Protection of intellectual, biological &cultural property in Papua New Guinea
The chapters in this book were presented at a conference on intellectual, biological and cultural property that was held in Port Moresby in August 1997. They raise issues that are critical both for Papua New Guinea and for other developing countries. With the exception of Brendan Tobin's chapte...
| Main Author: | Kathy Whimp, Mark Busse |
|---|---|
| Format: | eBook |
| Language: | Bahasa Inggris |
| Published: |
ANU E Press
2013
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| Subjects: | |
| Online Access: |
http://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=52591 |
| id |
oai:lib.umy.ac.id:52591 |
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oai_dc |
| spelling |
oai:lib.umy.ac.id:525912021-06-16T13:06:21ZProtection of intellectual, biological &cultural property in Papua New GuineaKathy Whimp, Mark BusseIntellectual property rightsPapua New Guinea,Cultural propertyPapua New Guinea, Biotechnology, Copyrighting traditionalThe chapters in this book were presented at a conference on intellectual, biological and cultural property that was held in Port Moresby in August 1997. They raise issues that are critical both for Papua New Guinea and for other developing countries. With the exception of Brendan Tobin's chapter (which uses the analysis of an intellectual property agreement in the Peruvian Amazon to make general suggestions for legal frameworks within which intellectual property can be transacted), the essays reflect the Papua New Guinea context in which they were written, not only in their content but also in the social and historical contexts that are taken for granted-for example, understandings about social relations between persons; ideas about relationships between persons and things; Papua New Guinea's history of British, German and Australian colonialism; and the powerful economic position that Australia continues to have in Papua New Guinea. The diverse chapters in this book are linked by their concern with the concept of property and property rights in intangible things. While they emerged from the particularities of Papua New Guinea, the essays also take up wider debates at the cutting edge of the development of international property law including globalisation and deregulation of trade, the balance of economic interests between industrialised and developing countries, and the rights of indigenous peoples both internationally and in relation to the nation states of which they are citizens. There is much room for confusion and misunderstanding in determining how these questions should be answered. In taking up these issues, the essays bring into focus the question of how such developments might be applied in Papua New Guinea. In this introduction we seek to provide historical background and to illuminate some critical distinctions and perspectives on intellectual property which will set the scene for the issues raised in the following chapters. We begin with a brief overview of the development of ideas about property and intellectual property in English law. The relevance of this lies in the Papua New Guinea Constitution which explicitly includes both custom and 'the principles and rules of common law and equity in England' (as they existed immediately before Papua New Guinea's independence in 1975) as the underlying law of the country.3 We then discuss the major international treaties and conventions regarding intellectual property and their significance for Papua New Guinea. We then turn to indigenous Papua New Guinean ideas about property and intellectual property, and a discussion of the status of custom in Papua New Guinea law, before concluding with comments on alternatives to the prevailing paradigm of intellectual property rights.ANU E Press2013eBookebook 323Bahasa Inggrishttp://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=52591 |
| institution |
Universitas Muhammadiyah Yogyakarta |
| collection |
Perpustakaan Yogyakarta |
| language |
Bahasa Inggris |
| topic |
Intellectual property rights Papua New Guinea,Cultural property Papua New Guinea, Biotechnology, Copyrighting traditional |
| spellingShingle |
Intellectual property rights Papua New Guinea,Cultural property Papua New Guinea, Biotechnology, Copyrighting traditional Kathy Whimp, Mark Busse Protection of intellectual, biological &cultural property in Papua New Guinea |
| description |
The chapters in this book were presented at a conference on intellectual,
biological and cultural property that was held in Port Moresby in
August 1997. They raise issues that are critical both for Papua New
Guinea and for other developing countries. With the exception of
Brendan Tobin's chapter (which uses the analysis of an intellectual
property agreement in the Peruvian Amazon to make general suggestions
for legal frameworks within which intellectual property can be
transacted), the essays reflect the Papua New Guinea context in which
they were written, not only in their content but also in the social and
historical contexts that are taken for granted-for example,
understandings about social relations between persons; ideas about
relationships between persons and things; Papua New Guinea's history
of British, German and Australian colonialism; and the powerful economic
position that Australia continues to have in Papua New Guinea.
The diverse chapters in this book are linked by their concern with the
concept of property and property rights in intangible things. While they
emerged from the particularities of Papua New Guinea, the essays also
take up wider debates at the cutting edge of the development of
international property law including globalisation and deregulation of
trade, the balance of economic interests between industrialised and
developing countries, and the rights of indigenous peoples both
internationally and in relation to the nation states of which they are citizens. There is much room for confusion and misunderstanding in
determining how these questions should be answered. In taking up
these issues, the essays bring into focus the question of how such
developments might be applied in Papua New Guinea.
In this introduction we seek to provide historical background and to
illuminate some critical distinctions and perspectives on intellectual
property which will set the scene for the issues raised in the following
chapters. We begin with a brief overview of the development of ideas
about property and intellectual property in English law. The relevance
of this lies in the Papua New Guinea Constitution which explicitly
includes both custom and 'the principles and rules of common law and
equity in England' (as they existed immediately before Papua New
Guinea's independence in 1975) as the underlying law of the country.3
We then discuss the major international treaties and conventions
regarding intellectual property and their significance for Papua New
Guinea. We then turn to indigenous Papua New Guinean ideas about
property and intellectual property, and a discussion of the status of
custom in Papua New Guinea law, before concluding with comments on
alternatives to the prevailing paradigm of intellectual property rights. |
| format |
eBook |
| author |
Kathy Whimp, Mark Busse |
| author_sort |
Kathy Whimp, Mark Busse |
| title |
Protection of intellectual, biological &cultural property in Papua New Guinea |
| title_short |
Protection of intellectual, biological &cultural property in Papua New Guinea |
| title_full |
Protection of intellectual, biological &cultural property in Papua New Guinea |
| title_fullStr |
Protection of intellectual, biological &cultural property in Papua New Guinea |
| title_full_unstemmed |
Protection of intellectual, biological &cultural property in Papua New Guinea |
| title_sort |
protection of intellectual, biological &cultural property in papua new guinea |
| publisher |
ANU E Press |
| publishDate |
2013 |
| url |
http://oaipmh-jogjalib.umy.ac.idkatalog.php?opo=lihatDetilKatalog&id=52591 |
| isbn |
ebook 323 |
| _version_ |
1702748777668935680 |
| score |
14.79448 |