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Thailand Law Journal 2009 Spring Issue 1 Volume 12For several reasons, traditional knowledge, particularly in genetic resources has been brought into global debates, for instance, the United Nations Conference on Biological Diversity (CBD)59 and WIPO.60 Moreover, traditional knowledge, genetic resources and folklore have been taken into the Doha Ministerial Declaration of the World Trade Organization (WTO) fourth Ministerial Conference (Doha, 9-14 November 2001).61 Genetic resources have become the main issue in international forums concerning the protection of traditional knowledge and folklore.62 Presently, the various definitions of traditional knowledge, indigenous knowledge, traditional resources, indigenous resources, indigenous peoples and local communities are clearer than in previous decades.63 Although there are not universally accepted definitions, all definitions have aimed to protect traditional knowledge holders. In fact, it is not necessary to have agreed definitions of those words for the purpose of protection. In reality, it is difficult to find the unity in diversity. The development of definitions of terms in various forums should be compatible with their purposes. The next chapter will address the background of protection before considering the effects of human rights instruments on intellectual property rights protection. To be continued (Part II) in the following STOU. Law Journal series. |
59.The United Nations Convention on Biological Diversity (CBD) 1992, The Convention is an international treaty that was adopted at the Earth Summit in Rio de Janeiro in 1992. The Convention has three main goals: 1. conservation of biological diversity (or biodiversity); 2. sustainable use of its components; and 3. fair and equitable sharing of benefits arising from genetic resources. At present, there are 189 parties, the United States is the only country that have signed, but not yet ratified. Wikipedia, the free encyclopedia (2007) <http://en.wikipedia.org/wiki/Convention_on_Biological_Diversity> at 28 January 2007. 60.See WIPO The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (2003) Technical study on Disclosure Requirements in Patent Systems Related to Genetic Resources and Traditional Knowledge <http://www.wipo.int/meetings/en/doc_details.jsp?doc_id=16239> at 17 January 2007. 62.In 2000, the WIPO General Assembly established the Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore (known as “IG” or “IGC”) as a forum for the discussion of intellectual property issues related to access to genetic resources and benefit sharing, the protection of traditional knowledge and expressions of folklore. At the Fifth Session of the IG, the Delegation of Zambia suggested, on behalf of the African Group, that the IG should draft and present to the General Assembly a legally- binding international instrument to protect genetic resources, traditional knowledge and folklore. See Peter Drahos, ‘Towards an International Framework for the Protection of Traditional Group Knowledge and Practice’ (Paper presented at the request of the UNCTAD-Commonwealth Secretariat, Workshop on Elements of National Sui Generis Systems for the Preservation, Protection and Promotion of Traditional Knowledge, Innovations and Practices and Options for an International Framework, Geneva, 4-6 February 2004) 10-1. 63.Some scholars, such as Matthias Leistner, suggest that it is not defined in detail in relation to its object, but rather in relation to the process in which traditional knowledge is developed and therefore the definition remains open to all possible manifestations of traditional knowledge. Cf Matthias Leistner, ‘Part III. Analysis of Different Areas of Indigenous Resources’ in Silke von Lewinski (ed), Indigenous Heritage and Intellectual Property, Genetic Resources, Traditional Knowledge and Folklore, (2004), 49, 55. |
This article is published with the kind permission of Panumas Kudngaongarm, Professor, Ph.D. Candidate, School of Law, the University of New England, Australia. (Lecturer, School of Law, Sukhothai Thammathirat Open University, Thailand.). This article was presented at the Inaugural Conference of the Asian Society of International law: International Law in Asia-Past, Present and Future. |
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