Indigenous Knowledge WorldWide number 10; November/December 2002.

• Please find attached the Indigenous Knowledge WorldWide number 10;
  November/December 2002.
  
  From The editoral team of IKWorldWide
  
  Editorial
  
  At the end of 2002 we can look back on an inspiring and fruitful year as regards the attention for and development of IK. Besides the growing number of publications, courses, workshops and other initiatives, we noticed the birth and further improvement of other IK newsletters in various parts of the world. We of course encourage these initiatives very much as it is indeed time to decentralize the international IK network, turning over responsibility to Southern organizations and providing a platform for more local and/or regional initiatives. This development is completely in line with the fact that IK is locally bound and embedded. National or regional newsletters could further enhance the context-specific approach, which is certainly an added value compared with the much broader approach of an international newsletter.
  
  This affirmation brings us directly to the following point: only one year ago it was announced that IK would be integrated into Nuffic�s core business (see the editorials in IK&DM vol. 9, no.3, and in IKWW, no.1). At the end of this year we are sad to have to inform our readers that this will no longer be the case. Nuffic is having to transfer its IK-related activities, knowledge, networks and databases to other organizations. This means that we are looking for, and will eventually collaborate with, a small number of IK organizations located in the South (preferably Africa, Asia, and/or South America) that are willing and able to take up and further develop the IK work that Nuffic initiated ten years ago. We will start this transformation process already in January 2003, in close communication with our present contacts. Under these new circumstances we will publish the IKWW four times in 2003, with a first issue appearing in April 2003, and with the aim of facilitating and encouraging input from the South.
  
  The IKWW was published ten times this year, including two special issues. One special issue was dedicated to mountains (June), and this present issue focuses on intellectual property rights (IPR). The editorial team hopes that the�small selection�of information published in this final issue of 2002 will further stimulate the global discussion on IPR.
  For more information see also: www.scidev.net/dossiers/dossier.asp?xc=�05
  
  As this year draws to a close, we wish our readers all the best for 2003�.and
  happy new year!
  
  News from the field
  
  � Traditional knowledge of biodiversity in the Asia-Pacific region
  
  Paper by GRAIN and Kalpavriksh. October 2002. Full text available online. www.grain.org/publications/tk-asia-2002-en.cfm
  
  Across Asia, most people are directly dependent on plant genetic resources for their livelihoods. However, both these resources and the knowledge related to them are under threat. The quest for �green gold� by transnational companies and global institutions is penetrating all countries of the region, bringing with it a rise in the problem of biopiracy. The misappropriation of traditional knowledge has been decreased by changes in regulations�mainly the introduction of intellectual property rights (IPR). Governments are increasingly trying to manage rights to biodiversity and traditional knowledge through exclusive monopoly systems, while mechanisms to protect and strengthen the collective rights of local communities remain weak.
  
  This paper focuses specifically on plants and their use by people. It gives an overview of all aspects of IPR, such as bio-prospecting, control over resources, bio-trade, law-making, and the documentation and policing of traditional knowledge. It presents the views of the various parties involved.
  
  � Databases to protect traditional knowledge?
  
  In recent years several patents have been granted for inventions derived from traditional knowledge. One example is the US patent on the wound-healing properties of the herb turmeric, something that Indians had known about for centuries.
  
  To get a patent one has to fulfil several requirements. The first is that the idea must be novel�different from any existing knowledge or �prior art�. This is thought to be proven if extensive searches fail to turn up anything similar. Patent offices have a problem with traditional knowledge because it is difficult to identify. It is not revealed through their usual searches. The result is patents that should never have been granted.
  
  Several successful challenges of wrongly granted patents prompted a decision to set up �prior art databases� that could prevent new patents on old knowledge. The World Intellectual Property Organization (WIPO, see page 7) is a proponent of such databases and offers several examples on its website (see: www.wipo.int/globalissues/databases/tkportal/index.html).
  
  But these databases hold a threat as well. They make it easier for profit-seekers to exploit cultural heritage and to �steal� secret and sacred traditions and knowledge. This is why indigenous groups are reluctant to make their knowledge available for inclusion in databases. However, by involving indigenous groups in the development of the databases, WIPO hopes to overcome these problems. Next year WIPO will publish reports on the databases and the issues they address, which it hopes will clarify how traditional knowledge can be protected.
  
  Examples of �prior art databases�:
  
  � http://ip.aaas.org/tekindex.nsf (Traditional Ecological Knowledge Prior Art Database)
  
  � http://tcm.patent.com.cn/tcm_patent/englishversion/login/index.asp (China TCM Patent Database)
  
  � The BioZulua project, which does not yet have a website (Venezuela)
  
  Some articles about the use and misuse of traditional knowledge:
  
  � http://news.bbc.co.uk/1/hi/world/americas/212560.stm
  
  � http://news.bbc.co.uk/1/hi/in_depth/sci_tech/2002/boston_2002/1828438.stm
  
  � http://news.bbc.co.uk/2/hi/health/2308743.stm
  
  
  
  
  
  � Intellectual property rights and indigenous knowledge: Analysis of incentive structures
  
  Contribution by: K. Aparna Bhagirathy
  
  At the Madras Institute of Development Studies, India, we have formed a group to study into the economic aspects of Intellectual Property Rights (IPR). Our emphasis is on the issues pertaining to indigenous knowledge (IK), or traditional knowledge (TK). We are at the stage of investigating and building the basic framework for analysis. A roundtable discussion of IK/TK was held in association with the National Biodiversity Strategy and Action Plan. A workshop on policy-making was held in New Delhi. The proceedings and resolutions from these workshops are available (see address below).
  
  Several worldwide initiatives have been taken to provide local communities with tools that enable them to share the benefits from traditional knowledge:
  
  � The Convention on Biological Diversity (CBD). This convention provides for recognition of the contribution that the knowledge, innovations and practices of indigenous and local communities make to the conservation and sustainable use of biodiversity;
  
  � several countries have developed �sui generis� systems for the protection of their IK pertaining to plant varieties and other areas of biodiversity;
  
  � traditional knowledge databases are being prepared as a defense against biopiracy through the documentation of indigenous knowledge and practices.
  
  During the Rome Convention in 1961, the concept of �neighborhood rights� was recognized. A mechanism similar to the neighborhood rights mechanism could be explored as a possible solution for the protection of collective rights over IK. Indigenous groups can play a role in appropriating benefits and distributing them to the holders and users of their knowledge.
  
  Innovations build on existing knowledge and discoveries. Potential new innovators must find sufficient incentive for undertaking further research into IK. Licensing and collaboration are tools that can be used to structure incentives, providing a means for sharing the costs of innovation and a basis for sharing the returns.
  
  There are two basic issues involved in extending IPR to cover IK. Through IPR, exclusive rights are granted to innovators as a reward for their efforts and for the costs they incur in the course of research and development. The question therefore is, �To whom should the rewards be given?� The other issue that has to be considered is the fact that the knowledge is not always new.
  
  More information:
  K. Aparna Bhagirathy, Madras Institute of Development Studies, 79, II Main Road, Gandhi Nagar, Adyar, Chennai - 600020 India.
  Tel.: +91 44 4411574/Fax: +91 44 4910872.
  E-mail: ikworkshop@mids.tn.nic.in
  
  Conferences
  
  � Rockefeller Foundation initiative to promote intellectual property policies that are fairer to poor people
  
  Recognizing that emerging international intellectual property (IP) policies do not adequately reflect or respond to the concerns of poor people and developing countries, the Rockefeller Foundation has begun a multi-year initiative to support the emergence of fairer, development-oriented IP policies. As part of this new initiative, the Foundation is launching a three-year series of meetings at its international conference center, the Bellagio Study and Conference Center, on Lake Como, Italy. The meetings will focus attention on neglected development aspects of IP policy.
  
  The Foundation will support the call for a more balanced international IP policy framework by supporting initiatives to deepen analysis of the range of possible IP policy options, to demonstrate innovative practical approaches to IP, and to build leadership among developing countries, NGOs and community groups, and by broadening participation in international IP policy-making.
  For more information: www.rockfound.org
  
  � Biodiversity and biotechnology and the protection of traditional knowledge
  
  St. Louis, USA, Spring 2003.
  
  In the spring of 2003, the Center for Interdisciplinary Studies and the Whitney R. Harris Institute for Global Legal Studies will hold a two-day conference under the title �Biodiversity, Biotechnology, and the Protection of Traditional Knowledge�. Professor Charles R. McManis from Washington University will head the team coordinating the event, which will include representatives of the Donald Danford Plant Science Center and the Missouri Botanical Garden.
  
  The conference will bring together leading biologists, social scientists, legal scholars, national and international government officials, and representatives of non-governmental organizations. The event will focus on the agricultural and plant aspects of the biotech revolution, including its impact on the protection of biodiversity, the protection and regulation of agricultural and plant biotechnology, and the international intellectual property implications of both. Particular attention will be given to the protection of traditional knowledge and to other intellectual property mechanisms of interest to the developing world. For more information: http://law.wustl.edu/centeris/upcomingevents/biodivsp02.html
  
  Publications
  
  � Best Practices using Indigenous Knowledge
  
  A second publication by Nuffic and UNESCO/MOST, available in December 2002
  
  In 1998, UNESCO�s Management of Social Transformations (MOST) programme and Nuffic began working together in the field of indigenous knowledge (IK). The aim of their cooperation was to encourage researchers and policy-makers to incorporate IK into their project proposals, feasibility studies, etc., and to take IK and practices into account in all development activities affecting rural communities. To this end, the project set out to generate and disseminate Best Practices on the use of IK in relation to sustainable development.
  
  During the second phase, which started in June 2001, Nuffic selected 22 �best practices� in the field of IK. In addition to being presented in a printed publication, the practices will soon be added to the IK database which is available on the UNESCO/MOST website: www.unesco.org/most/bpindi.htm.
  A special link to this register can be found on Nuffic�s IK Pages at: www.nuffic.nl/ik-pages
  
  � Journal of Intellectual Property Rights
  
  The Indian National Institute of Science Communication and Information Resources (CSIR) has been publishing a bimonthly journal specifically devoted to IPR issues since 1996. The Journal of Intellectual Property Rights (JIPR) is written for professionals, scientists, technologists, policy-makers, and industrial managers, who deal with IPR issues.
  
  The journal presents IPR news and notes, invited papers, contributed papers and case studies, book reviews, and conference reports. The November 2002 issue has five articles, including one on the 2002 Indian Plant Variety Protection Act (PVPA), and one on patenting in saffron.
  Subscriptions: IRS 1000 (USD 400). E-mail: sales@niscair.res.in; www.niscair.res.in
  
  � Intellectual property rights, trade and biodiversity � Seeds and plant varieties
  
  Dutfield, G. 2000. 231 pp. ISBN : 1 85383 903 5. IUCN/Earthscan Publications Ltd. London, UK. Price: GBP 50.00
  
  All over the world there is a growing conflict between corporate interests and the interests of society in maintaining control over biological diversity, agriculture and food production. The title of this book neatly summarizes the central issues: intellectual property rights (IPRs), trade, and biodiversity. The basic purpose of IPRs is to recognize inventions by providing appropriate rewards. Conflict occurs when a standard IPR arrangement with regard to biological materials is required. In biological material lines between new inventions and knowledge in the public domain become blurred and are sometimes difficult to define. In addition and especially in the case of genetically modified organisms, corporate interests may oppose those of society-at-large.
  
  This book provides an excellent overview of the rules and regulations pertaining to access to biodiversity, and to the use and conservation of biodiversity. The emphasis is on genetic resources for food and agriculture. The author analyses the relevant international laws, a.o. the various WIPO conventions on IPRs, the Agreement on Trade Related Aspects of IPRs (TRIPS), and the harmonization of Plant Breeders� Rights (PBR) in the context of the International Union for the Protection of New Varieties of Plants (UPOV). He examines concepts developed by environmentalists to protect the interests of local communities in maintaining their communal rights on traditional knowledge and skills for developing and using local plant materials.
  
  It would have been good if the author had analyzed also the problems inherent in the nature of biological materials, and in the way that small, traditional farmers deal with biodiversity. Genes spread and recombine through natural processes of pollination and reproduction. This also applies to IPR protected gene complexes in GMOs. Farmers� seed systems consider the resulting genetic diversity a common good and make use of it through the free exchange of seeds. The common-good concept is consistent with the realization that crop breeding is an evolutionary process, with incremental improvements being made through both natural and human selection. Even in plant breeding for industrial agriculture, PBR and IPR are often in conflict. Attempts to harmonize both types of protection may seem legally possible, but often ignore biological laws that do not allow opportunistic re-interpretation in courts of law.
  
  Still, this is an important, balanced and welcome contribution to the more rational dialogue that should replace the sometimes fierce confrontation between representatives of trade and industry, and the environmental community.
  
  (Review by Jaap Hardon, Agromisa, Wageningen, the Netherlands, e-mail: antine.hardon@wur.nl and
  C.C. Almekinders, research fellow, Wageningen Agricultural University, the Netherlands, e-mail: conny.almekinders@alg.tao.wau.nl)
  
  � Protecting indigenous knowledge and heritage: A global challenge.
  
  Battiste, M. and Henderson, J.Y. 2000. 326 pp. ISBN 1 895830 15 X, Purich Publishing Ltd, Saskatoon, Canada. Price: USD 27.50
  
  This is a timely book as we approach 2004 and the end of the United Nations� Decade of the World�s Indigenous Peoples. This book provides an important reminder to those of us who work at the interface between indigenous and western knowledge that after years of discussion, argument, negotiation, frustration and disappointment we still do not have an internationally binding Declaration on the Rights of Indigenous Peoples. Battiste and Henderson record the history of the work done by indigenous peoples and the UN Working Group on Indigenous Populations to further the progress of this document.
  
  For readers who are interested in the geopolitical workings of the UN, this is an informative piece of writing. For those who are concerned with protecting IK and heritage, this book provides sobering testimony to the importance of international agreements. Many readers will be more familiar with the issues at the local or regional level. Fewer would have been in the position to work towards an international declaration and establish a framework for protecting IK.
  
  In addition to the moving chronicle of the authors� involvement in this process, Battiste and Henderson offer readers a thought-provoking overview of the problems related to the protection of IK. They are particularly critical of current Western-oriented legal regimes, pointing out how national and international legal agreements continue to rob indigenous peoples of their languages, their art, their property rights to plant knowledge, and their right to claim traditional resources.
  
  The book has an introduction and five parts. The introduction presents the history of the development of the Draft Declaration on the Rights of Indigenous Peoples up to the present day. Part I traces the ontological and epistemological assumptions made about knowledge in general and IK in particular within Eurocentric traditions of thought. It then provides an alternative way to approach IK that does not reinforce the Eurocentric need to define, but rather enables IK to be apprehended on its own terms.
  
  Having invited readers to set aside their Eurocentric blinkers, Part II introduces them to the concept of �heritage rights� of indigenous peoples, discussing the critical importance of indigenous languages, the need to decolonize systems of education and religion, and appropriate ethical research guidelines, and offering an analysis of indigenous IPR. Part III then invites readers to return to international and national legal regimes, focussing particularly on the UN and Canada as examples. Having given this overview, Part IV then moves on to the contentious and difficult issue of legal reforms for protecting indigenous knowledge and heritage at both international and national levels.
  
  The final part of this important book offers no easy answers. It acknowledges the substantial breadth and depth of the changes that need to be faced by humanity so that a new consciousness can emerge�one that respects indigenous knowledge and heritage. The authors convey their deep concern about the apparently structural inability of Eurocentric legal regimes to give indigenous peoples rights over their own traditional property and knowledge.
  
  This book is impressive in many respects, not least because of the legal and technical expertise of the authors regarding the protection of indigenous heritage, and the truly global scope of their thinking.
  
  (Review by Dr Zane Ma Rhea, National Centre for Gender & Cultural Diversity, Swinburne University of Technology, Melbourne, Australia.
  E-mail: zmarhea@swin.edu.au;
  www.swin.edu.au/corporate/ncgcd)
  
  For further reading
  
  Much has been written about intellectual property rights, or IPR. We recommend the following online articles and links to useful background information:
  
  � How can Asian countries protect traditional knowledge, farmers� rights and access to genetic resources through implementation or review of the WTO TRIPS agreement? Paper by Anil Gupta, presented at the Joint ICTSD-CEE-HBF Regional Dialogue for Governments and Civil Society, March 2001. www.ictsd.org/dlogue/2001-03-29/Gupta.doc
  
  � The impact of intellectual property rights (IPRs) on food and agriculture in developing countries. March-May 2001. www.fao.org/biotech/C6doc.htm
  
  � A community guide to protecting indigenous knowledge. Online publication by Indian and Northern Affairs, Canada. www.ainc-inac.gc.ca/pr/ra/ind/gui_e.html
  
  � CGIAR Central Advisory Service on Intellectual Property. CAS Newsletter, May 2002. www.isnar.cgiar.org/cas/index.htm
  
  � The Convention on Biological Diversity (CBD). www.biodiv.org/
  
  � The International Treaty on Plant Genetic Resources for Food and Agriculture (IT-PGRFA). www.fao.org/ag/cgrfa/IU.htm
  
  � Trade related aspects of intellectual property rights (TRIPS), under the section entitled �Intellectual property rights and the TRIPS Agreement�. www.wto.org/english/tratop_e/trips_e/trips_e.htm#WhatAre
  
  � Conventions of the International Union for the Protection of New Varieties of Plants (UPOV). www.upov.org/eng/convntns/index.htm
  
  � The Patent Cooperation Treaty (PCT). www.wipo.org/treaties/registration/pct/index.html
  
  � The Berne Convention for the protection of literary and artistic Works. www.wipo.org/treaties/ip/berne/index.html
  
  � The plunder of nature and knowledge. By Vandana Shiva, 1997. www.serve.com/ecobooks/biopirac.htm
  
  � Science in Africa, Africa�s first on-line science magazine, featured IPR in a special issue published in September 2002. The articles include �Focus on biopiracy in Africa at the World Summit on Sustainable Development� and �Towards a common law concerning the protection of traditional knowledge� by Dr Philippe Karpe.
  www.scienceinafrica.co.za/ind0902.htm
  
  Organizations
  
  � WIPO
  
  The World Intellectual Property Organization (WIPO) is an international organization dedicated to helping to ensure that the rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are thus recognized and rewarded for their ingenuity. With headquarters in Geneva, Switzerland, WIPO is one of the 16 specialized agencies of the United Nations system of organizations. It administers 23 international treaties dealing with different aspects of intellectual property protection.
  
  The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is a forum where governments discuss matters relevant to three primary themes. These themes concern intellectual property issues that arise in the context of:
  
  � access to genetic resources and benefit-sharing;
  
  � the protection of traditional knowledge, innovations and creativity;
  
  � the protection of expressions of folklore.
  
  IGC presents itself on the WIPO website with a portal: www.wipo.int/globalissues/tk/index.html
  The portal contains case studies, databases, and news on workshops and publications.
  
  The latest meeting of WIPO�s IGC (June 2002) dealt with diverse aspects of the interaction between the intellectual property (IP) system, and genetic resources, TK and expressions of traditional cultures. The meeting examined immediate practical measures and also covered broader policy and legal issues concerning the protection of TK. The outcomes will form the basis for further work at the December 2002 IGC meeting. See:
  www.wipo.int/documents/en/meetings/2002/igc/index_4.htm
  
  WIPO works in close collaboration with the CBD (Convention on Biological Diversity), FAO and its Commission on Genetic Resources, UNESCO and the World Trade Organization (WTO), and the newly established United Nations Permanent Forum on Indigenous Issues.
  
  For more information: Media Relations and Public Affairs Section at WIPO: Tel.: +41 22 3388161 or 3389547; Fax: +41 22 3388810;
  e-mail: publicinf@wipo.int
  
  Short IPR glossary
  
  Source: Key definitions of the IPR dossier at SciDev�s website: www.scidev.org
  
  Biopiracy
  Biopiracy can be defined as the manipulation of intellectual property rights laws by corporations intent on gaining exclusive control over national genetic resources without giving adequate recognition or remuneration to the original possessors of those resources. Traditional Indian spices such as cumin and turmeric have been patented via this process.
  
  Bio-prospecting
  The collection and screening of plant and other biological materials for commercial purposes, such as the development of new drugs.
  
  Convention on Biological Diversity (CBD); Article 8j
  Article 8j of the CBD states that �each contracting party shall�as far as possible and as appropriate, subject to its national legislation�respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.�
  
  Intellectual Property Rights (IPR)
  IPR is a generic term covering patents, copyrights, trademarks, industrial design, and integrated circuit topography.
  
  Prior Art
  In patent law, �prior art� refers to publicly available existing knowledge that is relevant to an invention for which a patent applicant is seeking protection. If the prior art is too closely related to the claimed invention, the application may be rejected on the grounds of lack of novelty.
  
  Sui generis
  A Latin term that literally means �of its own kind or class�. Often used in relation to the TRIPS Agreement, but also used within the context of enforcing the rights of local communities, and with regard to other international treaties. In theory, the sui generis system provides developing countries with an opportunity to develop their own national systems of intellectual property in order to protect their biological resources, traditional knowledge and cultural belief heritage.
  
  Trade-related Aspects of Intellectual Property Rights (TRIPS)
  The Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) is the key international agreement promoting the harmonization of national systems of IPR.
  
  Traditional resource rights (TRR)
  Traditional resources include plants, animals, and other material objects that may have sacred, ceremonial, heritage, or aesthetic significance. For indigenous peoples and local communities, the term �property� often has an intangible, spiritual meaning. Although worthy of protection, it can belong to no human being. The change in terminology from IPR to TRR reflects an attempt to build on the concept of IPR protection and compensation, while recognizing that traditional resources�both tangible and intangible�are also covered under a significant number of international agreements that can be used to form the basis for a sui generis system. (Source: University of Oxford)
  
  Indigenous Knowledge WorldWide
  
  Published by Nuffic
  PO Box 29777
  2502 LT The Hague
  The Netherlands
  Tel.: +31 - 70-4260 - 321
  Fax: +31 - 70-4260 - 329
  E-mail: ik@nuffic.nl
  
  Editorial team
  
  Anna van Marrewijk
  Ilse van Cooten
  Elma Leidekker
  Karin Boven
  Wietse Bruinsma
  
  Organizational context
  
  Nuffic�s core business is to foster international cooperation in higher education and research. Activities in the field of IK take place within the Department for Human Resource and Institutional Development.
  
  Contributions
  
  Contributions are very welcome. For guidelines you can contact the editorial team either by e-mail (ik@nuffic.nl), post or fax.
  
  Deadlines for submitting copy:
  
  april 2003 14-03-2003
  
  IKWW online version
  
  This publication is available online at
  www.nuffic.nl/ik-pages/ikww
  If you have easy access to the Internet we ask that you please convert your subscription to the online version at:
  www.nuffic.nl/ik-pages/ikww/#alert
  You will receive an e-mail alert the minute that each new IKWW issue is placed online.
  
  This newsletter may be reproduced and/or translated, either in whole or in part, provided the publisher and source are acknowledged. The editorial team would appreciate receipt of a copy.
  The opinions expressed in IKWW do not necessarily reflect those of Nuffic.
  � copyright Nuffic and contributors 2002
  ISSN 1570-0305

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