Intellectual Property and Traditional Knowledge Professor Jane - - PowerPoint PPT Presentation

Intellectual Property and Traditional Knowledge

Professor Jane Anderson New York University

• 1. What is Traditional Knowledge?

Tr

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

• r spiritual identity.

• 2. Who are Traditional Knowledge

Holders?

Traditional or Indigenous knowledge is held individually and collectively by a family, community or multiple communities who are the authorities, custodians, holders,

• wners and/or creators and have

responsibilities and obligations for access, transmission, circulation, and future use.

Image: Passamaquoddy Tribe of Indians. Photograph Donald Soctomah. www.passamaquoddypeople.org

• 3. Recognizing Indigenous

Peoples in International Law

1989 International Labor Organization Convention 169

• 1. 1957 International Labor

Organization Convention 107

• 2. 1989 International Labor

Organization Convention 169

Conventions concerning the Protection and Integration of Indigenous and Tribal and other semi- Tribal Populations in Independent Countries

• 4. Intellectual Property and

Traditional Knowledge

1967 Revision of Berne Convention in Stockholm

Inclusion of many more states post WWII Meetings between 1962-1967 in Africa and Asia on new category ‘folklore’ and traditional knowledge.

• Inclusion of Article 15(4) in Berne Convention (unknown authors)
• WIPO established
• Inclusion of Protocol Regarding Developing Countries

1975 Tunis Model Law for Developing Countries (WIPO + UNESCO) 1985 Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions (WIPO + UNESCO) 2000-2018 WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore

International v National Treatment

Nagoya Protocol On Access to Genetic Resources and the Fair and Equitable Sharing

• f Benefits Arising

from their Utilization to the Convention of Biological Diversity

Declaration on the Rights of Indigenous Peoples

National Treatment

Australia Peru Bolivia Fiji Vanuatu Panama New Zealand Phillipines United States Republic of Azerbeijan India South Africa Namibia

Equity, Ethics, Responsibility and Collaborative Stewardship

TK futures are about relationships How and where do principles of international law align with TK holders interests? Multiple strategies are needed

Thankyou Jane.anderson@nyu.edu Localcontexts.org