The Recognition and Status of Traditional Knowledge in the Conflict of Laws

27 Pages Posted: 3 Apr 2008

See all articles by Guido Westkamp

Guido Westkamp

Queen Mary Intellectual Property Research Institute

Date Written: April 2008

Abstract

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

Suggested Citation

Westkamp, Guido, The Recognition and Status of Traditional Knowledge in the Conflict of Laws (April 2008). Available at SSRN: https://ssrn.com/abstract=1115396 or http://dx.doi.org/10.2139/ssrn.1115396

Guido Westkamp (Contact Author)

Queen Mary Intellectual Property Research Institute ( email )

67-69 Lincoln's Inn Fields
London, WC1A 3JB
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/westkamp.html

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