The Past, Present and Future of Traditional Knowledge
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The Past, Present and Future of Traditional Knowledge

Shubha Ghosh. Vilas Research Fellow & Professor of Law. University of Wisconsin Law School. Varieties of TK. October 24, 2011. Ghosh--Past, Present, Future of TK. 2. Commons. Distributive and Intergenerational Justice.

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The Past, Present and Future of Traditional Knowledge




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Presentation on theme: "The Past, Present and Future of Traditional Knowledge"— Presentation transcript:

Slide1

The Past, Present and Future of Traditional Knowledge

Shubha Ghosh

Vilas Research Fellow & Professor of Law

University of Wisconsin Law School

Slide2

Varieties of TK

October 24, 2011

Ghosh--Past, Present, Future of TK

2

Slide3

CommonsDistributive and Intergenerational JusticeLegal meets the Social

Issues

October 24, 2011

Ghosh--Past, Present, Future of TK

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EconomicPoliticalLimited common property (LCP)

Commons

October 24, 2011

Ghosh--Past, Present, Future of TK

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RepresentationGovernanceCommodification

The devilish details

October 24, 2011

Ghosh--Past, Present, Future of TK

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Commons of libertyCommons of equalityCommons of justice

After the commons

October 24, 2011

Ghosh--Past, Present, Future of TK

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ExpertiseCivic ParticipationMarket FailureManagement

Justice informs the commons

October 24, 2011

Ghosh--Past, Present, Future of TK

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Dividing the spoils?Benefit sharingSocial investment

Distributive Justice

October 24, 2011

Ghosh--Past, Present, Future of TK

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Overlap with intellectual propertyMultiple public domainsInstitutions for preserving and transmitting knowledgeTacit and codified knowledgeBridging past, present, and futureIdentifying constituencies

Intergenerational Justice

October 24, 2011

Ghosh--Past, Present, Future of TK

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Beyond authors and inventorsUsersPreservers

Constituencies

October 24, 2011

Ghosh--Past, Present, Future of TK

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Cottier and traditional IP rightsReichman and compensatory licensing regimeUnfair competitionNGONational Botanical Research InstituteSociety for Research and Initiatives for Sustainable Technologies and InstitutionsGrassroots Innovation Augmentation NetworkHoneybee Network

Models

October 24, 2011

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Ghosh--Past, Present, Future of TK

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No one sui generis regimeMedicine, folklore, performanceFormal or informal enforcement?Governance and rule making?

Implementation

October 24, 2011

Ghosh--Past, Present, Future of TK

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Legal meets the socialModes of knowledge formation (Haverkort & Reijntjes)ClashUndergroundParallelSelective inclusionPaternalismRomanticismCo-evolution

Challenges

October 24, 2011

Ghosh--Past, Present, Future of TK

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Where the mind is without fear and the head is held high

Where knowledge is free Where the world has not been broken up into fragments By narrow domestic walls Where words come out from the depth of truth Where tireless striving stretches its arms towards perfection Where the clear stream of reason has not lost its way Into the dreary desert sand of dead habit Where the mind is led forward by thee Into ever-widening thought and action Into that heaven of freedom, my Father, let my country awake--Rabindranath Tagore

October 24, 2011

Ghosh--Past, Present, Future of TK

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