This informative book investigates how indigenous and traditional knowledge has been produced and positioned within intellectual property law and the effects of this position in both national and international jurisdictions.
Drawing upon critical cultural and legal theory, Jane Anderson illustrates how the problems facing the inclusion of indigenous knowledge resonate with tensions that characterise intellectual property as a whole. She explores the extent that the emergence of indigenous interests in intellectual property law is a product of shifting politics within law, changing political environments, governmental intervention through strategic reports and innovative instances of individual agency. The author draws on long-term practical experience of working with indigenous people and communities whilst engaging with ongoing debates in the realm of legal theory.
Detailing a comprehensive view on how indigenous knowledge has emerged as a discrete category within intellectual property law, this book will benefit researchers, academics and students dealing with law in the fields of IP, human rights, property and environmental law. It will also appeal to anthropologists, sociologists, philosophers and cultural theorists.
Jane E. Anderson, Visiting Research Scholar, Institute for Law and Society, School of Law, New York University, US
Contents: Introduction Part I: Law 1. The Cultural Life of Law 2. The Making of Intellectual Property Law 3. Copyright and Categories of Identification Part II: Knowledge 4. Aboriginal Art and the Economic Currency of Law 5. Study of the Bureaucratic Agenda 6. A Tale of Two Cases 7. The Politics of Law Part III: Culture 8. Globalising Indigenous Rights in Intellectual Property 9. The Culture Concept 10. Community and Culture/Community Claims Conclusion Bibliography Index