Transcript ProtectingTK-SG_Chischilly.ppt

Protection of Traditional
Knowledges (TKs) –
Sui Generis
Ann Marie Chischilly
Institute for Tribal Environmental Professionals
Northern Arizona University
National Tribal Forum 2015
May 20, 2015
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United Nations (UN)
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December 2014
Geneva, Switzerland
World Intellectual Property
Organization (WIPO)
13 countries/ 3 languages
All Indigenous leaders
Intellectual Property – Crash
Course
Develop international legal
instrument for the effective
protection of traditional cultural
expressions & TKs
Address IP aspects of access to
and benefit-sharing in genetic
resources
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WIPO
Intergovernmental Committee (IGC)
• IGC not meeting in 2015
• Draft still being negotiated
• Innovations based on TKs may
benefit from patent, trademark
and geographical indication
protection
• GAP for TKs
• often oral information is not
protected
• Sui Generis
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Sui Generis
• Traditional knowledge can be
found in a wide variety of
contexts, including:
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agricultural,
scientific,
technical,
ecological,
medicinal knowledge &
biodiversity-related knowledge.
• TK policy issues are broad and
diverse, the IP issues break
down into two key themes:
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Sui Generis – Defensive Protection
• Defensive protection refers to a set of
strategies to ensure that third parties do not
gain illegitimate or unfounded IP rights over
TKs.
• These measures include the amendment of
WIPO-administered patent systems
• International Patent Classification system
• Patent Cooperation Treaty Minimum
Documentation
• Some countries and communities are also
developing TK databases that may be used as
evidence of prior art to defeat a claim to a
patent on such TK.
• WIPO has developed a toolkit to provide
practical assistance to TK holders on
documenting TK.
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Sui Generis –Positive Protection
• Two aspects of positive protection of
TK by IP rights are being explored:
• Preventing unauthorized use, and
• Active protection of TK by the
originating community itself.
• In some countries, sui generis
legislation has been developed
specifically to address the positive
protection of TK.
https://www.youtube.com/watch
?v=6FEkkOyoK90
• In addition, providers and users may
also enter into contractual
agreements and/or use existing IP
systems of protection.
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