Traditional Knowledge and intellectual property systems
1.Defining traditional Knowledge
The rapid advancement of scientific knowledge in the last fifty years has made profound changes and impacts on society. Through new international regimes, knowledge has become a commodity to be bought and sold. At the same time, traditional knowledge has also continued to flourish and develop at a much different pace. Indigenous peoples around the world hold traditional knowledge regarding the use of biological materials for medical treatment and agriculture, the conservation and sustainable use of natural and genetic resources, and a wide range of cultural practices and innovations. Traditional knowledge has always had spiritual and utilitarian value to indigenous peoples, but until in the last few decades its value for commercial uses has also been recognized. Pharmaceutical and biotechnological companies are looking at ways to exploit indigenous medicinal knowledge, plants and other resources that are often found in developing countries, the Internet is progressively allowing creators of folklore or folklore-based copyrighted material to disseminate their material worldwide at very low cost.
The expression “traditional knowledge” is a shorter form of “traditional knowledge, innovations and practices.” The concept of "Traditional Knowledge" (TK) has been defined by the World Intellectual Property Organization (WIPO) Secretariat as "tradition-based literary, artistic, or scient无忧论文 【http://www.uklunwen.com】ific works; performances; inventions; scientific discoveries; designs; marks, names, and symbols; undisclosed information; and all other tradition-based innovations and creations resulting from intellectual activity in the industrial, scientific, literary or artistic fields." 1 Subject matter of traditional knowledge may include herbal classification, location and properties; geographical assets in territories, such as timber or underground deposits, animal domestication and hunting; and land management and use.
Many countries are working both domestically and internationally as part of increasing efforts to identify effective means of preserving this traditional knowledge for future generations, promoting its broader adoption, and protecting it from unauthorized appropriation and commercialization. However, currently, these forms of knowledge remain protected by a traditional way of life.
On-going discussions are considering, as one possible approach, the appropriateness of protecting certain kinds of traditional knowledge as a form of intellectual property and, if appropriate, the best means of applying intellectual property rights.
2.The application of existing intellectual property rights to traditional knowledge
Can existing international property rights regimes be used to protect traditional knowledge? Some say traditional knowledge is a serious challenge for the current intellectual property system, which is unable to respond to the concerns of the traditional |
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