What is traditional knowledge in intellectual property?
Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.
What is traditional knowledge and how can it be protected?
When community members innovate within the traditional knowledge framework, they may use the patent system to protect their innovations. However, traditional knowledge as such – knowledge that has ancient roots and is often informal and oral – is not protected by conventional intellectual property systems.
What does the protection of traditional knowledge and traditional cultural expressions mean?
42 explicitly states the right of indigenous people to “maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.” The declaration also advocates for inclusion of the indigenous people in the policy- making process.
How important is traditional knowledge?
Traditional knowledge is rooted in Indigenous lifeways and relationships with the environment and is valuable not only to Indigenous Peoples, but to all societies. It must be protected and supported and emphasis must be placed in transmitting Indigenous knowledge to future generations.
Is indigenous knowledge and intellectual property?
Indigenous Knowledge has been discussed globally for at least ten years at the World Intellectual Property Organization (WIPO). Finally, WIPO member states agreed that indigenous knowledge is important and should therefore be valued, recognized and protected.
What is an example of traditional knowledge?
Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others.
How many types of traditional knowledge are there?
In 2001, the Government of India set up the Traditional Knowledge Digital Library (TKDL) as repository of 1200 formulations of various systems of Indian medicine, such as Ayurveda, Unani and Siddha and 1500 Yoga postures (asanas), translated into five languages — English, German, French, Spanish and Japanese.
Why is it important to protect traditional knowledge?
Need to protect traditional knowledge have increased with changing time, especially in order to stop unauthorized and commercial misuse of such knowledge. It is important to protect the indigenous people from such loss and also help them to preserve such ancient practices.
Why should we protect traditional knowledge?
Why Traditional Knowledge must be protected? Need to protect traditional knowledge have increased with changing time, especially in order to stop unauthorized and commercial misuse of such knowledge. It is important to protect the indigenous people from such loss and also help them to preserve such ancient practices.
What are the advantages of indigenous knowledge?
Indigenous knowledge can help to meet the broader objectives of society, for instance conserving the environment, developing sustainable agriculture and ensuring food security, while its protection encourages the maintenance of traditional practices and lifestyles.
How can we protect indigenous knowledge?
Using this model, the protection of indigenous knowledge is achieved through: the recognition of collec- tive land rights; the strengthening of community management of natural resources, biodiversity and knowledge based on customary laws and institutions; strength- ening of cultural and spiritual values; and …
What is the importance of indigenous knowledge?
Indigenous knowledge is the basis for local level decision-making in food security, human and animal health, education, NRM, and other vital economic and social activities.
What are the traditional system of knowledge and practice?
Traditional knowledge refers to: knowledge or practices passed down from generation to generation that form part of the traditions or heritage of Indigenous communities. knowledge or practice for which Indigenous communities act as the guardians or custodians.
What are the traditional system of knowledge and practices?
How can we protect traditional knowledge?
How to Protect Traditional Knowledge? There are methods through which TK can be protected: a) Positive Protection, and b) Defensive Mechanism. Positive protection means protecting TK by way of enacting laws, rules and regulations, access and benefit sharing provisions, royalties etc.
What is the meaning of traditional knowledge?
What is the disadvantage of indigenous knowledge?
Remoteness and geographical isolation.
What are examples of indigenous knowledge?
Indigenous knowledge systems (IKS) comprises knowledge developed within indigenous societies, independent of, and prior to, the advent of the modern scientific knowledge system (MSKS). Examples of IKS such as Ayurveda from India and Acupuncture from China are well known.
Why do we need to protect indigenous knowledge?
How is indigenous knowledge beneficial to society?
For rural and indigenous peoples, local knowledge informs decision-making about fundamental aspects of day-to-day life. This knowledge is integral to a cultural complex that also encompasses language, systems of classification, resource use practices, social interactions, ritual and spirituality.
Traditional cultural expressions can sometimes be protected by existing systems, such as copyright and related rights, geographical indications, appellations of origin, trademarks and certification marks.
In what instances can you apply knowledge in intellectual property?
Intellectual property examples of copyrights are:
- literary works.
- music.
- dramatic works.
- pantomimes and choreographic works.
- sculptural.
- pictorial, and graphic works.
- sound recordings.
- artistic works.
What is the importance of traditional knowledge?
The transmission of traditional knowledge across generations is fundamental to protecting and promoting indigenous peoples’ cultures and identities and as well as the sustainability of livelihoods, resilience to human-made and natural disasters, and sustaining culturally appropriate economic development.
Why do we need to protect traditional knowledge and traditional culture?
In summary, the main purpose for the protection of traditional knowledge is to guard against misappropriation and misuse, especially by third parties, preservation of genetic resources and cultural goods, and protection against unfair competition. This will in turn ensure access as well as benefit sharing.
What is intellectual property and its examples?
Examples of intellectual property include an author’s copyright on a book or article, a distinctive logo design representing a soft drink company and its products, unique design elements of a web site, or a patent on a particular process to, for example, manufacture chewing gum.
Why are traditional knowledge and intellectual property important?
Traditional Knowledge and Intellectual Property Traditional knowledge is not so-called because of its antiquity. It is a living body of knowledge that is developed, sustained and passed on from ge- neration to generation within a community, often forming part of its cultural or spiritual identity.
Why do indigenous people need protection from intellectual property?
These are the kinds of examples that indigenous and other traditional and cultural communities cite when arguing that traditional creativity and cultural expressions require greater protection in relation to intellectual property (IP).
Why do we need an international intellectual property system?
Because the existing international intellectual property system does not fully protect traditional knowledge and traditional cultural expressions, many communities and governments have called for an international legal instrument providing sui generis protection.
When did the idea of intellectual property come about?
Traditional Knowledge and Intellectual Property – Background Brief The current international system for protecting intellectual property was fashioned during the age of industrialization in the West and developed subsequently in line with the perceived needs of technologically advanced societies.