International Law and Indigenous Knowledge

Chidi Oguamanam is a professor in the Dalhousie Law School, Dalhousie University.

• PrefaceAbbreviationsPART ONE: General Introduction and Overview IntroductionKnowledge: The New Frontier of the Indigenous QuestionIntellectual Property and the Search for EquityTKPT and Socio-Cultural ImperativeTraditional and Western Scientific Knowledge SystemsScience as a Site of ContestIndigenous/Traditional KnowledgeTraditional Knowledge of Plant-Based Therapy (TKPT)Applicability of IPRs to Traditional KnowledgeChapter SynopsisPART TWO: Introduction on Biodiversity, Traditional Knowledge and Intellectual Property and the Protection of Indigenous Peoples in International Law IntroductionBiodiversityTraditional/Indigenous Knowledge SystemsIntellectual Property RightsInternational Law Relating to Indigenous PeoplesPART THREE: International Law and Traditional Knowledge of Plant-based Therapy (TKPT) IntroductionIndigenous Knowledge as Part of International Law on Indigenous PeoplesThe Protection of Traditional Therapeutic KnowledgeTraditional Therapeutic Knowledge under the WHOState Practices and Traditional MedicineSummaryPART FOUR: The Socio-Cultural Context of Traditional Knowledge of Plant-based Therapy (TKPT) IntroductionTraditional Therapy and Western Biomedicine: The Paradigmatic DivergenceThe Central Role of Plants in Traditional TherapyTraditional Therapeutic Systems: Beyond Active SubstancesThe Performing of HealingMultivalence of Traditional Therapeutic MethodsThe Scientific Question and Situational LogicSummaryPART FIVE: Intellectual Property and Traditional Knowledge of Plant-based Thearpy IntroductionIntellectual Property Rights in the Context of Traditional MedicineThe Intellectual Property DebatePatients and TKPT: Investigating the TradeoffsTests of Patentability and Product of Nature RhetoricThe Case for Patentability of TKPTBeyond Patenting: Folkloric Protection for TKPTIntellectual Property at the Periphery: Geographical IndicationsPatenting TKPT: Some ReflectionsPART SIX: Towards a Cross-Cultural Dialogue on Intellectual Property Rights IntroductionAppraising the DiscussionIndigenous Knowledge: Economic Reward vs Cultural IdentityIndigenous Knowledge: Legal Empowerment From WithinThe CBD and WIPO: Embracing the Cross-cultural DialogueKnowledge Protection Outside the Regime of Conventional Intellectual Property RightsThe Cross-cultural Approach as a Framework

'One of the most in-depth studies in the area of indigenous knowledge and property rights to date, this work provides a thorough examination of the role of law and public policy in addressing the rift between Western and non-Western knowledge systems and the crisis of legitimacy in the conventional intellectual property system.' - African Technology Development Forum Journal (Featured Book, Fall 2006) 'Dr. Oguamanam advocates for a "bottom-up" approach in dealing with how to best preserve and protect traditional knowledge ... In so doing, a solution can be crafted which will provide protection for traditional knowledge in a manner that is respectful of indigenous and local peoples' cultural identities. Ultimately, this type of solution will create a strong foundation upon which enduring indigenous political empowerment can be achieved.' - Graham Reynolds, Alberta Law Review Supplement 'International Law and Indigenous Knowledge by Chidi Oguamanam is a valuable contribution to the ongoing discussion over preservation of the integrity of traditional knowledge and Indigenous ways of knowing. The author provides solid scaffolds to navigate the complex negotiations and intersections between international law and Indigenous property rights in evolving, diverse contexts.' - Thom Alcoze, Canadian Journal of Native Studies