SYSTEMS AND NATIONAL EXPERIENCES FOR PROTECTING TRADITIONAL
KNOWLEDGE, INNOVATIONS AND PRACTICES
Background note by the UNCTAD secretariat
Executive summary
The importance of protecting the knowledge, innovations and practices of
indigenous and local communities (TK) is increasingly recognized in
international forums. Developing countries seek to ensure that the
benefits of cumulative innovation associated with TK accrue to its
holders while enhancing their socio-economic development. They also aim
at preventing the improper appropriation of TK, with little or no
compensation for the custodians of TK and without their prior informed
consent.
Building on work carried out in other intergovernmental organizations,
this note briefly describes possible instruments for the protection of
TK, including traditional/customary law, modern intellectual property
rights instruments, sui generis systems, and documentation of TK and
instruments directly linked to benefit-sharing. In addition to national
systems, the protection of TK and equitable sharing of the benefits
derived from the use of biodiversity resources and associated TK may
also require measures by user countries or cooperation at the
multilateral level.
Protection of TK is a necessary but not sufficient requirement for its
preservation and further development. To harness TK for development and
trade, developing countries need assistance to build national capacities
in terms of raising awareness on the importance and potential of TK for
development and trade; developing institutional and consultative
mechanisms on TK protection and TK-based innovation; and facilitating
the identification and marketing of TK-based products and services.
There is also a need to promote an exchange of experience among
developing countries on national strategies for TK development, sui
generis systems for the protection of TK and the commercialization of
TK-based products and services. Special attention should be given to
building such capacities in LDCs.
This note provides some analysis and background information to aid
experts in their work. The final chapter contains a list of questions
proposed for discussion.
English: http://www.unctad.org/en/docs/c1em13d2.en.pdf
Spanish: http://www.unctad.org/sp/docs/c1em13d2.sp.pdf
French: http://www.unctad.org/fr/docs/c1em13d2.fr.pdf
KNOWLEDGE, INNOVATIONS AND PRACTICES
Background note by the UNCTAD secretariat
Executive summary
The importance of protecting the knowledge, innovations and practices of
indigenous and local communities (TK) is increasingly recognized in
international forums. Developing countries seek to ensure that the
benefits of cumulative innovation associated with TK accrue to its
holders while enhancing their socio-economic development. They also aim
at preventing the improper appropriation of TK, with little or no
compensation for the custodians of TK and without their prior informed
consent.
Building on work carried out in other intergovernmental organizations,
this note briefly describes possible instruments for the protection of
TK, including traditional/customary law, modern intellectual property
rights instruments, sui generis systems, and documentation of TK and
instruments directly linked to benefit-sharing. In addition to national
systems, the protection of TK and equitable sharing of the benefits
derived from the use of biodiversity resources and associated TK may
also require measures by user countries or cooperation at the
multilateral level.
Protection of TK is a necessary but not sufficient requirement for its
preservation and further development. To harness TK for development and
trade, developing countries need assistance to build national capacities
in terms of raising awareness on the importance and potential of TK for
development and trade; developing institutional and consultative
mechanisms on TK protection and TK-based innovation; and facilitating
the identification and marketing of TK-based products and services.
There is also a need to promote an exchange of experience among
developing countries on national strategies for TK development, sui
generis systems for the protection of TK and the commercialization of
TK-based products and services. Special attention should be given to
building such capacities in LDCs.
This note provides some analysis and background information to aid
experts in their work. The final chapter contains a list of questions
proposed for discussion.
English: http://www.unctad.org/en/docs/c1em13d2.en.pdf
Spanish: http://www.unctad.org/sp/docs/c1em13d2.sp.pdf
French: http://www.unctad.org/fr/docs/c1em13d2.fr.pdf
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