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The Role of Customary Law in Access and Benefit-sharing and Traditional Knowledge Governance: Perspectives from Andean and Pacific Island Countries

The Role of Customary Law in Access and Benefit-sharing and Traditional Knowledge Governance: Perspectives from Andean and Pacific Island Countries

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This paper provides an overview of the debate on customary laws and the outcomes of Andean and South Pacific workshops and provides some suggestions on the potential role for customary law in international governance of access and benefit sharing and traditional knowledge. Jointly produced by the World Intellectual Property Organization (WIPO) and the United Nations University (UNU).
This paper provides an overview of the debate on customary laws and the outcomes of Andean and South Pacific workshops and provides some suggestions on the potential role for customary law in international governance of access and benefit sharing and traditional knowledge. Jointly produced by the World Intellectual Property Organization (WIPO) and the United Nations University (UNU).

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04/18/2013

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THE ROLE OF CUSTOMARY LAW IN ACCESS ANDBENEFIT-SHARING AND TRADITIONAL KNOWLEDGEGOVERNANCE: PERSPECTIVES FROM ANDEAN ANDPACIFIC ISLAND COUNTRIES
Jointly produced by theWorld Intellectual Property Organization (WIPO)and theUnited Nations University (UNU)Prepared byDr. Brendan Tobin
 
 
© World Intellectual Property Organization and United Nations University, 2013. Certain rightsreserved. WIPO and UNU authorize the partial reproduction, translation and dissemination of thispublication for non-commercial and non-profit scientific, educational or research purposes, providedthat WIPO and UNU and the publication are properly identified and acknowledged. Permission tosubstantially reproduce, disseminate and/or translate this publication, or compile or create derivativeworks therefrom, in any form, whether for commercial/for profit or nonprofit purposes, must berequested in writing.
Disclaimer:
This publication does not necessarily represent the views of WIPO or any of its Member States. This publication is not a substitute for legal advice. Its purpose is limited to providing basicinformation.
 
 
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Acknowledgements
This study relies heavily upon the input and outcomes of a series of regional workshops inthe Andean community and South Pacific. As such it is a product of the input of all thosewho attended these workshops and shared so generously of their experiences, ideas andaspirations. Although too numerous to mention individually thanks are due to all whoattended these workshops for their role in providing greater understanding of the depth andnature of customary law regimes and their role in resource management.The importance of the regional workshops for the preparation of study will be evident at firstsight and special thanks go to those who were responsible for the organization,implementation and reporting of the workshops. Particular acknowledgment must go toRodrigo de la Cruz who was instrumental in the organization and reporting of the AndeanWorkshop, as well as in preparing key studies on customary law in the region. In a similar fashion, recognition must go to Clive Wilkinson and Anne Caillaud who organized anddocumented the Melanesian workshop and edited the papers from that event. While, YolsauBell and Joel Miles were key for the organisation of the Micronesian workshop and alsocollaborated with Margaret Raven of UNU-IAS who took primary responsibility for compilinga workshop report based on the voluminous amount of information arising from that meeting.Special thanks go to Wendy Elliott who worked on both the Micronesian and South Pacificworkshops and their respective reports.This report would not have been possible without the support of a number of key peoplewhose commitment to promoting research on issues of TK protection has provided theplatform for this study. These include Maria Fernanda Espinosa, Henrietta Marie, ClarkPeteru, and Anthony Taubman. Above all thanks, go to UNU-IAS and in particular SamJohnston without whose support preparation of this report would have been impossible. Hiscomments on earlier versions of this paper along with those of as well as those of WendyElliott, Catherine Monagale, and Krystyna Swiderska have significantly added to the finalproduct. Thanks are also due to WIPO and the Irish Center for Human Rights for their support in finalising this research and its publication. Although, this report relies heavily upon the Andean and South Pacific workshops andcomments received from colleagues, responsibility for the analysis and conclusions lies withthe author alone.Brendan TobinResearch Fellow Australian Centre for IntellectualProperty in Agriculture (ACIPA)Law SchoolGriffith University

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