The Legal Protection of Traditional Knowledge in the Pharmaceutical Field
An Intercultural Problem on the International Agenda
2011, Internationale Hochschulschriften, Band 559, 332 Seiten, E-Book (PDF), 26,90 €, ISBN 978-3-8309-7603-5
Building on this situation, this book seeks to critically explore the issue of an adequate international legal protection of plant-based traditional knowledge in the pharmaceutical field from a theoretical perspective as well as by analysing practical legal measures. The research question posed on behalf of this analysis exceeds the limits of a mere legal dogmatic inquiry of the current legal framework and implies an understanding of law, which differs from a purely positivist view on the subject but considers the intercultural dimension of the legal problem. Based on a sound theoretical foundation, the present text examines indigenous peoples’ declarations, proposals of the academic community and the multilateral deliberations, with the principal focus on the sui generis approach of WIPO.