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Published byDennis Hopkins Modified over 9 years ago
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by Naana E. K Halm WIPO consultant 1
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Refers to knowledge coming out of intellectual activity in a traditional context; Includes know-how, practices, skills and innovations; The use of the word ‘traditional’ is often incorrectly associated with ‘stagnation’; TK is to be seen as an ever-changing knowledge system that grows constantly. 2
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TK covers an extensive area of knowledge; TK knowledge system encompasses traditional medicine, traditional cultural expressions or folklore and knowledge on the use of genetic resources. 3
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IP protection system; Sui generis protection 9
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Limited protection period of rights; Issue of individual vs. communal rights; If TK is to be protected under the existing IP system, questions must be asked and answered… 10
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Strong link between exploitation of TK/TCEs and development; Means through which the communities can benefit from their own knowledge; Crucial to establish modes of conduct and protocols through which relevant parties utilise 11
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UN Declaration on Indigenous Peoples recognises “that respect for indigenous knowledge, cultures and traditional practices contributes to sustainable and equitable development and proper management of the environment”; TK has strong relevance in the primary sectors of the economy, such as, agriculture and pastoralism, forestry, fisheries and also in the secondary and tertiary sectors, such as, textiles and pharmaceuticals and even in climate change 12
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Erosion of TK/TCE’s occurs daily; Crucial that TK is adequately preserved and used to ensure a cycle of growth; Communities MUST be included in the dialogue of WHAT the issues are and HOW to resolve them Without the community voices, TK cannot be effectively protected 13
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