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The Past, Present and Future of Traditional Knowledge

This article by Shubha Ghosh examines the various aspects of traditional knowledge, including distributive and intergenerational justice, legal and social issues, economic and political considerations, and the commons. It also discusses the overlap with intellectual property, benefit sharing, social investment, and the role of institutions in preserving and transmitting knowledge. The article concludes by addressing the challenges and potential solutions in implementing and governing traditional knowledge.

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The Past, Present and Future of Traditional Knowledge

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  1. The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

  2. Varieties of TK Ghosh--Past, Present, Future of TK

  3. Commons • Distributive and Intergenerational Justice • Legal meets the Social Issues Ghosh--Past, Present, Future of TK

  4. Economic • Political • Limited common property (LCP) Commons Ghosh--Past, Present, Future of TK

  5. Representation • Governance • Commodification The devilish details Ghosh--Past, Present, Future of TK

  6. Commons of liberty • Commons of equality • Commons of justice After the commons Ghosh--Past, Present, Future of TK

  7. Expertise • Civic Participation • Market Failure • Management Justice informs the commons Ghosh--Past, Present, Future of TK

  8. Dividing the spoils? • Benefit sharing • Social investment Distributive Justice Ghosh--Past, Present, Future of TK

  9. Overlap with intellectual property • Multiple public domains • Institutions for preserving and transmitting knowledge • Tacit and codified knowledge • Bridging past, present, and future • Identifying constituencies Intergenerational Justice Ghosh--Past, Present, Future of TK

  10. Beyond authors and inventors • Users • Preservers Constituencies Ghosh--Past, Present, Future of TK

  11. Cottier and traditional IP rights • Reichman and compensatory licensing regime • Unfair competition • NGO • National Botanical Research Institute • Society for Research and Initiatives for Sustainable Technologies and Institutions • Grassroots Innovation Augmentation Network • Honeybee Network Models Ghosh--Past, Present, Future of TK

  12. No one sui generis regime • Medicine, folklore, performance • Formal or informal enforcement? • Governance and rule making? Implementation Ghosh--Past, Present, Future of TK

  13. Legal meets the social • Modes of knowledge formation(Haverkort & Reijntjes) • Clash • Underground • Parallel • Selective inclusion • Paternalism • Romanticism • Co-evolution Challenges Ghosh--Past, Present, Future of TK

  14. Where the mind is without fear and the head is held high Where knowledge is free Where the world has not been broken up into fragments By narrow domestic walls Where words come out from the depth of truth Where tireless striving stretches its arms towards perfection Where the clear stream of reason has not lost its way Into the dreary desert sand of dead habit Where the mind is led forward by thee Into ever-widening thought and action Into that heaven of freedom, my Father, let my country awake--Rabindranath Tagore Ghosh--Past, Present, Future of TK

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