Intellectual property rights and traditional knowledge

The development agenda, as defined by the recently adopted SDGs, provides various targets for the recognition of the role of TK, reinforcing the assertion that IPRs relating to TK can simultaneously act to disseminate indigenous innovations and practices, while also acting as an equitable driver for community prosperity.

Traditional Knowledge

They argue that we own our bodies which are the laborers, this right of ownership extends to what we create. From an indigenous perspective, misappropriation and misuse of knowledge may be offensive to traditions, and may have spiritual and physical repercussions in indigenous cosmological systems.

Shashi Tharoor has failed to address the real concern of traditional knowledge through his Private Bill. Traditional knowledge When community members innovate within the traditional knowledge framework, they may use the patent system to protect their innovations.

The agreement is now open for ratification, and will come into force when 50 signatories have ratified it. The Bill is yet to be discussed in the Parliament.

The guide uses plain language and provides useful general advice on some of the benefits and issues surrounding intellectual property from an Indigenous perspective. For example, contemporary adaptations of folklore are copyrightable, while performances of traditional songs and music may come under the WIPO Performances and Phonograms Treaty.

Traditional cultural expressions Traditional cultural expressions folklore are seen as integral to the cultural and social identities of indigenous and local communities, embodying know-how and skills, and transmitting core values and beliefs. As such, it is not easily protected by the current intellectual property system, which typically grants protection for a limited period to inventions and original works by named individuals or companies.

Hence these works may be "new" works with a living and identifiable creator, or creators. An international legal instrument would define what is meant by traditional knowledge and traditional cultural expressions, who the rights holders would be, how competing claims by communities would be resolved, and what rights and exceptions ought to apply.

The first, 18 U. On genetic resources, countries agree that intellectual property protection and the conservation of biodiversity should be mutually supportive, but differ on how this should be achieved and whether any changes to current intellectual property rules are necessary.

Indigenous peoples soon showed concern for the misappropriation and misuse of their "intangible" knowledge and cultural heritage.

Application of specialised IPRs relating to TK takes the character of both a defensive posture enshrining TK in a sui generis international legal instrument, and of a proactive mechanism to forester sustainable development through codification of community protocols and effective benefit-sharing.

WIPO also deals with the intellectual property aspects of mutually agreed terms for fair and equitable benefit-sharing.

We Have Moved

For sustainable development to be realised, TK in natural capital must be protected in a way which empowers ILCs, provides for clear and transparent legal measures through use of IPRs, and establishes the groundwork for a relationship of respect and trust between users and providers of TK.

Defensive strategies might also be used to protect sacred cultural manifestations, such as sacred symbols or words from being registered as trademarks.

The full publication can be found here. Intellectual property protects these moral claims that have to do with personality. Balancing rights so that they are strong enough to encourage the creation of information and intellectual goods but not so strong that they prevent their wide use is the primary focus of modern intellectual property law.

Finally, if commercialisation were to occur —a development many of the youth support— benefits should be shared with the community generally and the specialist holder specifically. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations.

Copyright permits the owner to prevent others from copying the work or publishing it without authorization. As noted by Duthfield, the unique character of TK is derived from the method of acquisition, with communities having specially developed pedagogies and social processes for knowledge sharing, which denote a cultural significance and distinctive legal character.

Developing an international legal instrument Because the existing international intellectual property system does not fully protect traditional knowledge and traditional cultural expressions, many communities and governments have called for an international legal instrument providing sui generis protection.

Intellectual Creation based on Equitable Benefit-Sharing Recognition of IPRs in TK, with access to TK based on transparency, informed consultation and consent, and fair and equitable benefit-sharing, will generate intellectual creation grounded in a relationship of fairness rather than act as an inhibitor.

In the United States, trade secrets are protected under state law, and states have nearly universally adopted the Uniform Trade Secrets Act. India, for example, has compiled a searchable database of traditional medicine that can be used as evidence of prior art by patent examiners when assessing patent applications.

A large number of scholarly studies in the naturalistic tradition[ clarification needed ] demonstrate that traditional knowledge is not a natural category, and may reflect power struggles and relationships for land, resources and social control rather than adherence to a claimed ancestry or heritage.traditional knowledge intellectual property Issues Paper Dr.

Jane Anderson.

Study Reconsiders “Public Domain” In The Protection Of Traditional Knowledge

Indigenous/Traditional Knowledge & Intellectual Property. Prepared for the Center for the Study of the Public Domain. digenous rights to the protection of their knowledge systems can be secured.

Repository of resources on regional, national, local and community experiences on intellectual property and genetic resources, traditional knowledge and traditional cultural expressions.

Includes laws, survey, case studies, presentations and other resources. Countries avoid the misappropriation of traditional knowledge and with the implementation of the sharing of benefits principle, than with the development of an intellectual property rights regime for traditional knowledge (most notably U.S.

and Japan). Defensive protection aims to stop people outside the community from acquiring intellectual property rights over traditional knowledge. India, for example, has compiled a searchable database of traditional medicine that can be used as evidence of prior art by patent.

Intellectual property (IP) is a category of property that includes intangible creations of the human intellect, and primarily encompasses copyrights, patents, and trademarks.

It also includes other types of rights, such as trade secrets, publicity rights, moral rights, and rights against unfair ultimedescente.comic works like music and literature, as well as some discoveries, inventions, words.

Traditional knowledge encompasses the beliefs, knowledge, practices, innovations, arts, spirituality, and other forms of cultural experience and expression that belong to indigenous communities worldwide.

Since the adoption of the Universal Declaration of Human Rights in ,(1) intellectual.

Download
Intellectual property rights and traditional knowledge
Rated 5/5 based on 28 review