(2005) 2:2 SCRIPTed 133—276
Issue DOI: 10.2966/scrip.020205
Volume 2, Issue 2, June 2005
Welcome to the second volume of SCRIPTed. This is the list of contents:
- The Protection of Traditional Knowledge Related to Genetic Resources
Marko Berglund, pp.206-222
This work assesses some of the ways in which TK related to genetic resources is protected. The first part addresses the use of patents and their shortcomings in protecting this type of knowledge. To compensate for these weaknesses, the second section of this work argues for the inclusion of sui generis elements into patent law. With regard to TK related to genetic resources, the introduction of procedural safeguards into the patent application procedure would provide an effective model of protection. The final part of this work will address the international dimension of TK protection.
- The Protection of Expressions of Folklore Through the Bill of Rights in South Africa
ES Nwauche, pp.223-255
This paper uses the Bill of Rights in the Constitution of the Republic of South Africa 1996 and the jurisprudence that has developed in the course of its application to demonstrate that a human rights framework for the protection of expressions of folklore is a viable, or relatively better, framework than protection through existing intellectual property and sui generis regimes.
- Legal Challenges to Open Source Licences
Andrés Guadamuz González, pp.256-264
This paper will concentrate on presenting a legal analysis of two of the main challenges to open source software: SCO’s litigation and software patents. The paper discusses the validity of such challenges, their possible impact to the future of open source software, and the possible legal defences used against them.
- Should There Be an Obligation of Disclosure of Origin of Genetic Resources in Patent Applications? – Learning Lessons from Developing Countries
Graeme Laurie, pp.265-272
Bajar en español
In the lead-up to two meetings in June 2005 which will address the question of whether there should be an obligation of disclosure of origin of genetic resources in patent applications, this paper uses the on-going international policy debate in this area as a platform both to make some specific observations about this particular issue, and to offer some comments on the broader question which it raises of how the intellectual property world integrates with other legal and ethical regimes.