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Dr. Emanuela Arezzo Luiss Guido Carli University, Rome Earezzo@luiss.it

Traditional Knowledge and Intellectual Property: Looking at the Future Turin October 8th, 2007 The Role of TK in Shaping Future IP in a “Post-Colonial” World. Dr. Emanuela Arezzo Luiss Guido Carli University, Rome Earezzo@luiss.it. TK as a factor minimizing search costs;

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Dr. Emanuela Arezzo Luiss Guido Carli University, Rome Earezzo@luiss.it

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  1. TraditionalKnowledge andIntellectual Property:Looking at the FutureTurinOctober 8th, 2007The Role of TK in Shaping Future IPin a “Post-Colonial” World. Dr. Emanuela Arezzo Luiss Guido Carli University, Rome Earezzo@luiss.it

  2. TK as a factor minimizing search costs; TK as a factor that solves a market failure problem; TK as a positive externality. TK: why is so important?

  3. Environmental risks; Damage to DCs’ and LDC’s economy; Indigenous Communities cannot trade their resources and make a profit out of them; Indigenous Communities risk losing the ability to freely use their own tangible and intangible resources. Issues related to theunauthorized taking of TK

  4. TK and modern IP systems: an irreconcilable dichotomy?

  5. Concept of authorship/inventorship; Continuous flow of small scale innovation; Unfixed nature of TK; Alleged barriers to obtain patent protection

  6. Concept of authorship/inventorship; Continuous flow of small scale innovation; Unfixed nature of TK; Alleged barriers to obtain patent protection

  7. Concept of authorship/inventorship; Continuous flow of small scale innovation; Unfixed nature of TK; Alleged barriers to obtain patent protection

  8. Lack of novelty; Lack of inventiveness; Alleged barriers to obtain patent protection

  9. Ban to patentability of mere discoveries in Europe; Anticipation rule in U.S. patent law; Alleged difficulties to obtain patent protection

  10. Looking to TK through the lenses of modern IP systems

  11. Do Indigenous communities really want IP protection?

  12. Right to own, use and control the lands, territories and resources; Right to redress, even by means of restitution, for the lands, territories and resources which have been taken without prior informed consent; Duty upon States to redress through effective mechanisms with regard to intellectual property taken without prior informed consent. UN Declaration on the Rights of Indigenous People

  13. Art. 16.5 Biodiversity Convention: […] the Contracting Parties, recognizing that patents and other intellectual property rights may have an influence on the implementation of this convention, shall cooperate in this regard […] in order to ensure that such rights are supportive and do not run counter to its objectives.

  14. Concept of authorship/inventorship; Continuous flow of small scale innovation; Unfixed nature of TK; Lack of inventiveness; Lack of novelty Work for hire doctrine; Cumulative nature of innovation; Easily solvable; But see recent patentability trends which grants protection with very low originality.

  15. Should patent law be radically altered to embrace the need to ICs? It is not appropriate and there is no need for that but some adjustments may just suffice: Disclosure of origin in patent application; Pre-use in favor of indigenous communities. Patent law adjustments

  16. Misappropriation regime framed as a negative entitlement

  17. Preservation of Indigenous traditions and customs; Preservation and facilitation of access by foreign researchers through prior consent; Smooth coexistence with patent system; Protection also against whole sale reproduction; Positive features

  18. Ad hoc statute and not simply refer to local misappropriation regimes. Risks to avoid

  19. Thanks a lot for your attention Dr. Emanuela Arezzo earezzo@luiss.it

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