Publications
Publications
NZCIEL publications 2026
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[PREPRINT] Intellectual Property and Services in Digital Trade Negotiations
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[CHAPTER] Unilateral Measures – The United States
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NZCIEL publications 2025
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[ARTICLE] Tracing Knowledge is Samoa
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NZCIEL publications 2024
NZCIEL publications 2022
NZCIEL publications 2021
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[PRESENTATION] Mātauranga Māori and the Interface with the Intellectual Property Ecosystem
NZCIEL publications 2018
NZCIEL publications 2017
NZCIEL publications 2016
NZCIEL publications 2014
NZCIEL publications 2012
Individual publications
Susy Frankel wrote a chapter titled ‘Moral Rights and the Protection of Traditional Knowledge’ in Research Handbook on Intellectual Property and Moral Rights (edited by Ysolde Gendreau and published by Edward Elgar Publishing, 2023).
Summary
Some of the principal concerns about the protection of traditional knowledge echo two major moral rights: the right to attribution and the right to integrity, which is sometimes called the right to object to derogatory treatment.
Although some aspects of claims to traditional knowledge resemble moral rights claims, the overlap is partial and complicated by jurisdictional variations in the scope of protection for both moral rights and traditional knowledge.
This chapter elucidates the overlap of traditional knowledge and moral rights, demonstrates the partiality of that overlap and concludes that moral rights can be complementary to the protection of traditional knowledge but not the best means of achieving such protection.