'Local Communities' and Traditional Knowledge at WIPO: A Very Broad Application?

40(8) European Intellectual Property Review, pp 485-489 (2018)

Griffith University Law School Research Paper No. 21-9

14 Pages Posted: 9 Mar 2021 Last revised: 15 Mar 2021

See all articles by Todd Berry

Todd Berry

Monash University - Faculty of Law; Griffith University - Griffith Law School

Charles Lawson

Griffith University - Griffith Law School

Date Written: February 2, 2018

Abstract

The World Intellectual Property Organisation’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is negotiating a text in anticipation of a Diplomatic Conference to agree on binding obligations for traditional knowledge (TK). The holders of this TK are Indigenous Peoples and “local communities”. This article addresses the identity of local communities in the context of TK. The analysis shows that “local communities” are likely to be very broadly conceived as grouping of people linked by social ties and shared common perspectives across generations in some form of geographical location or setting. If this is intended, then TK as a new form of intellectual property will have a very broad application and a very exciting future for practitioners that extends TK well into the economies of developed countries.

Keywords: Traditional knowledge, local communities, WIPO, IGC

JEL Classification: K33, K39

Suggested Citation

Berry, Todd and Lawson, Charles, 'Local Communities' and Traditional Knowledge at WIPO: A Very Broad Application? (February 2, 2018). 40(8) European Intellectual Property Review, pp 485-489 (2018), Griffith University Law School Research Paper No. 21-9, Available at SSRN: https://ssrn.com/abstract=3588130 or http://dx.doi.org/10.2139/ssrn.3588130

Todd Berry

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

Griffith University - Griffith Law School ( email )

Nathan Campus, GU
Nathan 4111
Australia

Charles Lawson (Contact Author)

Griffith University - Griffith Law School ( email )

Gold Coast Campus, GU
Gold Coast 4222
Australia

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