‘Not just Politics: Traditional Knowledge Disputes through a Comparative Lens’

Stephen R. Munzer, ‘A Framework for Managing Disputes over Intellectual Property Rights in Traditional Knowledge’, 29 Michigan Journal of Race and Law 31 (2024). The first thing I read by Stephen R Munzer was an article that he had done with Kal Raustiala, ‘The Uneasy Case for Intellectual Property Rights in Traditional Knowledge’, 27 Cardozo Arts & Entertainment Law Journal 37 (2009). There had been plenty of arguments made against providing protection for traditional knowledge (TK) and traditional cultural expressions, but that article provided a clear and challenging analysis for WHY providing protection was such a challenging theoretical problem, not just in the Global North but also in the Global South. In the most fascinating way, Munzer does this again in this article, once again providing a new and challenging reframing of the problem of resolving disputes relating to indigenous and traditional knowledge. In reading this article Munzer does two things here that I especially appreciate … (more)

[Dalindyebo Shabalala, JOTWELL, 10 July 2025]

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