Traditional Knowledge and Genetic Resources
From A2K Wiki
Contents |
Panelists
Speakers
- Graham Dutfield - Herchel Smith Senior Research Fellow in Intellectual Property Law Queen Mary, University of London
- Abena Dove Osseo-Asare - Assistant Professor, Department of History, UC Berkeley
- Elpidio Peria - Associate, Third World Network (TWN) - Philippines
- Antony Taubman - Head, Global Issues Division, World Intellectual Property Organisation (WIPO)
Moderator
- Anupam Chander - Professor of Law, University of California, Davis
A2K2 Conference Organizer
- Sarah Faulkner - Student, Yale Law School
Panel Description
Many developing countries are rich in traditional knowledge and genetic resources. These resources have been explored, collected and exploited by institutions and multi-national corporations from developed countries with little to no compensation to the original knowledge holders and local communities. Furthermore, there have been cases where intellectual property rights in the product have prevented original knowledge holders from having access to the resulting technologies.
Since the adoption of the Convention on Biological Diversity in 1992, national governments as well as international coalitions have sought to develop an effective response to these issues. Many developing countries have passed domestic legislation consistent with the CBD framework in an effort to prevent misappropriation, regulate access to their genetic resources, ensure equitable sharing of benefits and protect traditional knowledge. This panel hopes to conduct a holistic examination of popular modes of protection, such as Access and Benefit Sharing agreements, as well as debate the feasibility of alternative models.
The panel will first explore the rationales and objectives for protection of traditional knowledge and genetic resources. What goals should a protection scheme serve? Will protection be used as a tool to extract value from these resources, or rather as a tool to preserve them? While some advocates argue that any protection scheme should ultimately serve the goal of equity, others focus on conservation of biodiversity and preservation of local culture. What role should local communities play in determining these goals?
Next the panel will discuss the possible mechanisms to achieve these goals. Currently, much national legislation conforms to a property model where control over access to and use of genetic resources, and in some cases traditional knowledge, is retained by an owner who then negotiates licenses by contract. Is the property-contract model employed by most Access and Benefit Sharing agreements the most appropriate means to achieve the goals of a traditional knowledge and genetic resources regime? Or might a more flexible and creative sui generis system be more responsive and efficient? If so, what qualities would such a regime have, and to what extent should local customary law play a role?
Finally, we hope to touch on the tension between “positive” legal protection of TK and the ideals of the Access to Knowledge movement. Positive rights for traditional knowledge holders clearly confer needed legal legitimacy and control over TK. Yet some critics argue that such a regime represents the harmful foray of IPRs into yet another body of knowledge which will be heedlessly removed from the public domain. Is this knowledge in the public domain now? Should it be? What values are stake in this discussion, and do any of the policy options offer potential means of reconciliation?
Speaker Presentation Slides
Elpidio V. Peria
Remote Questions for the Panelists
Notes
Resources and papers
Articles
--Elipidio V. Peria, Sui Generis What?: An Overview of Philippine Initiatives and Policy on the Sui Generis Protection of Traditional Knowledge and Biological Resources Media:SUIGENERISPaper.pdf
--Erica-Irene A. Daes, United Nations Economic and Social Council, Indigenous peoples’ permanent sovereignty over natural resources Media:Prevention_Discrimination_Indigenous.pdf
--Graham Dutfield, Promoting Local Innovation as a Development Strategy. Innovations Case Discussion: The Honey Bee Network (2006). Media:Promoting_Local_Innovation.pdf
-- Antony Taubman, Saving the village: Conserving jurisprudential diversity in the international protection of traditional knowledge (2004). Media:Saving_the_village_proof-1.pdf
-- WIPO Document on The Protection of Traditional Knowledge: Draft Objectives and Principles Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Tenth Session, Geneva, November 30 to December 8, 2006 Media:wipo_grtkf_ic_10_5-1.pdf
-- Graham Dutfield, Protecting Traditional Knowledge: Pathways to the Future (2006)
http://www.iprsonline.org/unctadictsd/docs/Graham%20final.pdf
-- Carlos M. Correa, Traditional Knowledge and Intellectual Property: Issues and Options Surrounding the Protection of Traditional Knowledge (2001) http://homepages.3-c.coop/tansey/pdfs/tk-colourfinal.pdf
-- Abena Dove Osseo-Asare, Ph.D., ‘Killing the Intellectual Properties’: Managers of BioData in Africa (2006) http://echo.gmu.edu/working/content/vault/Osseo-Asare%204S%20working%20paper%202006_d91c801791.pdf
-- Commission on Intellectual Property Rights, Integrating Intellectual Property Rights and Development Policy (2002) http://www.iprcommission.org/graphic/documents/final_report.htm
Books
Web Resources
http://www.biodiv.org/programmes/socio-eco/benefit/default.asp
The Convention on Biological Diversity's website for Access to Genetic Resources and Benefit-sharing. Contains Conference of Parties (COP) Decisions, case studies, thematic reports, databases and lots of other information relevant to traditional knowledge and genetic resources.
The World Intellectual Propery Organization website for Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions/Folklore contains WIPO proposals and working documents as well as a database of access and benefit sharing agreements for genetic resources.
Internet portal on Intellectual Property Rights (IPRs) and Sustainable Development. Contains many news stories, working documents, and a calendar of events related to traditional knowledge and genetic resources.
http://www.twnside.org.sg/access.htm
Regular updates on developments in the Biodiversity Convention, policies and laws on ABS agreements, indigenous knowledge and community rights, plant and life patenting practices, biopiracy policy and more.
