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Any system of protection, however, is an instrument for achieving certain objectives. View Patent filing anf protection of traditional knowledge.pdf from BIO 123 at Central University of Punjab, Bathinda. On one level, traditional knowledge plays an important role in the economic and social organization of those countries, and placing value on such Key Terms and Concepts colonization cultural bias living knowledge traditional knowledge (also known as Indigenous knowledge, traditional ecological knowledge) western scientific knowledge 3. Many of these traditional knowledge systems are passed down orally . The first protective paradigm seeks to prevent others from using or securing intellectual property rights over traditional knowledge. . What it requires is that the knowledge holders live traditional lifestyles to some extent or live in a traditional context and that they pass on their knowledge from generation to generation. The literature on traditional knowledge acknowledges that an individual can own knowledge, not merely as trustee on behalf of others, but outright. digenous peoples' rights over traditional knowledge are now increas-ingly focusing on the development of alternative or sui generis rights regimes. Course Outcomes : At the end of the Course, Student will be able to: COB 1: Identify the concept of Traditional knowledge and its importance. The International Council for Science (ICSU) define traditional knowledge as: A cumulative body of knowledge, know-how, practices and representations maintained and developed by peoples with extended histories of interaction with the natural environment. Traditional Cultural Expressions 2 Commencement This Act commences on [Enacting country to complete]. The protection of TK has become a hot topic' though there is not much knowledge about it and there is no sound protecting mechanism in Sri Lanka. In contrast, "The Protection of Traditional Knowledge and Expressions of Culture Act 2001" by . TK in a broad sense can include knowledge related to agriculture, ecology, medicine and expression of folklore. 3 Application (1) This Act applies to traditional knowledge and expressions of culture that: A sui generis system of protection, based on IP principles as adapted, would make it possible to accommodate the peculiarities of traditional knowledge systems and ensure that the custodians of such knowledge are able to manage and exploit it in line with customary practice. Efforts of this sort include: 23 2.5 Intellectual Property in Traditional Societies 23 2.6 Authorship in Traditional Societies 24 2.7 The Stakes Involved 25 2.8 Defensive and Positive Protection 27 3. By extension this would apply to innovations and practices. protection of traditional knowledge are raised by this organisation in the context of traditional and complementary medicine, as well as public health. The Model Law mirrors this. On the other hand, this article also suggests that that forcing the prevailing Western intellectual property rights upon developing countries without respecting Traditional Knowledge and Environmental Conservation among Indigenous People in Ranau, Sabah . [2] TK is "developed from experience gained over the centuries" and is passed down "from generation to generation.". There has been a lot of debate to protect traditional knowledge under IP regime but that in itself faces a lot of challenges. We therefore propose the following definition of Traditional Knowledge Protection: Full recognition and protection of rights of indigenous peoples and local communities to own and control their bio-cultural heritage, including to conserve it protection of traditional knowledge is an emerging field, since intellectual property is not only about property, it is also about recognition of and respect for contributions of identifiable human creators.Intellectual property has a very important role to play in protecting the dignity of holder Introduction Chapter 1 described the extent to which the Convention on Biological Diversity (CBD) and the Nagoya Protocol laid down new rules concerning access and benefit sharing (ABS) over, inter alia, TK associated with genetic resources. support projects and institutions working to improve research and protection of the San's traditional knowledge and heritage. This chapter examines the processes and principles that have steered the elaboration of a sui generis system for the protection of the TK of indigenous peoples in recent years. Traditional knowledge is important to the integrity of a community. [3] TK is collectively owned and takes the form of "cultural values . versity depend on the preservation and protection of traditional knowledge relat-ing to biodiversity. The Swakopmund Protocol has since been ratified by some member states and remains a unique African initiative for the protection of TK. With regard to TK related to genetic resources, the introduction of procedural safeguards into the patent application procedure would provide an effective model of protection. Although the United States has not acted to provide general protection for indigenous peoples' traditional knowledge, it has sometimes adopted narrow statutes in response to Native Americans' attempts to regain self-governance and to control the use of their traditional knowledge by non-community members. This Act may be cited as the Protection of Traditional Knowledge and Expressions of Culture Act [Enacting country to insert year of enactment]. Protection of traditional knowledge in Indian patent will not only prevent exploitation of traditional knowledge, but will also help record these knowledge banks. Traditional Knowledge and its 'Opposites' 22 2.4 Old and Fossilised, or New and Dynamic? Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge . Property and Genetic Resources, Traditional Knowledge and Folklore - September 19 to September 23, 2016 450/1104 DYE/abs 08.09.2016 PROTECTING TRADITIONAL KNOWLEDGE . Halim, Jayum A. Jawan, Sri Rahayu Ismail, Normala Othman & Mohd Hadzrul Masnin. Other key components of traditional knowledge are the music, dance, and "artisanat" (i.e. Proposals for Protecting Traditional Knowledge and Folklore . A part of this knowledge is recorded in local languages and a major portion The Protection of Traditional Knowledge Including Expressions of Folklore 5. Developing effective sui generis systems for the protection of traditional knowledge, that conform with the obligation to respect, preserve and maintain knowledge, innovations and practices, requires a recognition of the holistic character of traditional knowledge systems and Competent National Authorities (CNAs): CNAs within providing countries . such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations. Indigenous peoples and rural communities have developed an intimate knowledge of the use and functioning of biological and natural resources over centuries of close dependence on these resources. Traditional knowledge systems in the fields of medicine and healing, biodiversity conservation, the enviromnent and food and agriculture are well known. the protection of TK against misuse and misappropriation. that gIs can protect traditional knowledge and biocultural heritage. 186 Justifying Intellectual Property in Traditional Knowledge of higher goods, and that perhaps extending to traditional and indigenously derived products.2 The matter of protecting traditional knowledge (TK) also came up indirectly through statements seeking to formalise links between the Agreement on Trade-related Aspects The industrial boom after the World Wars has highlighted the importance of the so-called intellectual knowledge. [5] Therefore, the need to protect becomes a duty for 'others' to perform. 2.1 Definition of Traditional Knowledge 15 2.2 Different Dimensions of Traditional Knowledge and Their Uses 17 2.2.1 Traditional Knowledge on Agriculture 18 2.2.2 Traditional Knowledge on Medicine 18 2.2.3 Traditional Cultural Expressions 20 2.3 Economic Importance of Traditional Knowledge 21 2.4 Argument for Protecting Traditional Knowledge 22 Protocol on the Protection of Traditional Knowledge and Expressions of Folklore within the framework of ARIPO in 20108. This paper examines the vulnerability of Traditional Knowledge and how the IP laws have strived to protect it. On that score, protection of traditional knowledge indirectly serves the public interest in the development of new pharmaceutical products. Traditional Knowledge is protected under Biodiversity Act and there are certain cases. traditional knowledge.2 This is a challenging task, especially since the discus-sion about traditional knowledge has not advanced significantly over the past ten years. Define traditional knowledge 2. This traditional knowledge (TK) is vital for . 16 of 2016 GOVERNMENT OF ZAMBIA ACT No. University Putra Malaysia, Serdang, Selangor, Malaysia. This work assesses some of the ways in which TK related to genetic resources is protected. Title: Protection of traditional knowledge as intellectual property: With special reference to India: Researcher: Lukose, Lisa P: Guide(s): Joseph, George The relationship between indigenous/traditional knowledge and intellectual property law is a complicated contemporary legal problem. Patent : A brief history Law and Regulations The Patents (Amendments) Act The protection of traditional knowledge should aim to: Recognize value (i) recognize the [holistic] [distinctive] nature of traditional knowledge and its intrinsic value, including its social, spiritual, [economic], intellectual, scientific, ecological, technological, [commercial], educational and cultural Questions around indigenous knowledge protection present issues unlike any other that intel-lectual property law has had to consider. HUMAN RIGHTS PROTECTION OF TRADITIONAL KNOWLEDGE. It also proposes that, rather than Intellectual Property (IP), the framework of a 'knowledge commons' for just sharing of TK and its innovations may be a better option. A possible solution example can be examined at initiatives such as the Traditional Knowledge Digital Library, which aims at documenting traditional medical literature on ancient Indian therapeutic practices. 16 of 2016 Date of Assent: 6th June, 2016 An Act to provide for a transparent legal framework for the protection of, access to, and use of, traditional knowledge, genetic resources and expressions of folklore, which also guarantees equitable sharing of benefits and . It has been preserved and passed on from one generation to another and has been the spiritual and cultural identity of that community. Traditional medicine is a medicine that is opposed to allopathic (conventional, Western) medicine. Section 3(p) of Indian Patents Act, 1970 says that "traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components" should not be allowed to get a Patent. interested parties are left to assume that for traditional knowledge to qualify for protection, it must comply with the conventional requirements of intellectual property laid out in the TRIPS agreement. Innovations based on Traditional Knowledge benefit from the protection of patent, trademark and geographical indication. designs, Innovations based on Traditional Knowledge benefit from the protection of patent, trademark and geographical indication. WIPO has become actively involved in the protection of traditional knowledge. "Traditional knowledge or 'local knowledge' is a record of human achievement in comprehending the complexities of life and survival in often unfriendly environments. TMK is knowledge worthy of protection, however the pertinent question which this thesis . Traditional Knowledge is existing knowledge and not "inventions" and hence its patenting should be prevented. In 2000 it created the Intergovernmental Committee on In-tellectual Property, Genetic Resources, Traditional Knowledge and Further traditional knowledge is developed over traditional This determines that WHO's attention is focused specifically on traditional medical knowledge, By Adlina Ab. Traditional knowledge, which may be technical, social, organizational, or cultural was obtained as part of the great human experiment of survival and development." Two protective paradigms have been employed to protect traditional knowledge using intellectual property tools. Traditional knowledge. Legal Protection for Traditional Knowledge calls attention to the vital contributions that aboriginal knowledge makes to global development and how the legal systems in place, particularly in India, must change to protect this knowledge.This book is a must-read for researchers in economics, development studies, and international law. 5 collectively and cumulatively. on traditional knowledge include agricultural and non-wood forest products as well as handicrafts. knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. Describe the physical and social contexts in which traditional knowledge develop 3. This debate occurs mainly between developing states and developed states with The protection of traditional knowledge is important for communities in all countries, particularly perhaps in developing and least developed countries. consequences of lack of protection of traditional knowledge and the possible ways to protect it. Therefore, a fundamental question, before considering how TK may be protected, is to define why it should be. Traditional Cultural Expressions any form, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear or are manifested. introduced an obligation to seek prior informed consent for the use of any traditional knowledge and ensure benefit-sharing, the existing IPR system does not have the requirement for benefit-sharing. For example, some communities have created . Member states of the World Intellectual Property Organization have been conducting formal negotiations for ten years in an effort to establish international legal instruments aimed at protecting intellectual property, genetic resources, traditional knowledge and traditional cultural expressions. Firstly, the protection and promotion of traditional knowledge can enhance the willingness of indigenous communities to constructively cooperate with the researching pharmaceutical companies. This may require a new internationally recognised intellectual property right - or an equivalent measure. PROTECTION OF TRADITIONAL KNOWLEDGE . Recognition of collective rights does not imply loss of individual rights. traditional knowledge is urgent. After consideration of challenges and threats to TK that need to be addressed through a protection system, initiatives for the protection of TK in national and international frameworks are. Preservation and protection of traditional knowledge - diverse documentation initiatives across the globe R. Lakshmi Poorna*, M. Mymoon and A. Hariharan Traditional knowledge (TK) is the knowledge that an indigenous community accumulates over generations of living. Traditional knowledge is viewed as a common resource, and thus, its protection is our common duty which is also very conveniently ignored by individual conscience. The protection of Traditional Knowledge as an autonomous Intellectual Property right is only now becoming a reality around a globe and particularly in the African Continent. Download chapter PDF The paper would also focus on the fact that how existing IPR laws in India are not sufficient in ensuring the protection of traditional knowledge, hence the enactment of a separate legislation for protecting traditional knowledge is essential. Protection of traditional knowledge is rooted in the problem of Bio-piracy. Article 7 of the Protocol requires that access Protection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No.

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