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1. WIPO Roundtable on IP &
Traditional Knowledge
Geneva, November 1-2, 1999
Protection of
Traditional Knowledge:
A Global IP Issue
Presenter: Richard Owens, Director
Global Intellectual Property Issues Division

2. Overview of the GIPID
Program: 1998-2001
 IPR's for New Beneficiaries: the
Protection of Traditional Knowledge,
Innovations & Creativity
 Biodiversity & Biotechnology
 Protection of Expressions of Folklore
 Intellectual Property & Development

3. Traditional Knowledge and
Intellectual Property
What is Traditional Knowledge (TK) ?
Customary Protection of TK
Problems Confronting TK Holders
Why is Protection of TK Important ?
Intellectual Property and TK - WIPO’s
Response

4. What is Traditional
Knowledge?
Collective
responsibility &
ownership
Transmitted
orally across
generations
Medicinal, Agricultural
& Ecological Knowledge
Music & Dance,
Stories & Poetry
Spiritual Expression
Artesanat
(Handicrafts)
Constantly evolving

5. TK: A Multi-Faceted Concept
Tradition-
based
Creations
Spiritual &
Religious Beliefs
Aesthetics
(Art,
Entertainment)
Education
history, traditions, ethics
Cultural
Identity
Practical
Knowledge
Oral Tradition
Emphasis on
Community

6. Protecting TK: What are
the Benefits
Increases
opportunities for
socio-economic
development
Provides rights for TK
holders
Preserves
knowledge base
of communities
Creates added
value for
humankind
Provides
opportunities for
sharing benefits
of TK
Enables
participation in
global markets

7. Customary Protection of TK
 Monitored & enforced by elders, spiritual
and religious leaders
 Informal regimes govern the use &
transmission of TK at community level through
rules, rights & obligations
 Customary law results from repeated
practices

8. IP Protection of TK
Traditional Knowledge is contemporary: a
continuing response by individuals and communities
to challenges posed by their environment
Documentation &
preservation of TK
Promote & disseminate
creativity & innovation
IP Protection

9. The Challenge …..
IP mechanisms do
not cover non-
systematic,
undocumented
knowledge
Customary law is
not applicable
outside the
community

10. Problems Confronting
TK Holders
 Rejection of tradition by new generation and
encroachment of modern lifestyles
 “Modern” science may deem traditional
knowledge inferior
 Dilution of traditional knowledge and practices
through acculturation and diffusion
 Commercial exploitation by “others”, e.g.
bioprospecting, use of indigenous designs

11. …. in search of a model
Need to find common ground
IP system
Traditional
Knowledge
A global assessment of needs & expectations of
TK holders

12. WIPO’s Response
 Roundtable on IP & indigenous peoples (1998)
 9 FFMs on TK, innovations & creativity
 Panel discussion on IP & human rights (1998)
 4 regional consultations on protection of folklore
 Roundtable on IP and TK (1999)
 Participation in international processes: CBD, FAO,
UNESCO, etc.
 Cooperation with IGOs & NGOs
 Integration into WIPO’s development for
cooperation activities

13. WIPO Fact-Finding Missions
North America
South America
Central
America
Caribbean
Countries
South Asia
South Pacific
Arab Countries
West Africa Southern &
Eastern Africa

14. 9 Fact Finding Missions
… TO EXPLORE/IDENTIFY IP
NEEDS/EXPECTATIONS OF TK
HOLDERS
… TO STUDY CURRENT APPROACHES &
FUTURE POSSIBILITIES FOR
PROTECTION OF TK
FINDINGS REPATRIATED
TO TK HOLDERS

15. WIPO FFM Findings
Common to all countries
TK systems are frameworks for
continuing creativity & innovation
TK is a
constantly
renewed
source of
wealth
All branches of IP law
are relevant to TK

16. Regional Consultations: Protection
of Expressions of Folklore
Recommendations: expansion of WIPO
workplan (nat’l, regional & int’l activities):
A) Legal/Technical assistance
B) Training in folklore documentation
C) Financial support for nat’l & regional institutions
D) Work toward effective international regime to
protect expressions of folklore
Africa:
March ‘99
Asia-Pacific:
April ‘99
LAC:
June ‘99
Arab Region:
May ‘99

17. Expanding relevance of the
IP System to TK Holders
Global Information
Society
Increasing cultural &
economic value of TK
Growing relevance of IPRs

18. … future work
ISSUES/NEEDS
IDENTIFICATION
ADDRESSING
CONCEPTUAL PROBLEMS;
TESTING PRACTICAL
SOLUTIONS
2000-2001 PROGRAM:
a) case studies on use of IP system to protect TK
b) study on customary law governing TK in relation to formal IP
systems
c) information exchange on IP implications of TK
documentation
d) increased training and awareness-raising worldwide for TK
stakeholders

19. WIPO Roundtable on IP &
Traditional Knowledge
Geneva, November 1-2, 1999
Protection of
Traditional Knowledge:
A Global IP Issue
Presenter: Richard Owens, Director
Global Intellectual Property Issues Division