Traditional knowledge
Encyclopedia : T : TR : TRA : Traditional knowledge
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| Geographical indication | |
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| Industrial design rights | |
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| Trade secrets | |
| Sui generis rights | |
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Traditional knowledge (TK), indigenous knowledge (IK), and local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities. Traditional knowledge also encompasses the wisdom, knowledge, and teachings of these communities. In many cases, traditional knowledge has been orally passed for generations from person to person. Some forms of traditional knowledge are expressed through stories, legends, folklore, rituals, songs, and even laws. Other forms of traditional knowledge are often expressed through different means.
Such knowledge typically distinguishes one community from another. In a sense, it becomes their "identity." For some communities, traditional knowledge takes on a personal and spiritual meaning. Traditional knowledge can also reflect a community's interests. Some communities even depend on their traditional knowledge for survival. Subsequently, communities argue that traditional knowledge warrants respect and sensitivity.
Recently, various communities throughout the world have turned to intellectual property laws to preserve, protect, and promote their traditional knowledge. Certain communities have also sought to make equitable use of their traditional knowledge. Currently, only a few nations offer explicit sui generis protection for traditional knowledge. However, a number of countries are still undecided as to whether law should give traditional knowledge deference.
Protectionism
Two protective paradigms have been employed by these communities.The first protective paradigm seeks to prevent others from using or securing intellectual property rights over traditional knowledge. For example, some communities have created traditional knowledge databases to evidence their traditional knowledge as prior art in order to prevent perceived abuses such as biopiracy. Although traditional knowledge databases may preempt some from securing rights over traditional knowledge, databases do disclose such traditional knowledge to the public. This becomes a problem since many communities would rather keep such traditional knowledge within their community. A consequence of this defensive form of protectionism is the loss of an economic catalyst to discover new things. Other defensive efforts include preempting the registration of community names as trademarks and actions for misappropriation.
The second protective paradigm (often called "positivism") seeks to secure protective legal rights over traditional knowledge. This is achieved by either using the existing laws or using legislative means to enact new laws. Nevertheless, some countries, like the United States, may face constitutional problems with granting perpetual rights to these communities. There are also utilitarian concerns with granting legal rights to traditional knowledge. For instance, some forms of traditional knowledge (such as cures for disease) may be used to help others; and if exclusive rights were granted, some may go unhelped. Other concerns deal with the equitable sharing of benefits and resources.
World Intellectual Property Organization
The World Intellectual Property Organization (WIPO) is currently working with different nations, organizations, and communities to address the policy/legal issues with traditional knowledge protectionism.See also
- Biopiracy
- Convention on Biological Diversity
- Intellectual property
- *Sui generis protection
- Indigenous peoples
- World Intellectual Property Organization (WIPO)
- Yoga piracy
External links
- ["Traditional Knowledge" on the WIPO web site]
- [World bank's Indigenous Knowledge (IK) Program's website]
- [A gateway dedicated to indigenous knowledge]
References
- Blakeney M., Bioprospecting and the Protection of Traditional Medical Knowledge of Indigenous People: an Australian Perspective, in E.I.P.R. 1997, 29(6), 298-303.
- Blakeney M., The Protection of Traditional Knowledge under Intellectual Property Law, in E.I.P.R. 2000, 22(6), 251-261.
- Drahos P., Indigenous Knowledge, Intellectual Property and Biopiracy: Is a Global Biocollecting Society the Answer, in E.I.P.R. 2000, 22(6), 245-250.
- Dutfield G., Legal and Economic Aspects of Traditional Knowledge, in International Public Goods and Transfer of Technology Under a Globalized Intellectual Property Regime, edited by J.H. Reichman & K. Maskus, Cambridge, 2005.
- Dutfield G., TRIPS-related Aspects of Traditional Knowledge, in 33 Case W. Res. J. Int’l L. 233, 2001.
- Gopalakrishnan N.S., TRIPS and Protection of Traditional Knowledge of Genetic Resources: New Challenges to the Patent System, in E.I.P.R. 2005, 27(1), 11-18.
- Pires de Carvalho N., From the Shaman’s Hut to the Patent Office: In Search of a TRIPS-Consistent Requirement to Disclose the Origin of Genetic Resources and Prior Informed Consent, in 17 Wash. U. J.L. & Pol’y 111 2005.
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