The Protection of Traditional Knowledge under International Law: With Particular Emphasis to WIPO Draft Instrument for the Protection of TK

Abstract

Traditional knowledge consists of is know-how, skills, innovations and practices that are passed on from generation to generation within indigenous peoples or local communities, forming part of its cultural identity and evolving. It contributes to the sustainable use and preservation of biodiversity, environmental and health care. Although the traditional knowledge s of indigenous people has been used to pursue different ends, the owners or holders of the knowledge are not getting benefits from their know-how, innovations, and skills. Currently, there is no international instrument that deals with the protection of traditional knowledge in a comprehensive and holistic manner. Under the auspices of WIPO the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has prepared a draft text for an international regime for the protection of TK. The draft follows a sui generis approach for the protection of TK which combines a wide set of IP and non-IP tools and instruments. However, so far there has been more divergence than convergence on the need and scope of sui generis protection for TK in IGC meetings. Therefore, this thesis is devoted to the discussion on whether sui generis instrument for the protection of traditional knowledge is necessary. It also deals with the elements of effective sui generis instrument for the protection of traditional knowledge

Traditional knowledge consists of is know-how, skills, innovations and practices that are passed on from generation to generation within indigenous peoples or local communities, forming part of its cultural identity and evolving. It contributes to the sustainable use and preservation of biodiversity, environmental and health care. Although the traditional knowledge s of indigenous people has been used to pursue different ends, the owners or holders of the knowledge are not getting benefits from their know-how, innovations, and skills. Currently, there is no international instrument that deals with the protection of traditional knowledge in a comprehensive and holistic manner. Under the auspices of WIPO the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has prepared a draft text for an international regime for the protection of TK. The draft follows a sui generis approach for the protection of TK which combines a wide set of IP and non-IP tools and instruments. However, so far there has been more divergence than convergence on the need and scope of sui generis protection for TK in IGC meetings. Therefore, this thesis is devoted to the discussion on whether sui generis instrument for the protection of traditional knowledge is necessary. It also deals with the elements of effective sui generis instrument for the protection of traditional knowledge