International Law and Indigenous Knowledge : Intellectual Property, Plant Biodiversity, and Traditional Medicine

In __International Law and Indigenous Knowledge__, Chidi Oguamanan argues that Indigenous knowledge has posed a crisis of legitimacy for the intellectual property system that calls for a rethinking of the intellectual property jurisprudence in a cross-cultural direction.

In the past, efforts to reconcile the western concept of intellectual property with indigenous knowledge have not taken into account the schism between this knowledge and western scientific forms. As knowledge assumes increasing importance in the quest for self-determination, cultural survival, and economic empowerment, the gulf between indigenous and western scientific knowledge assumes a new meaning. In International Law and Indigenous Knowledge, Chidi Oguamanam argues that the crisis of legitimacy indigenous knowledge poses for the intellectual property system compels a re-thinking of the concept of intellectual property itself.

Drawing on interdisciplinary research,International Law and Indigenous Knowledge takes as its framework the legal doctrinal methodology, focusing on international legal and policy developments regarding the protection of indigenous knowledge. Using traditional medicine and biodiversity to illustrate his thesis, Oguamanam argues that recent international legal and policy developments in the direction of a cross-cultural approach to intellectual property rights are desirable trends. Such developments come closer to addressing the rift between western and non-western knowledge systems as well as the crisis of legitimacy in the conventional intellectual property system.

Contents 7 Preface 13 Acknowledgments 15 Abbreviations 19 1. General Introduction and Overview 23 2. Conceptual Perspectives on Biodiversity, Traditional Knowledge, Intellectual Property, and the Protection of Indigenous Peoples in International Law 57 3. International Law and Traditional Knowledge of Plant-Based Therapy 96 4. The Sociocultural Context of Traditional Knowledge of Plant-Based Therapy 133 5. Intellectual Property Rights and Traditional Knowledge of Plant- Based Therapy: The Filtration of Indigenous Knowledge 167 6. Toward a Cross-cultural Dialogue on Intellectual Property Rights 213 Notes 245 Bibliography 325 Index 359 "In this book, Chidi Oguamanam argues that the crisis of legitimacy that indigenous knowledge poses for the intellectual property system calls for a rethinking of the intellectual property jurisprudence in a cross-cultural direction." "Oguamanan's study draws from interdisciplinary research in the social and medical sciences. It uses as its framework of analysis the legal doctrinal methodology, focusing on international legal and policy developments regarding the protection of indigenous knowledge, with emphasis on plant biodiversity as the mainstay of indigenous or traditional medicinal knowledge."--Résumé de l'éditeur "In this book, Chidi Oguamanam argues that the crisis of legitimacy that indigenous knowledge poses for the intellectual property system calls for a rethinking of the intellectual property jurisprudence in a cross-cultural direction." "Oguamanan's study draws from interdisciplinary research in the social and medical sciences. It uses as its framework of analysis the legal doctrinal methodology, focusing on international legal and policy developments regarding the protection of indigenous knowledge, with emphasis on plant biodiversity as the mainstay of indigenous or traditional medicinal knowledge."--Jacket.