The Recognition and Status of Traditional Knowledge in the Conflict of Laws
27 Pages Posted: 3 Apr 2008
Date Written: April 2008
The article explores the interface between traditional knowledge and I.P. protection in the conflict of laws and asks whether a different approach under private intrenational law, and particulalry more open doctrines such as unjust enrichment, present a viable alternative to the protection of different forms of traditional knowldege. The article also examines the scope to which existing conflict rules may allow a direct application under edoctrines such as the lex loci delicti where values have been approriated abroad and subsequnetly exploited under a different jursidiction.
Keywords: Traditional Knowldege, Intellectual Property, Private Intrenational Law, Copyright
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