Traditional Knowledge

The role of intellectual property (IP) systems in relation to traditional knowledge (TK), and how to preserve, protect and equitably make use of TK, has recently received increasing attention in a range of international policy discussions. These address matters as diverse as food and agriculture, the environment, notably the conservation of biological diversity, health, including traditional medicines, human rights and Indigenous issues and aspects of trade and economic development.

While the policy issues concerning TK are broad and diverse, the IP issues break down into two key themes:

• Defensive protection of TK, or measures which ensure that IP rights over TK are not given to parties other than the customary TK holders. These measures have included the amendment of WIPO-administered patent systems (the International Patent Classification system and the Patent Cooperation Treaty Minimum Documentation). Some countries and communities are also developing TK databases that may be used as evidence of prior art to defeat a claim to a patent on such TK; and
• Positive protection of TK, or the creation of positive rights in TK that empower TK holders to protect and promote their TK. In some countries, sui generis legislation has been developed specifically to address the positive protection of TK. Providers and users may also enter into contractual agreements and/or use existing IP systems of protection.