The Intellectual Property and Traditional Knowledge Puzzle
This presentation is the property of its rightful owner.
Sponsored Links
1 / 11

The Intellectual Property and Traditional Knowledge Puzzle PowerPoint PPT Presentation


  • 83 Views
  • Uploaded on
  • Presentation posted in: General

The Intellectual Property and Traditional Knowledge Puzzle. Wend Wendland, Director, Traditional Knowledge Division.

Download Presentation

The Intellectual Property and Traditional Knowledge Puzzle

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


The intellectual property and traditional knowledge puzzle

The Intellectual Property and Traditional Knowledge Puzzle

Wend Wendland, Director, Traditional Knowledge Division


The intellectual property and traditional knowledge puzzle

Text-based negotiations with the objective of reaching agreement on a text(s) of an international legal instrument(s) which will ensure the effective protection of genetic resources, traditional knowledge and traditional cultural expressions


The intellectual property and traditional knowledge puzzle

Challenges . . .

Diverse stakeholders, diverse objectives

International coherence: fragmentation of international norm-setting

Top-down or bottom up: minimal successful national experience

Legislative approach: interface with practical mechanisms

Participation: challenges to inclusivity


The intellectual property and traditional knowledge puzzle

Opportunities. . .

Historical opportunity: first developing country-led IP normative process

Cutting edge: fresh uses for age-old IP values and principles

Narrowing the trust-gap: growing confidence in the process

International comity: IP and mutual supportiveness


The intellectual property and traditional knowledge puzzle

Traditional knowledge: draft sui generis instrument

Traditional cultural expressions: draft sui generis instrument

Genetic resources: draft ‘objectives and principle’; textual proposals on a mandatory disclosure requirement; database proposals

http://www.wipo.int/tk/en/igc/index.html


The intellectual property and traditional knowledge puzzle

Traditional knowledge and traditional cultural expressions

What is “traditional” knowledge?Publicly available TK?

Who should the beneficiaries of protection be?

How should traditional knowledge be protected?

Exclusive right/right of prior and informed consent?


The intellectual property and traditional knowledge puzzle

Genetic resources

GRs are not intellectual property

Access and benefit-sharing regulated by the CBD, [Nagoya Protocol] and the FAO’s International Treaty

For intellectual property, two main issues:

‘defensive protection’ of GRs: prevention of erroneous patents: databases proposal (quality of patent examination issue)

proposed disclosure requirement: (CBD implementation issue)


The intellectual property and traditional knowledge puzzle

Suggested objectives….

  • Acknowledgement and benefit-sharing

  • Innovation

  • Robust public domain

  • Equitable access to benefits of innovation

  • Practical implementability


The intellectual property and traditional knowledge puzzle

Models worth looking at

Compensatory liability scheme (Reichman and Lewis, 2005)

FAO’s International Treaty on Plant Genetic Resources for Food and Agriculture

Pacific Model Law on Traditional Knowledge and Cultural Expressions

WHO Legal Framework for Sharing of Pathogens, 2011

Waitangi Tribunal Report 2011 (WAI 262 Report)(New Zealand)


The intellectual property and traditional knowledge puzzle

  • WIPO IGC has three sessions left before a decision on a Diplomatic Conference will be taken in September 2012

  • February 2012: genetic resources

  • April 2012: TK

  • July 2012: TCEs


The intellectual property and traditional knowledge puzzle

www.wipo.int/tk/en

Sign up for TK e-Newsletter and e-Updates: email [email protected]


  • Login