The relevance of traditional knowledge to intellectual property law
|
|
- Rosanna Long
- 5 years ago
- Views:
Transcription
1 Question Q232 National Group: The Philippines Title: The relevance of traditional knowledge to intellectual property law Contributors: Aleli Angela G. QUIRINO John Paul M. GABA Antonio Ray A. ORTIGUERA May A. CANIBA-LLONA Reporter within Working Committee: Aleli Angela G. Quirino Date: 18 May 2012 Questions I. Analysis of current law and case law The Groups are invited to answer the following questions under their national laws: 1) Is TK defined in your national law? TK is currently not defined under Philippine law, except under administrative regulations. 2) If yes to question 1, what is the source of the definition? NCIP Administrative Rules and Regulations Order No implementing Republic Act No. 8371, otherwise known as "The Indigenous Peoples' Rights Act of 1997". 3) If yes to question 1, how is TK defined? TK, or Community Intellectual Rights refers to the rights of indigenous cultural communities/indigenous peoples (ICCs/IPs, for brevity) to own, control, develop and protect: (a) the past, present and future manifestations of their cultures, such as but not limited to, archaeological and historical sites, artifacts, designs, ceremonies, technologies, visual and performing arts and literature as well as religious and spiritual properties; (b) science and technology including, but not limited to, human and other genetic resources, seeds, medicine, health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, resource management systems, agricultural technologies, knowledge of the properties of fauna and flora, oral traditions, designs, scientific discoveries; and (c) language, 1
2 script, histories, oral traditions and teaching and learning systems (Rule II, Section 1, NCIP Administrative Rules and Regulations Order No ). 4) If TK is not defined in your national law, is there any 'working definition' described in any draft law or regulation, policy document or other discussion material? N/A. 5) Does your national law provide for any protection (whether positive or defensive) for TK? Yes. 6) If yes to question 5, is the protection found in: a) existing IP laws or regulations; b) adaptation of IP laws or regulations through sui generis measures for TK protection; or c) wholly sui generis laws or regulations relating to TK protection? Yes, through the adaptation of intellectual property laws or regulations by way of sui generis measures to protect TK, and sui generis laws and regulations relating to TK protection. 7) If yes, to any part of question 6, please provide details of the law(s) or regulation(s), including where such detail exists: A. Traditional and Alternative Medicine Act (Republic Act No. 8423) This statute created the Philippine Institute of Traditional and Alternative Health Care (PITAHC, for brevity) for the purpose of accelerating the development of traditional and alternative health care in the Philippines. PITAHC was mandated, among others, to develop workable mechanisms, in accordance with the customary practices of the place, for the identification and documentation of indigenous knowledge systems relevant to the utilization of biological and genetic resources that are applied in traditional and alternative health care practices of the community. B. Indigenous Peoples Rights Act (Republic Act No. 8371) Under this statute, indigenous cultural communities/indigenous peoples were recognized to have the right to full ownership and control and protection of their cultural and intellectual rights; to have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts. 8) Are the protections described in response to questions 6 and 7 a) referable to TK alone; or b) related to or linked to the concepts of protection of: (i) genetic resources; or (ii) TCEs? 2
3 The protections described above are related or linked to the concepts of protection of genetic resources and TCEs. If yes to question 8(b), please provide details of any linkages.. The Traditional and Alternative Medicines Act covers all biological and genetic resources that are applied in traditional and alternative health care practices as well as indigenuous knowledge systems. Indigenous Peoples Rights Acts seeks to preserve the indigenous cultural communities/indigenous peoples culture, traditions, and institutions. 9) Please identify any shortcomings in any protection of TK in your country by reference to the matters in questions 6 to 9 above. The laws discussed above do not provide adequate protection for TK. They do not sufficiently specify the rights and remedies, as well as the procedure and mechanisms, in order to protect the indigenous cultural communities/indigenous peoples TK. 11) Please identify any significant case law in connection with protection of TK in your country. None. II. Proposals for harmonisation The Groups are invited to put forward proposals for the adoption of harmonised rules in relation to the role of TK in relation to IP law. 12) Is a harmonised definition of TK desirable? Yes, provided that the vast cultural differences among countries will be taken into account. The harmonized definition should recognize that each indigenous community is unique and distinct. For this reason, the definition should allow each of the countries enough flexibility to promulgate national legislations aimed to fully and sufficiently encompass the nature and essence of all the TK originating from their respective countries, indigenous peoples/groups or local cultural community. 13) If yes to question 12, please propose a definition of TK, or the concepts that should be included in any proposed harmonised definition of TK. Consistent with our answer to Item No. 12, we find that the definition of TK by the Draft Articles of WIPO on The Protection of Traditional Knowledge, which provides that traditional knowledge refers to the know-how, skills, innovations, practices, and learning resulting from intellectual activity in a traditional context, provides the most flexibility to countries. 14) Is it desirable to have only one form of protection for TK, either positive or defensive, or both forms? Please state reasons. It is desirable to have several positive and defensive forms of protection for TK. Since TK may comprise the knowledge systems of indigenous or local communities, covering intellectual capital, cultural identity, spiritual beliefs and customary legal systems, one form of protection 3
4 may not be adequate. To be effective, the form of protection should consider the specific aspect of the TK and how it is protected from misuse and infringement. 15) Should TK be protected by: a) existing IP laws or regulations; b) adaptation of IP laws or regulations through sui generis measures for TK protection; or c) wholly sui generis laws or regulations relating to TK protection? In your answer, please identify which and state reasons. Adoption of sui generis laws or regulations relating to TK protection is desirable because of the peculiar character of TK vis-a-vis core intellectual property. TK refers to the wealth of knowledge already in existence, and considered unprotected and freely available to the public, which is sought to be protected or excluded from the public domain. Whereas, intellectual property refers to the creation of new knowledge or information that are not yet in the public domain and remains under the control and the exclusive right of the creator or inventor. Since the subject matter of protection under IP laws is inherently different from TK, it is better that TK be protected by wholly sui generis laws. 16) If yes to any part of question 15, is a harmonised approach to protection desirable? In your answer, please state reasons. Yes, a harmonised approach to protection is desirable provided that countries are given enough prerogative to determine the manner, form, and mechanism of protection for TK. Providing countries the flexibility to design their respective national legislations that are compatible with the peculiar nature of TK in every country is necessary in order for it to be an effective tool for the assertion of the indigenous peoples rights with respect to their resources and knowledge. 17) If yes to question 16, how should that approach be implemented: a) at an international level; and b) at a national or regional level? The approach should be initially implemented at the national or regional level for it to be an effective tool by which the indigenous peoples may assert their rights to their resources and knowledge. This does not preclude the promulgation of general principles at the international level which will serve as the parameters or minimum standards within which the TK rights at the national level may be enforced. 18) Having regard to WIPO/GRTKF/IC/19/5, please provide any proposals you have as to a harmonised approach concerning: Considering that vast cultural differences exist among countries, we propose to adopt the following provisions of the WIPO Draft Articles on The Protection of Traditional Knowledge which we believe take into account the promulgation of national laws and adoption of TK definitions embracing the most general terms: a) Definition of TK; Traditional knowledge refers to the know-how, skills, innovations, practices, and learning resulting from intellectual activity in a traditional context (Option 3). b) criteria for eligibility for protection; 4
5 Identified with [integral to] the cultural identity of a [local, indigenous or traditional peoples or communities or nations] that is recognized as the owner through a form of custodian or collective and cultural ownership responsibility. Such a relationship may be established formally or informally by customary practices, laws or protocols. [Alternative (c), Option 1] c) beneficiaries of protection; Beneficiaries of protection include indigenous peoples, local communities and nations, in accordance with national legislation. d) scope of protection; [Contracting parties] Member States shall [/should] provide adequate and effective legal means/measures to ensure the application of these rights taking into account relevant customary laws and practices. e) sanctions, remedies and exercise of rights; Member States shall [/should] ensure that enforcement procedures are available under their laws against the [willful or negligent] infringement of the protection provided to traditional knowledge under this instrument sufficient to constitute a deterrent to further infringements. (Option 1, 4.2) f) administration of rights; The establishment of a national or regional authority or authorities under this article is without prejudice to the national law and the right of traditional knowledge owners to administer their rights according to their customary protocols, understandings, laws and practices. In the case that the Member State decides thus that they should establish this authority: A Member State [contracting party] shall [may] free, prior and informed consent of [in consultation with] the owners [holders] of traditional knowledge in accordance with its national law, may establish or appoint an appropriate national or regional competent authority or authorities. The functions may include, but need not be limited to, the following: (a) disseminate [disseminating] information and promoting practices about traditional knowledge and its protection under protection of its beneficiaries; (b) ascertaining whether free, prior informed consent has been obtained; (5.1) g) exceptions to and limitations on rights; It shall be a matter of national law to permit [Parties may adopt] appropriate limitations or exceptions, provided such exceptions are limited and do not conflict with the normal use of the traditional knowledge by the beneficiaries and do not unreasonably prejudice the legitimate interests of the beneficiaries[,taking into account the legitimate interests of third parties] (Option 2, 6.2) h) term of protection; Protection of traditional knowledge shall [should] last as long as the traditional knowledge fulfils the criteria of eligibility for protection according to Article 1. (Option 1) 5
6 i) formalities to which protection is subject; The protection of traditional knowledge should [shall] not be subject to any formality. (Option 1, 8.1) j) transitional measures; The state should ensure the necessary measures to secure the rights [acknowledged by national [or] domestic law,] already acquired by third parties in accordance with its national law and its international legal obligations. (Option 1, 9.2) k) consistency with other laws; In accordance with Article 45 of the United Nations Declaration on the Rights of Indigenous Peoples, nothing in this instrument may be construed as diminishing or extinguishing the rights that indigenous peoples have now or may acquire in the future. (Alternative, 10.2) l) national treatment and foreign interests; and Reciprocity m) trans-boundary cooperation. In instances where traditional knowledge is located in territories of different States / Member States [contracting Parties], those States / Member States [contracting Parties] should [shall] cooperate by taking measures that are supportive of and do not run counter to the objectives of this instrument. This cooperation should [shall] be done with the participation [and consent] / [and prior informed consent] of the traditional knowledge owners [holders]. Summary Being an archipelagic state composed of more than 7,100 islands, the Philippines is a culturally diverse country. According to the latest study of United Nations Development Programme (2010), it is estimated that almost 17 million (or around 18%) of the country s population are Indigenous Peoples, spread out to an estimated 110 ethno-linguistic groups. Realizing the importance of the Indigenous Peoples sector, several sui generis national legislations were enacted to address the peculiar needs and interests thereof. However, poverty and underdevelopment are widespread among localities where Indigenous Peoples communities are concentrated. Among others, the protection of traditional knowledge is considered as a tool for their economic empowerment. As the adaptation of common legal regimes appear to be ineffective, the formulation of laws, policies, and alternative measures that would effectively address the particular needs and requirements of Indigenous Peoples become imperative. 6
7 ANNEXURE A Resolution Question Q166 Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore AIPPI Observing the struggle of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore to come to final conclusions on the topics; Noting that - the Convention on Biological Diversity accepts the sovereignty of states over their genetic resources and traditional knowledge connected with it, and puts forward the concept of prior informed consent and access and benefit sharing when utilising such resources; - many member countries of the Convention on Biological Diversity have not yet set up mechanisms how to access genetic resources under their control and how to get prior informed consent; Mindful that - the patent system is intended to encourage inventors to disclose their inventions to the public in return for a monopoly period in which patent owners may prevent others from practising the invention, and that an invention is a solution to a technical problem; - patents should only be granted for inventions which are new, not obvious and capable of industrial application, and should contain disclosure of the invention sufficient to enable the skilled person in the art to work the invention; - the patent system cannot prevent unlawful use of genetic material or traditional know ledge in research, development, marketing of products, or trade; Supporting that users of genetic material and traditional knowledge connected with it comply with the requirements of the Convention on Biological Diversity and national laws in this respect. Resolves: 1) Traditional knowledge in the public domain should be treated as other information in the public domain for the assessment of patentability of inventions. 2) The patent system is not suitable to control whether the requirements of the Convention on Biological Diversity are met, in particular since research results and products in commerce and trade need not be covered by patents. 3) If national laws require a declaration of the source of genetic material and traditional knowledge in patent applications, such laws should: only require that the patent applicant to the best of his knowledge identifies the source from which the inventor obtained the genetic material or the information based on traditional knowledge; 7
8 entitle the applicant to rectify any failure to indicate the source or add any later information obtained on the origin of the genetic material. 4) Ways and means other than patent applications should be developed to deal with prior informed consent and access and benefit sharing concerning genetic resources and traditional knowledge connected with it. 8
The relevance of traditional knowledge to intellectual property law
Question Q232 National Group: Dutch Group Title: The relevance of traditional knowledge to intellectual property law Contributors: Lucky BELDER, Klaas BISSCHOP, Roderick CHALMERS HOYNCK VAN PAPENDRECHT,
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IC/28/5 ORIGINAL: ENGLISH DATE: JUNE 2, 2014 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Twenty-Eighth Session Geneva, July
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E ORIGINAL: ENGLISH DATE: FEBRUARY 3, 2012 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Twenty-First Session Geneva, April 16 to 20, 2012
More informationThe Protection of Traditional Knowledge: Draft Articles. Facilitators Rev. 2 (December 2, 2016)
The Protection of Traditional Knowledge: Draft Articles Facilitators Rev. 2 (December 2, 2016) page 2 PREAMBLE/INTRODUCTION Recognize value (i) recognize the [holistic] [distinctive] nature of traditional
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IC/37/5 ORIGINAL: ENGLISH DATE: JUNE 27, 2018 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Thirty-Seventh Session Geneva,
More informationThe Protection of Traditional Knowledge and Traditional Cultural Expressions with a Special Focus on the Traditional in Iranian Handmade Carpets
The Protection of Traditional Knowledge and Traditional Cultural Expressions with a Special Focus on the Traditional in Iranian Handmade Carpets Wend Wendland, Director, Traditional Knowledge Division,
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IC/33/4 ORIGINAL: ENGLISH DATE: DECEMBER 5, 2016 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Thirty-Third Session Geneva,
More informationTraditional knowledge lato sensu
Date : 30/10/2007 Intellectual Property and Traditional Cultural Expressions and Traditional Knowledge: Key Issues by Wend Wendland, Head, Traditional Creativity, Cultural Expressions and Cultural Heritage
More informationWIPO Seminar, Geneva, 23 June
The Cross-Border Protection of Intellectual Property and its Relevance for the Protection of Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources WIPO Seminar, Geneva, 23 June
More informationWORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA
WIPO ORIGINAL: English DATE: February 19, 2010 WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA E INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
More informationResults and state of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
Results and state of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Addis Ababa, February 23, 2015 Innovation and creativity Intellectual
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IC/19/4 ORIGINAL: ENGLISH DATE: MAY 17, 2011 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Nineteenth Session Geneva, July
More informationSafeguarding the Living Breath of Life
Preston Hardison, Tulalip Natural Resources ITEP Tribal Climate Change Webinar Series on Climate Change Impacts, Traditional Knowledge and Communication June 16, 2013 Safeguarding the Living Breath of
More informationFacilitating International Cooperation for the Protection of Traditional Knowledge: The Relevance of Mutual Recognition Agreements
Facilitating International Cooperation for the Protection of Traditional Knowledge: The Relevance of Mutual Recognition Agreements by Professor Paul Kuruk 1 I. NEED FOR INTERNATIONAL COOPERATION Traditional
More informationThe Protection of Traditional Cultural Expressions: Draft Articles. Facilitators Rev. 2 (as at the close of IGC 33 on March 3, 2017)
The Protection of Traditional Cultural Expressions: Draft Articles Facilitators Rev. 2 (as at the close of IGC 33 on March 3, 2017) 2 [PRINCIPLES/PREAMBLE/INTRODUCTION] [1. [Recognizing]/[to recognize]
More informationProtecting Traditional Knowledge: A framework based on Customary Laws and Bio-Cultural Heritage
Protecting Traditional Knowledge: A framework based on Customary Laws and Bio-Cultural Heritage Krystyna Swiderska Sustainable Agriculture, Biodiversity and Livelihoods Programme, IIED Paper for the International
More informationInformation Note. for IGC 39. Prepared by Mr. Ian Goss, the IGC Chair
Information Note for IGC 39 Prepared by Mr. Ian Goss, the IGC Chair Introduction 1. In accordance with the IGC s mandate for 2018/2019 and the work program for 2019, IGC 39 should undertake negotiations
More informationDRAFT REPORT. EN United in diversity EN 2012/2135(INI)
EUROPEAN PARLIAMT 2009-2014 Committee on Development 25.7.2012 2012/2135(INI) DRAFT REPORT on development aspects of intellectual property rights on genetic resources: the impact on poverty reduction in
More informationMATTERS CONCERNING THE INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC)
E WO/GA/43/14 ORIGINAL: ENGLISH DATE: AUGUST 14, 2013 WIPO General Assembly Forty-Third (21 st Ordinary) Session Geneva, September 23 to October 2, 2013 MATTERS CONCERNING THE INTERGOVERNMENTAL COMMITTEE
More informationDeclaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm)
Declaration of the Rights of the Free and Sovereign People of the Modoc Indian Tribe (Mowatocknie Maklaksûm) We, the Mowatocknie Maklaksûm (Modoc Indian People), Guided by our faith in the One True God,
More informationThe content/substance of protection for TK and TCEs: other resources. Wend Wendland. Director (a/g) and Head, Traditional Knowledge Division, WIPO
The content/substance of protection for TK and TCEs: WIPO s Draft Provisions and other resources Wend Wendland Director (a/g) and Head, Traditional Knowledge Division, WIPO Structure of presentation The
More informationAd Hoc Expert Group on Traditional Knowledge and Traditional Cultural Expressions
E ORIGINAL: ENGLISH DATE: NOVEMBER 26, 2018 Ad Hoc Expert Group on Traditional Knowledge and Traditional Cultural Expressions Geneva, December 9, 2018 SUBSTANTIVE BACKGROUND NOTE Prepared by the International
More information11 th Session of the Permanent Forum on Indigenous Issues
11 th Session of the Permanent Forum on Indigenous Issues Comprehensive Dialogue with the World Intellectual Property Organization (WIPO) May 10, 2012 Outline Introduction key messages What is WIPO? Intellectual
More informationSecond medical use or indication claims. Mr. Antonio Ray ORTIGUERA Angara Abello Concepcion Regala & Cruz Law Offices Philippines
Question Q238 National Group: Title: Contributors: Reporter within Working Committee: PHILIPPINES Second medical use or indication claims Mr. Alex Ferdinand FIDER Mr. Antonio Ray ORTIGUERA Angara Abello
More informationIntellectual Property Laws Amendment Bill
The Chairperson: Ms J L Fubbs MP Portfolio Committee Trade & Industry, Parliament Attention: Mr Andre Hermans Tel: 4033776; 0837098482; email: jfubbs@parliament.gov.za 18 October 2010 AFRICAN CENTRE FOR
More informationEXCO Lisbon 2002 REPORT
EXCO Lisbon 2002 REPORT Special Committee Q166 Intellectual Property Rights and Genetic Resources, Traditional Knowledge and Folklore Introduction As a result of extensive discussions on intellectual property
More informationDECLARATION ON THE FUNDAMENTAL RIGHTS OF THE CITIZENS OF THE SOVEREIGN STATE OF GOOD HOPE
DECLARATION ON THE FUNDAMENTAL RIGHTS OF THE CITIZENS OF THE SOVEREIGN STATE OF GOOD HOPE AFFIRMING that the Khoe-San Nation is equal in dignity and rights to all other peoples in the State of Good Hope.
More informationIntergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore
E WIPO/GRTKF/IC/25/4 ORIGINAL: ENGLISH DATE: APRIL 4, 2013 Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore Twenty-Fifth Session Geneva, July
More informationInformation Note 1. for IGC 34 DISCUSSIONS UNDER AGENDA ITEM 8 TAKING STOCK OF PROGRESS AND MAKING A RECOMMENDATION TO THE GENERAL ASSEMBLY
1 Information Note 1 for IGC 34 DISCUSSIONS UNDER AGENDA ITEM 8 TAKING STOCK OF PROGRESS AND MAKING A RECOMMENDATION TO THE GENERAL ASSEMBLY Prepared by Mr. Ian Goss, the IGC Chair Introduction At the
More informationINTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES TRADITIONAL KNOWLEDGE AND FOLKLORE
E WIPO/GRTKF/IC/17/INF/5(D) ORIGINAL: ENGLISH DATE: DECEMBER 6, 2010 INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES TRADITIONAL KNOWLEDGE AND FOLKLORE Seventeenth Session Geneva,
More informationGENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
WIPO WIPO/GRTKF/IC/9/INF/3 ORIGINAL: English DATE: March 30, 2006 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL
More informationSWAKOPMUND PROTOCOL ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND EXPRESSIONS OF FOLKLORE
AFRICAN REGIONAL INTELLECTUAL PROPERTY ORGANIZATION (ARIPO) SWAKOPMUND PROTOCOL ON THE PROTECTION OF TRADITIONAL KNOWLEDGE AND EXPRESSIONS OF FOLKLORE ARIPO Swakopmund, Namibia 2010 Swakopmund Protocol
More informationKey Policy Issues on Intellectual Property and Traditional Cultural Expressions. Prof. Paul Kuruk 1
Key Policy Issues on Intellectual Property and Traditional Cultural Expressions by Prof. Paul Kuruk 1 I. INTRODUCTION The goals of my presentation are two fold. First, I will survey preliminary background
More informationFrom Law of Patents, Layout Designs of Integrated Circuits, Plant Varieties, and Industrial Designs, Chapter Two:
Saudi Patent Office Contents Section 1: General... 1 Section 2: Private and/or non-commercial use... 2 Section 3: Experimental use and/or scientific research... 3 Section 4: Preparation of medicines...
More informationKnowledge and Folklore, Draft Gap Analysis on the Protection of Traditional Knowledge. Document prepared
COMMENTS AND OBSERVATIONS BY THE NATIONAL COMMISSION FOR THE DEVELOPMENT OF INDIGENOUS PEOPLES (CDI) ON THE DRAFT WORKING DOCUMENTS PREPARED BY THE SECRETARIAT OF THE WORLD INTELLECTUAL PROPERTY ORGANIZATION
More informationComments on the List of Issues from Japan (TCEs/EoF)
Comments on the List of Issues from Japan (TCEs/EoF) [General Remarks] Japan recognizes that the issue of traditional cultural expressions (TCEs)/expressions of folklore (EoF) is important for many member
More informationIt has been almost six years
S outh E ast A sia R egional Initiatives for C ommunity E mpowerment Units 208/331 Eagle Court Condominium No. 26 Matalino Street, Central District, Diliman, Quezon City, PHILIPPINES Tel: (632)9247544
More informationEstablishment of the WIPO Voluntary Fund for Accredited Indigenous and Local Communities
E Establishment of the WIPO Voluntary Fund for Accredited Indigenous and Local Communities Annex to document WO/GA/32/6 as approved by the WIPO General Assembly (32 nd session) and as subsequently amended
More informationEconomic and Social Council
UNITED NATIONS E Economic and Social Council Distr. GENERAL E/C.12/GC/17 12 January 2006 Original: ENGLISH COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS Thirty-fifth session Geneva, 7-25 November 2005
More informationTHE GAP BETWEEN INDIGENOUS PEOPLES DEMANDS AND WIPO S FRAMEWORK ON TRADITIONAL KNOWLEDGE INSIDE THIS BRIEF
THE GAP BETWEEN INDIGENOUS PEOPLES DEMANDS AND WIPO S FRAMEWORK ON TRADITIONAL KNOWLEDGE I. INTRODUCTION i Traditional knowledge (TK) has, for centuries, played an important role in the lives of indigenous
More informationPlease provide to following details on the origin of this report on benefit sharing Contracting Party National Focal Point. and Water Management
Please provide to following details on the origin of this report on benefit sharing Contracting Party AUSTRIA National Focal Point Full name of the institution: Name and title of contact officer: Mailing
More informationIGC 28: Informal Information Session
IGC 28: Informal Information Session Presentation by the Secretariat June 18, 2014 Geneva Welcome and Introduction Mr. Wend Wendland Director, Traditional Knowledge Division Extracts from IGC mandate 2014-2015...
More informationHow patents work An introduction for law students
How patents work An introduction for law students 1 Learning goals The learning goals of this lecture are to understand: the different types of intellectual property rights available the role of the patent
More informationACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF BENEFITS ARISING FROM THEIR UTILIZATION
CBD Distr. LIMITED UNEP/CBD/COP/10/L.43* 29 October 2010 CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Tenth meeting Nagoya, Japan, 18-29 October 2010 Agenda item 3 ORIGINAL: ENGLISH
More informationNote by the Executive Secretary
CBD AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING Eighth meeting Montreal, 9-15 November 2009 Distr. GENERAL UNEP/CBD/WG-ABS/8/3 9 September 2009 ORIGINAL: ENGLISH COLLATION OF OPERATIVE
More informationThe Trans-Pacific Partnership
The Trans-Pacific Partnership A Side-By-Side Comparison with: Comparison Vol. 3 (Rev.) The United States - Colombia Trade Promotion Agreement of 2012 The United States - Korea Free Trade Agreement of 2012
More informationUtilization of Prior Art Evidence on TK: Opportunities and Possibilities in the International Patent System
Utilization of Prior Art Evidence on TK: Opportunities and Possibilities in the International Patent System New Delhi, India March 23 2011 Begoña Venero Aguirre Head, Genetic Resources and Traditional
More informationProfessor Dr Lim Heng Gee Faculty of Law Universiti Teknologi MARA, Shah Alam, Selangor, Malaysia
Seminar on Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Regional, National and Local Experiences 30 March 1 April 2015 World Intellectual Property
More informationPACIFIC ISLAND FORUM COUNTRIES REGIONAL FRAMEWORK.
WIPO SEMINAR ON INTELLECTUAL PROPERTY & GENETIC RESOURCES, TRADITIONAL KNOWLEDGE & TRADITIONAL CULTURAL EXPRESSION: REGIONAL, NATIONAL AND LOCAL EXPERIENCES. (MARCH 30 TH - APRIL 1 ST 2015) PACIFIC ISLAND
More informationASSESSMENT AND REVIEW OF THE EFFECTIVENESS OF THE PROTOCOL (ARTICLE
CBD CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY SERVING AS THE MEETING OF THE PARTIES TO THE NAGOYA PROTOCOL ON ACCESS TO GENETIC RESOURCES AND THE FAIR AND EQUITABLE SHARING OF
More informationKLUWER LAW INTERNATIONAL. Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region.
KLUWER LAW INTERNATIONAL Traditional Knowledge, Traditional Cultural Expressions and Intellectual Property Law in the Asia-Pacific Region Edited by Christoph Antons I Wolters Kluwer Law & Business AUSTIN
More informationThe methods and procedures described must be directly applicable to production.
National Patent Administration Argentina Contents Section 1: General... 1 Section 2: Private and/or non-commercial use... 3 Section 3: Experimental use and/or scientific research... 3 Section 4: Preparation
More informationWIPO Conference on Enabling Creativity in the Digital Environment: Copyright Documentation and Infrastructure Geneva, October 2011
Max Planck Institute for Intellectual Property and Competition Law WIPO Conference on Enabling Creativity in the Digital Environment: Copyright Documentation and Infrastructure Geneva, 13-14 October 2011
More informationANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY ANNEX XVII REFERRED TO IN ARTICLE 5 PROTECTION OF INTELLECTUAL PROPERTY SECTION I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationGoal 11: Make cities and human settlements inclusive, safe, resilient and sustainable
Target 11.1 By 2030, ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums UDHR, art. 25: (1) Everyone has the right to a standard of living adequate for the
More informationGENEVA INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE
WIPO WIPO/GRTKF/IC/7/6 ORIGINAL: English DATE: August 27, 2004 WORLD INTELLECTUAL PROPERT Y O RGANI ZATION GENEVA E INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL
More informationThe Intellectual Property Laws Amendment Act 28 of 2013 (the Act) will come into operation on a date to be fixed by the President by proclamation.
The old and the new: A concise overview of the Intellectual Property Laws Amendment Act By André van der Merwe The Intellectual Property Laws Amendment Act 28 of 2013 (the Act) will come into operation
More informationOptions for Incorporating TK and Customary Law into MAT
Options for Incorporating TK and Customary Law into MAT Preston Hardison Vilm Workshop Tulalip Tribes of Washington July 6, 2009 page 1 Five General Approaches 1. Use existing IPR (trade secrets) 2. Accomodation
More informationFACILITATING PRIOR INFORMED CONSENT In the Context of Genetic Resources and Traditional Knowledge 1
Discussion Paper May 19, 2004 FACILITATING PRIOR INFORMED CONSENT In the Context of Genetic Resources and Traditional Knowledge 1 1. Introduction This paper traces the evolution of prior informed consent
More informationRepresentations on the draft Protection, Promotion, Development and Management of Indigenous Knowledge Bill, 2014
Representations on the draft Protection, Promotion, Development and Management of Indigenous Knowledge Bill, 2014 Submitted by Prof Sadulla Karjiker (BSc, LLB, LLM, LLD) Member of the IP Unit at the Faculty
More informationThe requirement of genuine use of trademarks for maintaining protection
Question Q218 National Group: The Philippines Title: Contributors: The requirement of genuine use of trademarks for maintaining protection Aleli Angela G. Quirino John Paul M. Gaba May A. Caniba-Llona
More informationProtection of Traditional Knowledge, Genetic Resources and Expressions of Folklore [ No. 16 of
Resources and Expressions of Folklore [ No. 16 of 2016 447 THE PROTECTION OF TRADITIONAL KNOWLEDGE, GENETIC RESOURCES AND EXPRESSIONS OF FOLKLORE ACT, 2016 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS
More informationTitle: The patentability criterion of inventive step / non-obviousness
Question Q217 National Group: China Title: The patentability criterion of inventive step / non-obviousness Contributors: [Heather Lin, Gavin Jia, Shengguang Zhong, Richard Wang, Jonathan Miao, Wilson Zhang,
More informationEGYPTIAN PATENT OFFICE
PCT Applicant s Guide National Phase National Chapter EG Page 1 EGYPTIAN PATENT OFFICE AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE SUMMARY THE PROCEDURE IN THE NATIONAL
More informationSui Generis Rights for the Protection of Traditional Cultural Expressions: Policy Implications
Kilian Bizer, Matthias Lankau and Gerald Spindler (dir.) Sui generis Rechte zum Schutz traditioneller kultureller Ausdrucksweisen Interdisziplinäre Perspektiven Göttingen University Press Sui Generis Rights
More informationTHE PATENT LAW 1. GENERAL PROVISIONS. Article 1. This Law shall regulate the legal protection of inventions by means of patents.
THE PATENT LAW 1. GENERAL PROVISIONS Article 1 This Law shall regulate the legal protection of inventions by means of patents. Article 2 This Law shall also apply to the sea and submarine areas adjacent
More informationINTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC)
INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE (IGC) EIGHTH SESSION, GENEVA, 6 TO 10 JUNE 2005 PROTECTING TRADITIONAL KNOWLEDGE: MISAPPROPRIATION,
More informationINTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES TRADITIONAL KNOWLEDGE AND FOLKLORE
E WIPO/GRTKF/IC/16/INF/5(C) ORIGINAL: ENGLISH DATE : MAY 3, 2010 INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES TRADITIONAL KNOWLEDGE AND FOLKLORE Sixteenth Session Geneva,
More informationWIPO General Assembly
E WO/GA/49/17 ORIGINAL: FRENCH/ENGLISH DATE: AUGUST 2, 2017 WIPO General Assembly Forty-Ninth (23 rd Ordinary) Session Geneva, October 2 to 11, 2017 PROPOSED WORK PROGRAM OF THE IGC FOR THE 2018/19 BIENNIUM
More informationQuestionnaire on Exceptions and Limitations to Patent Rights. The answers to this questionnaire have been provided on behalf of:
The answers to this questionnaire have been provided on behalf of: Country: Office: Republic of Poland Patent Office of the Republic of Poland Person to be contacted: Name: Piotr Czaplicki Title: Director,
More informationSelection Inventions the Inventive Step Requirement, other Patentability Criteria and Scope of Protection
Question Q209 National Group: Title: Contributors: AIPPI Indonesia Selection Inventions the Inventive Step Requirement, other Patentability Criteria and Scope of Protection Arifia J. Fajra (discussed by
More informationThe Protection of Traditional Knowledge:
The Protection of Traditional Knowledge: International developments and sui generis options World Bank Seminar September 2005 David Vivas Eugui ICTSD dvivas@ictsd.ch Road Map of the presentation Introduction
More informationA Patents, Copyrights, Intellectual Property Policy
A-02 Operations A-02-08 Patents, Copyrights, Intellectual Property Policy DATE EFFECTIVE August 1, 2000 LAST UPDATED September 24, 2014 INTRODUCTION: This statement sets forth the policy of the Oklahoma
More informationPatent Law of the Republic of Kazakhstan
Patent Law of the Republic of Kazakhstan With an adoption of the Law On Amendments and Additions for some legislative acts concerning an intellectual property of the Republic of Kazakhstan March 2, 2007,
More informationChapter 2 Beyond the CBD and the Nagoya Protocol: Other Instruments that Affect ABS and Intellectual Property
Chapter 2 Beyond the CBD and the Nagoya Protocol: Other Instruments that Affect ABS and Intellectual Property I. Introduction Chapter 1 provided a brief overview of the access and benefit sharing (ABS)
More informationDECISION 486 Common Intellectual Property Regime (Non official translation)
DECISION 486 Common Intellectual Property Regime (Non official translation) THE COMMISSION OF THE ANDEAN COMMUNITY, HAVING SEEN: Article 27 of the Cartagena Agreement and Commission Decision 344; DECIDES:
More informationAccess and Benefit Sharing (ABS)
Position Paper Access and Benefit Sharing (ABS) Sixth meeting of the Ad Hoc Open-ended Working Group on Access and Benefit Sharing (WGABS 6) Geneva, Switzerland, 21-25 January, 2008 Introduction The World
More informationIntellectual Property and Seed: Concerns & Caveats
Intellectual Property and Seed: Concerns & Caveats (Draft, not to be quoted) Shalini Bhutani National Conference on WTO, FTAs and Investment Treaties: Implications for Development Policy Space Jointly
More informationCHAPTER I GENERAL PROVISIONS
Republic Act No. 8371 AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING
More informationPATENT ACT (UNOFFICIAL CLEAR TEXT) I. GENERAL PROVISIONS
PATENT ACT NN 173/03, 31.10.2003. (in force from January 1, 2004) *NN 87/05, 18.07.2005. (in force from July 18, 2005) **NN 76/07, 23.07.2007. (in force from July 31, 2007) ***NN 30/09, 09.03.2009. (in
More informationUNIVERSITY OF ARIZONA GUIDELINES FOR RESEARCH AND INSTITUTIONAL ENGAGEMENT WITH NATIVE NATIONS
UNIVERSITY OF ARIZONA GUIDELINES FOR RESEARCH AND INSTITUTIONAL ENGAGEMENT WITH NATIVE NATIONS INTRODUCTION In February 2016, the Arizona Board of Regents (ABOR) adopted ABOR Tribal Consultation Policy
More informationTHE ACTS ON AMENDMENTS TO THE PATENT ACT */**/***/****/*****/******/*******
Patent Act And THE ACTS ON AMENDMENTS TO THE PATENT ACT */**/***/****/*****/******/******* NN 173/2003, in force from January 1, 2004 *NN 87/2005, in force from July 18, 2005 **NN 76/2007, in force from
More information2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
Submission of the Assembly of First Nations (AFN) on the Purpose, Content and Structure for the Indigenous Peoples traditional knowledge platform, 1/CP.21 paragraph 135 of the Paris Decision. INTRODUCTION
More informationINTELLECTUAL PROPERTY QUARTERLY UPDATE
SECOND QUARTER 2007 INTELLECTUAL PROPERTY QUARTERLY UPDATE AN INTERGOVERNMENTAL ORGANIZATION OF DEVELOPING COUNTRIES CENTER FOR INTERNATIONAL ENVIRONMENTAL LAW THE PROPOSED WIPO FRAMEWORK ON TRADITIONAL
More informationAct No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Some Acts as Amended (The Patent Act)
Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and on Amendment of Some Acts as Amended (The Patent Act) Amended by : Act No. 402/2002 Coll. Act No. 84/2007 Coll. Act No. 517/2007
More informationIntellectual Property Department Hong Kong, China. Contents
Intellectual Property Department Hong Kong, China Contents Section 1: General... 1 Section 2: Private and/or non-commercial use... 3 Section 3: Experimental use and/or scientific research... 3 Section
More informationStatement by the Tulalip Tribes of Washington on Folklore, Indigenous Knowledge, and the Public Domain July 09, 2003
INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE FIFTH SESSION GENEVA, JULY 5-17, 2003 Statement by the Tulalip Tribes of Washington on Folklore,
More informationINTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS, TRADITIONAL KNOWLEDGE & HUMAN RIGHTS
INTERFACE BETWEEN INTELLECTUAL PROPERTY RIGHTS, TRADITIONAL KNOWLEDGE & HUMAN RIGHTS Mr. RAJIB BHATTACHARYYA B.A, LL.B; LL.M, CCL, DEM, DHR, PGDBO Assistant Professor, University Law College, Gauhati University,
More informationProtecting traditional knowledge in Africa: Considering African approaches
AFRICAN HUMAN RIGHTS LAW JOURNAL Protecting traditional knowledge in Africa: Considering African approaches Loretta Feris* Associate Professor of Law and Research Associate, Centre for Human Rights, University
More informationMODULE X CURRENT TRIPS ISSUES*
MODULE X CURRENT TRIPS ISSUES* A. INTRODUCTION 1. Current issues The TRIPS Agreement was not envisaged as an entirely static legal instrument: TRIPS negotiators included several provisions within the Agreement
More informationQuestionnaire 2. HCCH Judgments Project
Questionnaire 2 HCCH Judgments Project Introduction 1) An important current project of the Hague Conference on Private International Law (HCCH) is the development of a convention on the recognition and
More informationMODULE. Conclusion. ESTIMATED TIME: 3 hours
MODULE 11 Conclusion ESTIMATED TIME: 3 hours 1 Overview I. MODULE 1 INTRODUCTION TO THE WTO SUMMARY... 3 II. MODULE 2 INTRODUCTION TO THE TRIPS AGREEMENT SUMMARY... 5 III. MODULE 3 COPYRIGHT AND RELATED
More informationSUDAN Patents Act Act No. 58 of 1971 ENTRY INTO FORCE: October 15, 1971
SUDAN Patents Act Act No. 58 of 1971 ENTRY INTO FORCE: October 15, 1971 TABLE OF CONTENTS Part I Preliminary Provisions Chapter I 1. Title 2. Definitions Chapter II Terms of Patentability 3. Patentable
More informationSection 1: General. This question does not imply that the topic of exclusions from patentability is dealt with in this question exhaustively.
Section 1: General 1. As background for the exceptions and limitations to patents investigated in this questionnaire, what is the legal standard used to determine whether an invention is patentable? If
More informationTraditional Measures and Management of Rights
Traditional Measures and Management of Rights Republic of Fiji over 300 islands The People of Fiji Fiji s population as per recent census around 800,000 Fiji is a multicultural society with a mix of people
More informationPLANT VARIETIES ACT OF BANGLADESH
PLANT VARIETIES ACT OF BANGLADESH September 29, 1998 Text proposed by the National Committee on Plant Genetic Resources The National Committee on Plant Genetic Resources (NCPGR) has prepared the following
More informationANNEX XV REFERRED TO IN ARTICLE 7 PROTECTION OF INTELLECTUAL PROPERTY
ANNEX XV REFERRED TO IN ARTICLE 7 PROTECTION OF INTELLECTUAL PROPERTY ANNEX XV REFERRED TO IN ARTICLE 7 PROTECTION OF INTELLECTUAL PROPERTY SECTION I GENERAL PROVISIONS Article 1 Definition of Intellectual
More informationHuman Rights, Knowledge and Intellectual Property Protection
Journal of Intellectual Property Rights Vol 11, January 2006, pp 7-14 Human Rights, Knowledge and Intellectual Property Protection Philippe Cullet School of Oriental and African Studies (SOAS), University
More informationPROTECTING TRADITIONAL KNOWLEDGE FOR INDIGENOUS PEOPLES: THE EFFECTIVENESS OF INTERNATIONAL HUMAN RIGHTS REMEDIES
Just a Matter of Time? Expanding The Temporal Jurisdiction of the Inter-American Court to address Cold War Wrongs PROTECTING TRADITIONAL KNOWLEDGE FOR INDIGENOUS PEOPLES: THE EFFECTIVENESS OF INTERNATIONAL
More informationFINLAND Patents Act No. 550 of December 15, 1967 as last amended by Act No. 101/2013 of January 31, 2013 Enter into force on 1 September 2013
FINLAND Patents Act No. 550 of December 15, 1967 as last amended by Act No. 101/2013 of January 31, 2013 Enter into force on 1 September 2013 TABLE OF CONTENTS CHAPTER 1 General Provisions Section 1 Section
More information