Protecting traditional knowledge and folklore: a review of progress in diplomacy and policy formulation

Protecting traditional knowledge and folklore: a review of progress in diplomacy and policy formulation

Published Jan 2002

Author

G. Dutfield

Publisher

Focus themes

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What are the options for protecting traditional knowledge and folklore?

In the various international fora developing country governments have increasingly taken the view that traditional knowledge (TK) and folklore need to be protected legally, and have criticised the formal IPR system for legitimising its misappropriation.

After surveying the relevant inter-governmental forums and negotiations, and clarifying the terminology, this paper presents a range of proposed systems and measures to protect TK and folklore in the light of ongoing international negotiations taking place at the WTO, WIPO and the Conference of the Parties to the CBD.

The proposals include not just those made by governments at these forums but others formulated and suggested by experts and non-governmental organisations and are grouped into ‘positive’ and ‘defensive’ forms of protection.

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