PROTECTING TRADITIONAL KNOWLEDGE AMID DIFFUSE(D) KNOWLEGDE: A NEW TASK FOR ABS REGIMES?

1. PROTECTING TRADITIONAL KNOWLEDGE AMID DIFFUSE(D) KNOWLEGDE: A NEW TASK FOR ABS REGIMES? Dr. Evanson Chege Kamau, University of Bremen

2. PROTECTING AND REWARDING TK? • PROTECTING • REWARDING

3. PROTECTING AND REWARDING TK? • SHOULD TK BE PROTECTED AND REWARDED? • YES • WHY PROTECT TK?

4. JUSTIFICATIONS • TK-SPECIFIC (mostly quoted); inter alia: • Encompasses vital information and know-how • A vital lead for many conventional industrial products • Helps to sustain the livelihoods of80% of the world’s population • Abate free-riding (unfair and unjust appropriation) • Stop monopolization of benefits from TK by a few

5. JUSTIFICATIONS • NOVEL (based on TK´s dynamism): • TK has an ongoing role in the dev. of science • Mondia Tonic • Mosquito Repellent • Aloe Body Products • TK has a future role in the dev. of science • Research in progress – in search of the next malaria wonderdrug • Co-op. between traditional healers and plant chemists

6. WHY ALLOW PROTECTION OF CONVENTIONAL INVENTION AND NOT TK? • ENCOURAGE INVENTION (incentive-to-invent theory) • ENCOURAGE DISCLOSURE (incentive-to-disclose theory) • ENCOURAGE INNOVATION (incentive-to-innovate theory)

7. DO IPRs JUSTIFICATIONS APPLY TO TK? • YES • WHY? • TK also fulfils goals intended by conventional IPP (naturally): • Invention • Disclosure • Innovation • SUFFICIENT QUALIFYING JUSTIFICATIONS

8. EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – A HARD TASK? • NO EASY TASK FOR ABS REGIMES • ONE HURDLE FOR ABS: • “Diffuse(d) (Traditional) Knowledge” • “Traditional knowledge held privately by individuals who are isolated or estranged from indigenous and local communities” • Is DTK really a hurdle to effective protection of TK and benefit sharing? • Yes

9. EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – A HARD TASK • IDENTIFIABLE BLOCKS OF TK TRAD. KNOWL. IK LWD WWD

10. EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – A HARD TASK • RIGHTS – WIDER SPECTRUM WWD IK LWD INDIG./LOC. COMMS

11. EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – THE TASK • NARROW SPECTRUM USER IK DIFFUSE(D) KNOWL.

12. HURDLE TO HURDLES: IDENTIFIABLE HURDLES • FREE-RIDING: • Unjust • Unfair • UNDERCUTTING • EASY ACCESS – LOOSE DISSEMINATION POINT OR CHANNEL (ALSO GR) • WEAKEN PIC SYSTEM

13. HURDLE TO HURDLES: IDENTIFIABLE HURDLES • HINDER DISCLOSURE • HINDER INNOVATION • THREATEN EXISTENCE OF TK • MAKE PRACTICE LESS LUCRATIVE • REPUTATION OF TK • ETC.

14. PROPOSED ANTIDOTES • FUNDS • PIC FOR LOCAL INSTITUTIONS AND INDUSTRIES • I & LC: CO-PARTIES IN CONTRACTS • TK INVENTORY – DATABASES • CATEGORIZATION/CLASSIFICATION OF TK • IPA: DISCLOSURE OF SOURCE • IPA: PIC

15. PROPOSED ANTIDOTES • IPA: DOCTRINE OF NOVELTY • IPA: IMMUNITIES • IPA: PROTECTION OF NEW HERBAL FORMULATIONS • STANDARDS OF EFFICACY • REGISTRATION OF HERBAL MED. PRACTICE • CoCs FOR BASIC RESEARCHERS

16. PROPOSED ANTIDOTES • I & LC: CO-AUTHORS IN PUBLICATIONS CONTAINING INFORMATION PROVIDED BY THEM • DEFINITIONS OF TK

17. Thank You for ListeningDanke

18. Questions and Discussion