Issues and Options for Traditional Knowledge Holders in Protecting Their Intellectual Property

Traditional knowledge (TK) is the information that people in a given community, based on experience and adapted to local culture and environment, have developed over time and that continues to develop. This knowledge is used to sustain the community and its culture, as well as the biological resources necessary for the continued survival of the community. Since 1948, international human-rights standards have recognized the importance of protecting intellectual property. Yet, to date, intellectual property (IP) rights are not adequately extended to the holders of TK. The requirements for IP rights protections under current IP regimes remain largely inconsistent with the nature of TK. As a result, it is neglected and considered part of the public domain with no protections or benefits for the knowledge holders, or expropriated for the financial gains of others, often referred to as biopiracy. This chapter presents basic IP concepts in the context of TK with specific attention to identifying, classifying, and protecting elements of TK. The advantages and disadvan tages of the various IP protection options are discussed, and a number of case studies are presented to facilitate a better understanding of each option or issue.