Protecting traditional knowledge, genetic resources and folklore: the way forward

This briefing paper discusses various avenues for protecting traditional knowledge (TK). It argues that given the holistic nature of TK it will be most appropriately protected by a bundle of different instruments including non-intellectual property (IP) tools. The briefing paper discusses:

• developments within the international fora including the World Intellectual Property Organization
• the process of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC)
• existing principles and tools for the protection of TK.

Current tools for the protection of TK include:

• the use of existing IP tools for protection of TK
• the law of confidentiality and trade secrets
• prior informed consent
• equitable access and benefit sharing
• recognition of customary uses and laws
• the use of Unfair Competition Law principle to protect TK
• cohesion of policies
• protection of farmer’s rights
• the use of a compensatory liability regime.

The briefing paper also outlines learnings from the IGC process, and challenges ahead.