The World Trade Organization, the TRIPS Agreement and Traditional Knowledge
Draft published in Matthew Rimmer (ed), Indigenous Intellectual Property: A Handbook of Contemporary Research (Edward Elgar, UK, 2015) 64-82.
17 Pages Posted: 28 Dec 2017
Date Written: March 31, 2013
This chapter addresses the role of the World Trade Organization (WTO) and its Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) in the protection of ‘traditional knowledge’, which arises predominantly but not exclusively in developing countries and frequently involves indigenous communities. The definition of traditional knowledge remains contested. Although traditional knowledge is partially protected under certain existing legal mechanisms, and no insurmountable barrier exists to further protection, its particular characteristics are likely to require a dedicated solution in the future, which remains some way off.
Keywords: WTO, intellectual property, traditional knowledge, indigenous people, developing countries
JEL Classification: K33
Suggested Citation: Suggested Citation