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WIPO Roundtable on IP & Traditional Knowledge

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. Overview of the GIPID Program: 1998-2001.

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WIPO Roundtable on IP & Traditional Knowledge

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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) ? Why is Protection of TK Important ? Customary Protection of TK Problems Confronting TK Holders Intellectual Property and TK - WIPO’s Response

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

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

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

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

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

  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 • Dilution of traditional knowledge and practices through acculturation and diffusion • “Modern” science may deem traditional knowledge inferior • Commercial exploitation by “others”, e.g. bioprospecting, use of indigenous designs

  11. …. in search of a model Need to find common ground TraditionalKnowledge IP system 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 Arab Countries Caribbean Countries Central America South Asia South Pacific South America Southern & Eastern Africa West 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. 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 WIPO FFM Findings Common to all countries

  16. Regional Consultations: Protection of Expressions of Folklore Africa: March ‘99 Asia-Pacific:April ‘99 Arab Region:May ‘99 LAC:June ‘99 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

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

  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 TKb) study on customary law governing TK in relation to formal IP systemsc) information exchange on IP implications of TK documentationd) 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

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