The open access publication of this book has been published with the support of the Swiss National Science Foundation.
This comprehensive book explores how traditional knowledge (TK) intersects with global intellectual and ecological discussions within the framework of intellectual property rights (IPRs). It provides practical solutions for local communities, indigenous peoples, and policymakers to protect and utilize TK effectively, including a detailed case study on Persian Carpets. Drawing on unique insights from key international organizations such as WIPO, WTO, and UNESCO, this book is an indispensable resource for legal scholars, students, and practitioners seeking to understand and strengthen TK protection under IPRs. The reader will discover strategies to prevent TK misappropriation and promote fair legal frameworks worldwide.
Hojjat Khademi, PhD (Bern University, 2020), is an expert in Intellectual Property Rights, specializing in Genetic Resources and Traditional Knowledge. He co-authored a chapter in Indigenous Knowledge & Intellectual Property (Juta, 2016) on protecting traditional medical knowledge.
Acknowledgement List of Figures and Tables List of Cases Abbreviations
Introduction
â1âBackground on Persian Carpets and Traditional Knowledge
â2âThe Value of TK and PCs for Local Communities
â3âDescription of the Problem
â4âMethodology
1 Concepts of Traditional Knowledge
â1âBrief Review of International Instrument Regarding TK
â2âWhat Is Traditional Knowledge?
â3âWho Are the Beneficiaries?
â4âWho Are the Beneficiaries of PCs?
â5âWho Might Represent Beneficiaries?
â6âSummary
2 Intellectual Property Protection of Traditional Knowledge
â1âThe Concept of Protection
â2âIntellectual Property Rights as a Tool for Protection of TK?
â3âFormalities for Protection
â4âDuration of TK Protection
â5âTK in the Public Domain
â6âA Preliminary Note on Copyright, Unfair Competition and Trade Secret
â7âSummary
3 Protection of Persian Carpets under Trademark Law
â1âIntroduction
â2âBrief Review of International Instruments Regarding Trademark Law
â3âWhat Do TKHâs Expect from the Trademark Legal Regime?
â4âApproach for Protection of TK-Related Signs
â5âBeneficiaries of TK-RS
â6âDuration of Protection of TK-RS
â7âSummary and Recommendations
4 Protection of Persian Carpets under Geographical Indications
â1âIntroduction
â2âBrief Review of International Instruments Regarding Protection of GIâs
â3âWhat Do TKHâs Expect from GIâs Legal Regime?
â4âThe Possibility of Protection for PCâs as Subject Matter of GIâs Law
â5âChallenges of Protection
â6âWho Are Beneficiaries of the GIâs?
â7âDuration of Protection
â8âSummary and Recommendations
Conclusions Bibliography Index
Academic audiences and scholars, indigenous people and local communities, national and regional policy-makers, the international and regional institutions