Law 797:  Traditional Knowledge and Folklore in Intellectual Property

This course identifies linkages between Intellectual Property, Traditional Knowledge (TK) and Folklore (otherwise referred to as Traditional Cultural Expressions – TCEs). The course addresses the relationship between TK/TCEs and the law of intellectual property, and explores the extent to which intellectual property law can be used to protect TK and TCEs. It defines the terms involved; highlights how TK/TCEs are of value to different nations or regions; and proceeds to show how they are protected in those jurisdictions. The course also provides a broad coverage of international legal instruments for the protection of TK and TCEs. It then evaluates the arguments for and against protection of TCEs, bringing in case studies that have involved a clash between Intellectual Property, Traditional Knowledge, and Traditional Folklore.

Prerequisite: Prior completion of, or concurrent enrollment in, one of the following courses: Copyright Law (Law 644); Patent Law (Law 645); Trademark, Unfair Competition and Consumer Protection Law (Law 643); or Introduction to Intellectual Property (Law 797).

Evaluation: Students will be evaluated on response papers and participation.

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