Intellectual property rights
Intellectual property and traditional knowledge
How to protect traditional knowledge
Authors:
Publisher:
World Intellectual Property Organization , 2009
Indigenous and local communities cherish traditional knowledge (TK) as a part of their cultural identities. The work of the WIPO Intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore (“IGC”) ranges from the international dimension of TK and cooperation with other international agencies, to capacity building and the pooling of practical experience in this complex area. This booklet gives an overview of this work, discusses some key concepts and describes various national approaches to protecting TK against misuse or misappropriation.
Key concepts of TK are outlined and the challenges confronting TK holders described. The legal rights of TK are considered and as well as issues surrounding intellectual property rights. When policymakers explore suitable legal mechanisms to protect TK against misappropriation, they consider a broader range of legal concepts apart from the kind of exclusive rights used in most forms of intellectual property (IP) law. Several of these alternative concepts are briefly described here.
The booklet finishes with an assessment of some practical capacity building tools and concludes that the WIPO work is framing the core principles that should underpin the protection of TK. This offers a potential foundation for international legal development in the form of precise policy and legislative options for enhanced protection of TK through adapted or expanded conventional IP systems.
