Johanna Gibson’s “Traditional Knowledge and Intellectual Property: Law and Practice” won’t be released by the OUP until July, but at 704 pages, it looks well worth the wait. What will be in it? Topics promised include benefit-sharing, ownership, creation of intellectual property rights, disclosure of origin, coherence and consistency with international intellectual property regimes. For those who already have “Community Resources: Intellectual Property, International Trade and Protection of Traditional Knowledge”, 2005, ISBN: 0754644367, this work promises much.
Johanna Gibson is Herchel Smith Professor of Intellectual Property Law and Director of the Queen Mary Intellectual Property Research Institute (QMIPRI) and many of us will know her past contributions to the excellent IPKat blog (IPKat is a registered Community Trade Mark 🙂
Intellectual Property and Biodiversity: Rights to Animal Genetic Resources by Michelangelo Temmerman is to be published on 19th December.
This is a significant resource at 320 pages. This book covers:
the continuing applicability of trademarks, geographical indications, copyright, and trade secrets;
patentability rules and exclusions;
the extension of patent rights over progeny;
the underlying elements deciding on the shape of regulation – innovation, economic development, agriculture, human rights, animal welfare, the conservation of resources, and equal trading conditions;
the meaning of ‘essentially biotechnological processes’;
the legal definitions of ‘morality’ and ‘ordre public’ in the context of animal welfare;
and the future of international patent law in the context of global governance theories.
Intellectual Property and Biodiversity has a detailed investigation of how three major jurisdictions – the European Union, the United States, and Canada – have regulated the matter and highlights unresolved issues in the laws dealing with animal genetic resources.