Poor People's Knowledge

Description

How can we help poor people earn more from their knowledge-rather than from their sweat and muscle alone? This book is about increasing the earnings of poor people in poor countries from their innovation, knowledge, and creative skills.
Case studies look at the African music industry; traditional crafts and ways to prevent counterfeit crafts designs; the activities of fair trade organizations; biopiracy and the commercialization of ethnobotanical knowledge; the use of intellectual property laws and other tools to protect traditional knowledge. The contributors' motivation is sometimes to maintain the art and culture of poor people, but they recognize that except in a museum setting, no traditional skill can live on unless it has a viable market. Culture and commerce more often complement than conflict in the cases reviewed here.
The book calls attention to the unwritten half of the World Trade Organization's Agreement on the Trade Related Aspects of Intellectual Property (TRIPS). TRIPS is about knowledge that industrial countries own, and which poor people buy. This book is about knowledge that poor people in poor countries generate and have to sell. It will be of interest to students and scholars of international trade and law, and to anyone with an interest in ways developing countries can find markets for cultural, intellectual, and traditional knowledge.

Sujets

• Intellectual Property
• Traditional knowledge
• Biodiversity
• Indigenous peoples
• International trade
• Music industry
• Economic development

Informations

• Publié par: world-bank-publications
• Publié le: 29 janvier 2004
• Nombre de lectures: 41
• EAN13: 9780821383698
• Langue: English

Extrait

ow can we help poor people earn more from their knowledge
rather than from their sweat and muscle alone? Poor People’sH Knowledge: Promoting Intellectual Property in Developing
Countries demonstrates how poor people in poor countries can
increase their earnings from their own innovation, knowledge, and
creative skills.
Case studies look at the African music industry, traditional crafts and
ways to prevent counterfeit crafts designs, the activities of fair trade
organizations, bioprospecting and the commercialization of
ethnobotanical knowledge, and the use of intellectual property laws and
other tools to protect traditional knowledge. Culture and commerce
more often complement than conflict in the cases reviewed here. The
contributors’ motivation is sometimes to maintain the art and culture
of poor people; they recognize, however, that except in a museum
setting, no traditional skill can live on unless it has a viable market.
The World Trade Organization Agreement on Trade-Related Aspects
of Intellectual Property Rights (TRIPS) protects the knowledge that
individuals and businesses in industrial countries own, poor people
buy. This book looks at the other half of intellectual property, the
knowledge that poor people in poor countries generate and have to
sell to the rest of the world.
Poor People’s Knowledge builds on legal, economic, and commercial
analysis and should be of interest to student and scholars in these
fields. More broadly, the book will interest anyone who wants to learn
how people in developing countries can incorporate their own
intellectual property into their own development efforts and how
they can find international markets for commercial applications of
their cultural, intellectual, and traditional knowledge.
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ISBN 0-8213-5487-6Poor People’s
Knowledge
Promoting Intellectual Property
in Developing CountriesAbout the Cover
In the main market in the capital city of Dakar, Senegal, a customer hands over
money to a stall owner to purchase a music CD. In late 2001 the government of
Senegal instituted a mandatory “banderole” system—shown as the square hologram
sticker affixed on each CD or tape in the photo—to help combat illegal copying of
music compositions. This system aims to ensure that artists receive their due
income for their creations. Cover photo by Monique Thormann, August 2002.
Background photo: Woman weaving, Bhutan. Curt CarnemarkPoor People’s
Knowledge
Promoting Intellectual Property
in Developing Countries
Edited by J. Michael Finger
and Philip Schuler
A copublication of the World Bank
and Oxford University Press© 2004 The International Bank for Reconstruction and Development / The World Bank
1818 H Street, NW
Washington, DC 20433
All rights reserved.
1 2 3 4 06 05 04
A copublication of the World Bank and Oxford University Press.
The findings, interpretations, and conclusions expressed here are those of the author(s) and do not
necessarily reflect the views of the Board of Executive Directors of the World Bank or the governments
they represent.
The World Bank cannot guarantee the accuracy of the data included in this work. The boundaries,
colors, denominations, and other information shown on any map in this work do not imply on the
part of the World Bank any judgment of the legal status of any territory or the endorsement or accep-
tance of such boundaries.
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Research for this book was funded by the Bank-Netherlands Partnership Program.
ISBN 0-8213-5487-6
Library of Congress Cataloging-in-Publication Data
Poor people’s knowledge : promoting intellectual property in developing countries / edited
by J. Michael Finger, Philip Schuler
p. cm.—(Trade and development series)
Includes bibliographical references and index.
ISBN 0-8213-5487-6
1. Intellectual property—Developing countries. 2. Intellectual property (International law).
I. Finger, J. M. II. Schuler, Philip. III. Series.
K1401.P66 2003
346'.12408—dc22 2003061376Contents
Contributors vii
Acronyms and Abbreviations ix
Introduction and Overview 1
J. Michael Finger
1 Kuyujani Originario: The Yekuana Road
to the Overall Protection of Their
Rights as a People 37
Nelly Arvelo-Jiménez
2 Handmade in India: Traditional Craft
Skills in a Changing World 53
Maureen Liebl and Tirthankar Roy
3 Enhancing Intellectual Property
Exports through Fair Trade 75
Ron Layton
4 The Africa Music Project 95
Frank J. Penna, Monique Thormann,
and J. Michael Finger
5 Preventing Counterfeit Craft Designs 113
Betsy J. Fowler
6 Bioprospecting Agreements
and Benefit Sharing with
Local Communities 133
Kerry ten Kate and Sarah A. Laird
7 Biopiracy and Commercialization
of Ethnobotanical Knowledge 159
Philip Schuler
vvi Contents
8 Prevention of Misappropriation
of Intangible Cultural Heritage
through Intellectual Property Laws 183
Daniel Wüger
9 Making Intellectual Property Laws Work
for Traditional Knowledge 207
Coenraad J. Visser
Index 241Contributors
Nelly Arvelo-Jiménez, emeritus professor of anthropology at Instituto Vene-
zolano de Investigaciones Cientificas, director of Asocación Otro Futuro
J. Michael Finger, resident scholar, American Enterprise Institute
Betsy J. Fowler, international development policy consultant
Sarah A. Laird, Department of Anthropology, University College, London
Ron Layton, president, LightYears IP, Washington, D.C.
Maureen Liebl, museum and craft development consultant
Frank J. Penna, managing director, The Policy Sciences Center
Tirthankar Roy, professor, Gokhale Institute of Politics and Economics, Pune, India
Philip Schuler, Development Research Group, World Bank
Kerry ten Kate, director, Investor Responsibility, Insight Investment
Monique Thormann, private consultant
Coenraad J. Visser, professor of intellectual property law at the University of
South Africa, Pretoria, and the head of that university’s Department of Mercantile
Law and its Center for Business Law
Daniel Wüger, Institute of International Economic Law, Georgetown University
Law Center
vii