Traditional Knowledge in Taiwan: A Call for Greater Participation of Indigenous Peoples in the Global Intellectual Property Marketplace

Cooper, James M.

Journal: Vanderbilt Journal of Transnational Law

Volume: 53

First Page: 1477

Year: 2020

Bluebook Citation: 53 VAND. J. TRANSNAT'L L. 1477 (2020)

Author: James M. Cooper: all 15 publications


Abstract

This Article explores the plight of the Aborigines of Taiwan and the legal protections that exist for their Traditional Knowledge. While Taiwan continues to face international isolation with a diminished number of states recognizing the Republic of China as the seat of China, the island's government has taken limited steps to recognize language, cultural, and economic rights of its Indigenous peoples. International law has not been helpful in protecting Traditional Knowledge, but Taiwan could use its vast economic resources and positive track record in protecting some of these rights to further its goals of international recognition. This Article details the current regulation of Traditional Knowledge, both internationally and within Taiwan, and calls for a new international treaty in which the Republic of China could take part under the auspices of the World Trade Organization to which Taiwan belongs.

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