Your SlideShare is downloading. ×
0
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
2005
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

2005

656

Published on

Published in: Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
656
On Slideshare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
15
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide
  • What is Traditional Knowledge (TK)?
    -“ideas and expressions thereof developed by traditional communities and Indigenous peoples, in a traditional and informal way, as a response to the needs imposed by their physical and cultural environments and that serve as means for their cultural identification” (WIPO/GRTKF/IC/5/8)
    Traditional Cultural Expressions (TCE)?
    -Expressions and representations of a people’s cultural heritage, in the form of art, music, dance, design, crafts, stories, languages, words and symbols, architecture
    -may be “old” and now communal, contemporary creations and innovations made by living persons and based upon tradition
    -“expressions of folklore”
    -“intangible and tangible cultural heritage”
    -Examples: folk tales, poetry, signs, symbols, folk songs, folk dances, plays, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework, textiles, carpets, costumes, crafts, musical instruments, architectural forms
    refer to use of TK in the narrow sense(technical know how) in the work of the division and TK in the wide sense in the name of the Division
  • What is Traditional Knowledge (TK)?
    -“ideas and expressions thereof developed by traditional communities and Indigenous peoples, in a traditional and informal way, as a response to the needs imposed by their physical and cultural environments and that serve as means for their cultural identification” (WIPO/GRTKF/IC/5/8)
    Traditional Cultural Expressions (TCE)?
    -Expressions and representations of a people’s cultural heritage, in the form of art, music, dance, design, crafts, stories, languages, words and symbols, architecture
    -may be “old” and now communal, contemporary creations and innovations made by living persons and based upon tradition
    -“expressions of folklore”
    -“intangible and tangible cultural heritage”
    -Examples: folk tales, poetry, signs, symbols, folk songs, folk dances, plays, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework, textiles, carpets, costumes, crafts, musical instruments, architectural forms
    refer to use of TK in the narrow sense(technical know how) in the work of the division and TK in the wide sense in the name of the Division
  • What is Traditional Knowledge (TK)?
    -“ideas and expressions thereof developed by traditional communities and Indigenous peoples, in a traditional and informal way, as a response to the needs imposed by their physical and cultural environments and that serve as means for their cultural identification” (WIPO/GRTKF/IC/5/8)
    Traditional Cultural Expressions (TCE)?
    -Expressions and representations of a people’s cultural heritage, in the form of art, music, dance, design, crafts, stories, languages, words and symbols, architecture
    -may be “old” and now communal, contemporary creations and innovations made by living persons and based upon tradition
    -“expressions of folklore”
    -“intangible and tangible cultural heritage”
    -Examples: folk tales, poetry, signs, symbols, folk songs, folk dances, plays, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework, textiles, carpets, costumes, crafts, musical instruments, architectural forms
    refer to use of TK in the narrow sense(technical know how) in the work of the division and TK in the wide sense in the name of the Division
  • What is Traditional Knowledge (TK)?
    -“ideas and expressions thereof developed by traditional communities and Indigenous peoples, in a traditional and informal way, as a response to the needs imposed by their physical and cultural environments and that serve as means for their cultural identification” (WIPO/GRTKF/IC/5/8)
    Traditional Cultural Expressions (TCE)?
    -Expressions and representations of a people’s cultural heritage, in the form of art, music, dance, design, crafts, stories, languages, words and symbols, architecture
    -may be “old” and now communal, contemporary creations and innovations made by living persons and based upon tradition
    -“expressions of folklore”
    -“intangible and tangible cultural heritage”
    -Examples: folk tales, poetry, signs, symbols, folk songs, folk dances, plays, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewelry, basket weaving, needlework, textiles, carpets, costumes, crafts, musical instruments, architectural forms
    refer to use of TK in the narrow sense(technical know how) in the work of the division and TK in the wide sense in the name of the Division
  • In 1993, imported carpets reproducing copyright works of Indigenous artists were found to be infringements of each Indigenous artist’s works. The artistic works embodied pre-existing cultural clan images that were, in some instances, altered by the carpet manufacturer, thereby distorting the cultural message of the works. The artists instituted a copyright action against the company which had imported the carpets, Indofurn Pty Ltd (“Indofurn”), successfully winning their case. This case resulted in the landmark Federal Court decision M*(deceased) v Indofurn, representing an accommodation of copyright law to protect Indigenous art and cultural expression.
  • The Secretariat continues to provide a wide range of technical cooperation on this topic through workshops and meetings, expert and fact-finding missions, legislative drafting and advice, and education and training. This includes activities specifically focussed on the legal protection of traditional knowledge and expressions of folklore and more general activities that address this issue along with other areas of intellectual property.
  • The Secretariat continues to provide a wide range of technical cooperation on this topic through workshops and meetings, expert and fact-finding missions, legislative drafting and advice, and education and training. This includes activities specifically focussed on the legal protection of traditional knowledge and expressions of folklore and more general activities that address this issue along with other areas of intellectual property.
  • The Secretariat continues to provide a wide range of technical cooperation on this topic through workshops and meetings, expert and fact-finding missions, legislative drafting and advice, and education and training. This includes activities specifically focussed on the legal protection of traditional knowledge and expressions of folklore and more general activities that address this issue along with other areas of intellectual property.
  • The Secretariat continues to provide a wide range of technical cooperation on this topic through workshops and meetings, expert and fact-finding missions, legislative drafting and advice, and education and training. This includes activities specifically focussed on the legal protection of traditional knowledge and expressions of folklore and more general activities that address this issue along with other areas of intellectual property.
  • A Fact-finding mission to China on the Legal Protection of National Folklore took place between November 28 and December 4, 2002. A striking feature of this mission was the extent to which minority nationalities still practice their cultural traditions and customs in their everyday life. The promotion of cultural heritage occupies a prominent position within the Province’s economic, cultural, tourism and environmental strategies, underlining that cultural heritage and traditional cultural expressions are economic as well as cultural assets.
  • Within the context of the Secretariat’s normal and ongoing Development Cooperation functions, the WIPO Secretariat has provided comments and information on the protection of expressions of folklore and traditional knowledge to many countries which have requested this as part of their drafting of IP laws or review of existing laws.
    The Copyright Law Section, Cooperation for Development (Intellectual Property Law) Department of WIPO has provided, as requested by three Member States, comments and information specifically on folklore in respect of their legislation.
    Requests for such assistance continue to be received by the Secretariat.
    They are also received from regional intergovernmental organizations.
  • Within the context of the Secretariat’s normal and ongoing Development Cooperation functions, the WIPO Secretariat has provided comments and information on the protection of expressions of folklore and traditional knowledge to many countries which have requested this as part of their drafting of IP laws or review of existing laws.
    The Copyright Law Section, Cooperation for Development (Intellectual Property Law) Department of WIPO has provided, as requested by three Member States, comments and information specifically on folklore in respect of their legislation.
    Requests for such assistance continue to be received by the Secretariat.
    They are also received from regional intergovernmental organizations.
  • Transcript

    • 1. Intellectual Property and the Protection of Traditional Knowledge, Genetic Resources and Folklore
    • 2. Overview ♣ Introduction ♣ Terminology - What is Traditional Knowledge (TK) and Traditional Cultural Expressions (TCES) ♣ Examples and case studies ♣ Background to WIPO’s work ♣ Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) ♣ IGC Outcomes ♣ Legal Technical Assistance and Capacity Building ♣ Indigenous Participation and Involvement
    • 3. Traditional values and IP at odds? What does WIPO have to do with ‘traditional knowledge’? Proponents and opponents of IP raised concerns: – “imposing an IP straitjacket on traditional cultures,” “overriding collective values of indigenous communities” – IP concerns ‘mainstream’ technology; commercialises & commodifies knowledge & culture; facilitates misappropriation of TK and cultural expressions – IP rights are private, individual - at odds with values of traditional communities – IP is concerned with innovation, not tradition
    • 4. Towards resolution: back to basics The IP system criticized for misappropriating TK/TCEs, neglecting the interests of Indigenous & local communities. But these very concerns often expressed in terms that echo core principles of the IP system: promoting equity and balance, reconciling private and collective interests, recognizing distinctive origins and the legitimate source of innovation and creativity, suppressing free-riding and unjust enrichment, defending distinctive reputations from illegitimate exploitation, providing for rights of attribution and integrity This observation is the essence of an emerging consensus
    • 5. What is Traditional Knowledge (TK)? Traditional Cultural Expressions (TCE)?
    • 6. Terminology Definitions shouldn’t create firm boundaries: • Cultural Heritage - expressions of folklore or traditional cultural expressions (TCEs) • Traditional Knowledge (TK) - ‘technical’ know how - e.g. medicinal knowledge • Genetic resources - ownership, custody, traditional relationship
    • 7. EXAMPLES Representative of the Saami Council Kuna Mola Chiva Colombia
    • 8. Misappropriation of TK and TCEs • Unauthorized commercial use • Culturally offensive, derogatory and fallacious use • No acknowledgement of source • False association with “tradition”/borrowing of style
    • 9. EXAMPLES Left: Banduk Marika Djanda and the Sacred Waterhole (lino print) Right: Indofurn’s ‘Djanda and the Sacred Waterhole’ carpet
    • 10. Are traditional cultural expressions economic assets? • Indigenous visual arts and crafts industry worth $130 million in Australia (2002 report) • “World music” - Graceland, 1986 sold over 3.5 million copies worldwide
    • 11. EXAMPLES HAKA Authentic Commercial Use
    • 12. LEGO AND MAORI EXAMPLES
    • 13. Background to WIPO’s Work Berne Convention for the Protection of Literary and Artistic Works - Article 15(4) attempts to introduce copyright protection for folklore at international level and provides some form of protection where if the identity of the author is unknown he/she may still be entitled protection Tunis Model Law on Copyright for Developing Countries (1976) - adopted with the assistance of WIPO and UNESCO, and provides specific protection for works of national folklore
    • 14. WIPO-UNESCO Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and Other Prejudicial Actions (1982) - drafted in response to concerns that expressions of folklore were susceptible to improper exploitation have been used by countries within their national legislations WIPO Performances and Phonograms Treaty (WPPT) - adopted in 2002, provides definition of “performer” to include performer of expression of folklore Background to WIPO’s Work
    • 15. WIPO-UNESCO World Forum on the Protection of Folklore - Phuket, Thailand (1997) -discussed issues and needs related to IP and folklore, and recognized the need for new international standard of protection WIPO Report on Fact-finding Missions on Intellectual Property and TK (1998 - 1999) - fact-finding missions in 28 countries to identify IP-related needs and expectations of TK-holders Background to WIPO’s Work
    • 16. WIPO-UNESCO Regional Consultations on the Protection of Expressions of Folklore (1999) - four regional consultations organized and each regional consultation adopted recommendations identifying IP needs and issues, and proposals for future works. Also recommended the establishment of a committee to facilitate future work in this area. Background to WIPO’s Work
    • 17. INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC)
    • 18. Where did the IGC come from, where is it going? 1998-99 fact-finding missions (60 locations; dialogue with around 3,000 representatives of TK holder communities) – new program based on direct learning of the needs & expectations of TK holders themselves – these insights still central IGC established in 2001 – clarifies that this is an existing area of IP law and practice; many laws and practical cases worldwide, within and beyond the conventional IP system – what is the international dimension?
    • 19. INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC) Forum in which discussions can proceed among Member States on three primary themes, namely intellectual property issues that arise in the context of (i) access to genetic resources and benefit sharing; (ii) protection of traditional knowledge, whether or not associated with those resources; and (iii) protection of expressions of folklore
    • 20. New IGC Mandate 2004-05 Continue work on questions included in previous mandate  new work to focus on consideration of international dimension, without prejudice to work in other fora  no outcome is excluded, including the possible development of an international instrument(s)  the IGC urged to accelerate its work and to present a progress report  International Bureau to continue to assist by providing necessary expertise and documentation
    • 21. Tangible Outcomes • Series of Studies and Analysis of Positive Protection of TK and TCEs • Analysis of elements of sui generis protection systems for TK • Practical Analysis of terminology concerning TK and TCEs • Practical tools for the positive and defensive protection of TK • TK Portals • Inventories of periodicals and databases to promote search and examination • Publication of practical case studies on TCES/Folklore • Publication of case studies concerning access to genetic resources and associated benefit-sharing
    • 22. • Toolkit for Managing Intellectual Property when Documenting TK and Genetic Resources • WIPO Practical Guide on the Legal Protection of Traditional Cultural Expressions • Guide on Contractual Practices and Clauses relating to Intellectual Property, Access to Genetic Resources and Benefit- Sharing • Customary Law Study • Portal of Online Databases and Registries of Traditional Knowledge and Genetic Resources IGC Continuing Work
    • 23. Outcomes of IGC 6 The IGC commissioned: • Draft policy objectives and core principles for TK protection • An outline of policy options and legal elements for TK • Questionnaire on prior art criteria relevant to TK and draft recommendations for patent search and examination concerning TK systems • Drafts policy objectives and core principles for the protection of TCEs • An outline policy options and legal elements for TCEs • Enhance participation of indigenous and local communities in the IGC
    • 24. Outcomes of IGC 7 Results of the most recent meeting • Discussion of key documents focusing on key draft policy objectives and core principles for TK and TCEs • Enhanced indigenous participation
    • 25. LEGAL TECHNICAL ASSISTANCE AND CAPACITY BUILDING
    • 26. LEGAL TECHNICAL ASSISTANCE AND CAPACITY BUILDING • Regional and National Activities • Expert and Fact-finding Missions • Legislative Development • Education and Training • Indigenous Participation and Involvement
    • 27. Regional and national activities The main objectives of the activities are to: • provide Member States, Indigenous and local communities, relevant organizations and other stakeholders with a series of fora where they can consider and reflect on the technical, legal and policy dimensions of the issues that arise in the context of the mandate of the IGC • ensure that States, Indigenous peoples and local communities, and other stakeholders have a clear idea of the work and mandate of the IGC, so that they may contribute to its deliberations in an effective way.
    • 28. Expert and Fact-finding Missions Fact-finding mission to China on the Legal Protection of National Folklore - November 28 and December 4, 2002 Fact-finding mission to China on the Protection of Traditional Chinese Medicines - November 10 to 14, 2003
    • 29. Legislative development Within the context of the Secretariat’s normal and ongoing Development Cooperation functions: - contributed comments and information on the protection of TCEs and TK to many countries which have requested this as part of their drafting of IP laws or review of existing laws. Requests also received from regional IGOs. e.g.: (1) Legal and policy options for the intellectual property protection of traditional knowledge for the African Regional Industrial Property Organization (ARIPO), as technical cooperation in the context of developing an integrated policy approach to traditional knowledge. (2) Similar resource materials were drawn on in consultations on legal and policy options with the African Intellectual Property Organization (OAPI).
    • 30. Legislative Drafting, Comments and Information Regional Framework for the Protection of TK and TCEs At the request of Pacific Island States through the Secretariat of the Pacific Community (SPC) and the Pacific Islands Forum Secretariat (PIFS), the Secretariat has provided information and legislative drafting comments and advice in relation to the development of a Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture for Pacific Island countries. Practical Guide on TCE for LDCs Practical Guide providing legal technical assistance to States to implement or improve existing IP Systems at a National Level
    • 31. Outreach and publications Awareness-raising publications Booklets > Intellectual Property and Traditional Knowledge; > Intellectual Property and Traditional Cultural Expressions (expressions of folklore); > Intellectual Property and Access to Genetic Resources. Background Papers > The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore; > Intellectual Property and Traditional Knowledge; > Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions; > Intellectual Property and Access to Genetic Resources.
    • 32. Education and Training WWA Distance Learning Courses DL-203 "Traditional Knowledge and Intellectual Property" http://www.wipo.int/academy/en/dl101/index.htm Coming Soon!
    • 33. Specialized Course on IP and Traditional Knowledge DL - 203 Course outline: The course shall present a general overview of the TK/IP nexus, in particular how the IP system relates to the protection of TK. The course shall be comprised of six (6) substantive modules: • the notion of “traditional knowledge”, • its value and importance in the cultural, scientific and commercial spheres, • current practices representing a threat to TK, • the rights TK holders want recognized, • possible models of protection of TK, • institutions and processes relevant to TK and IP.
    • 34. Indigenous Participation and Involvement NEW!! Accredited Non-Governmental Organizations' (NGOs) Page NGOs play active and important role in the work of the IGC since its inception. Apart from the NGOs already accredited to WIPO, around 95 additional NGOs have been accredited especially for the IGC many of which are representatives of local indigenous communities. The IGC itself and the WIPO Assembly have both stressed the need to enhance the participation of local and indigenous communities in its work. Currently under consideration, the possibilities of enhancing indigenous participation (document WIPO/GRTKF/IC/7/12)
    • 35. ♣ Future of IP and TK ♣ Role of WIPO ♣ Other International Foras
    • 36. Thank You Susanna Chung

    ×