Genetic Resources and Traditional Knowledge

Genetic Resources and Traditional Knowledge

Case Studies and Conflicting Interests

Elgar Intellectual Property and Global Development series

Edited by Tania Bubela and E. Richard Gold

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing.

Chapter 2: WIPO, Genetic Resources and TK: The Evolution of a Formal Intellectual Property Agreement Protecting TK Associated with Genetic Resources

Charles Lawson

Subjects: development studies, development studies, environment, biotechnology, law - academic, intellectual property law


Charles Lawson INTRODUCTION Traditional knowledge (TK), genetic resources (GRs) and traditional cultural expressions/expressions of folklore (TCEs) have been the subject of textbased negotiations to develop an international legal instrument by the World Intellectual Property Organization (WIPO) since October 2000.1 The evolving concern about these matters is recognition that GRs (and their associated TK) and TCEs (including TK) have developed increased economic, scientific, cultural and commercial values, and that intellectual property is increasingly relevant and important to their protection and exploitation.2 WIPO’s first tentative step in this area3 was to convene the Intergovernmental Committee 1 World Intellectual Property Organization General Assembly, Twenty-Sixth WIPO General Assembly: Report, WO/GA/26/10 (Geneva: WIPO, 2000) 71 [WIPO, ‘26 GA report’]; World Intellectual Property Organization General Assembly, Matters Concerning Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, WO/GA/26/6 (Geneva: WIPO, 2000) 4–19 [WIPO, ‘TK and Folklore’]. 2 See Ibid at 1–2; WIPO ‘26 GA report’, supra note 1 at 28–70; World Intellectual Property Organization General Assembly, Traditional Knowledge and the need to give it Adequate Intellectual Property Protection, WO/GA/26/9 (Geneva: WIPO, 2000) 3–4 and Annex I [WIPO, ‘IP Protection of TK’]. 3 There are a number of international bodies considering these intellectual property related issues under conventions that directly or indirectly affect GRs and TK: see International Covenant on Economic, Social and Cultural Rights (993 U.N.T.S. 3, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entered into force 3 January 1976, in...

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