1 Protection of Traditional Knowledges (TKs) – Sui Generis Ann Marie Chischilly Institute for Tribal Environmental Professionals Northern Arizona University.

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1 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

2 United Nations (UN) 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

3 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

4 Traditional knowledge can be found in a wide variety of contexts, including: 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:

5 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.

6 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. In addition, providers and users may also enter into contractual agreements and/or use existing IP systems of protection. ?v=6FEkkOyoK90

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