Traditional Knowledge and the International Context for Protection
Queen Mary University of London - School of Law
SCRIPT-ed, Vol. 1, No. 1, March 2004
This paper traces the relationship between traditional knowledge and biodiversity and examines the current discussions towards achieving such protection through the international intellectual property system. This paper will concentrate on the particular cultural and legal problems associated with the protection of indigenous intellectual property, specifically in terms of medicinal and agricultural knowledge and the impact of the Trade Related Aspects of Intellectual Property Rights Agreement and the Convention on Biological Diversity. The apparently conflicting relationship between these two international instruments will be addressed. In reviewing attempts to acknowledge the role of indigenous and traditional communities in the management and sustainable development of biological resources, this paper argues for authority and capacity with respect to resources to vest in the community. This is maintained in recognition of the significance of this relationship of community to its resources, to the facilitation of community development through appropriate assurance of traditional resource relationships, within an international legal system of obligations towards biological and cultural diversity.
Number of Pages in PDF File: 25
Keywords: Information Technology Law, Intellectual Property, Traditional Knowledge
JEL Classification: k00
Date posted: May 27, 2008