Since the adoption of the Universal Declaration of Human Rights (UDHR) in 1948, intellectual property (IP) has been considered a fundamental human right for all peoples. Article 27 of the Declaration states that everyone has the right “to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” Since 1948, many international human rights instruments and documents have reinforced the importance of IP as a human right.

This handbook represents a step forward in the realization of Article 27 of the UDHR as it attempts to explain the implications and possible solutions to human rights issues surrounding IP for traditional knowledge holders.

This handbook is designed to make intellectual property protection issues and options more understandable to traditional knowledge holders and human rights organizations and legal professionals working with local and indigenous communities. This resource will help traditional knowledge holders identify potentially applicable protection mechanisms in the current intellectual property rights (IPRs) regime.

In addition to introducing basic intellectual property concepts, this handbook contains a series of exercises to help the reader identify traditional knowledge, classify that knowledge, and think about that knowledge in terms of the goals and interests of the entire community. By working through the exercises in this handbook, the reader will be presented with the appropriate intellectual property option or options that may be employed to protect the traditional knowledge of his or her community.

The field of intellectual property rights is rapidly changing and laws vary from country to country. This handbook attempts to provide an accurate summary of general intellectual property concepts and options. All options are subject to national laws and legislation. Therefore, before pursuing any option, it is important to check with local legislation. Additionally, any intellectual property option mentioned in this handbook should not be pursued without consulting appropriate legal advisors.

This handbook should not be used to advise a community on a specific action to take regarding a specific case, but instead used as a tool for forming a general IP strategy to protect and sustain a community’s knowledge and biological diversity. (Forward)

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AAAS Handbook on Intellectual Property and Traditional Knowledge

Traditional Knowledge and Intellectual Property: A Handbook on Issues and Options for Traditional Knowledge Holders in Protecting their Intellectual Property and Maintaining Biological Diversity.

PERSONAL AUTHORS: Hansen, Stephen and VanFleet, Justin
CORPORATE AUTHOR: American Association for the Advancement of Science (AAAS) Science and Human Rights Program
PLACE OF PUBLICATION: Washington, DC
PUBLISHER: AAAS
ADDRESS: 1200 New York Avenue, NW Washington, DC 20005 United States of America
TELECOMMUNICATIONS: tel: 1.202.326.6600; fax: 1.202.289.4950
DATE OF PUBLICATION: July 2003
ISBN 0-87168-690-2

Download Traditional Knowledge and Intellectual Property: A Handbook

PDF format, 2.4MB, 82Pages.

Table of Contents:

Foreword

Part I – Introduction .......................... 1
What is Traditional Knowledge? ............. 3
What Are Intellectual Property Rights? ........................ 4
Why Traditional Knowledge Holders Should be Concerned.............. 4

Part II – Possible Intellectual Property Protection Options for Traditional Knowledge Holders  ..... 7
Patents
Petty Patent Models
Plant Patents
Plant Variety Certificates
Traditional Knowledge Registries
Trade Secrets
Trademarks
Geographical Indicators
Prior Art and Defensive Disclosure
Prior Informed Consent
Sui Generis Protection Systems
Access and Benefit-Sharing
Contracts – the Basics
Protected/Conservation Areas

Documenting Knowledge.....................................................................35
Suggestions for Documenting Traditional Knowledge

Part III – Exercises: Identifying Traditional Knowedge..............................39
Exercise One – Locating and Identifying Traditional Knowledge..................41
Exercise Two – Identifying Who Holds the Knowledge ..............................44
Exercise Three – Identifying Intellectual Property Options.........................47

Example
Worksheets A, B, and C

Part IV– Implementing an Intellectual Property Strategy ..........................55
Following through with an IP Option......................................................57
Exercise Four – Follow through with an IP Option ....................................59

Boxed Asides
International Human Rights Instruments Addressing Intellectual Property
The Public Domain, Prior Art, and Defensive Disclosure
A Sui Generis System in Costa Rica
Issues Surrounding IPRS and Traditional Knowledge
Case Illustration One – Lessons from Maca in the United States
Case Illustration Two – Lessons from Ayahuasca
Case Illustration Three – Registries in India
Case Illustration Four – An American Secret that Kept Paying Royalties
Case Illustration Five - Could the Yellow Bean Dilemma have been Avoided with a Certification Mark?
Case Illustration Six – Basmati Rice as a Geographical Indicator
Case Illustration Seven – Trade Secret for Benefit Sharing in Ecuador
Case Illustration Eight – The Kraho Indians of Brazil: Misrepresentation in Contractual Agreements
Obtaining Professional IP Counsel
Suggestions When Forming an Indigenous IP Committee

Figures
Figure 1. Where is TK Located?
Figure 2. Basic Contract Elements and Options
Figure 3. Matrix of Management Objectives and IUCN Protected
Area Management Categories

Annexes
Annex 1. Patent Cooperation Treaty (PCT) Members
Annex 2. Member States to the Convention on Biological Diversity
Annex 3. Member States to the Agreement on Trade Related Aspects of Intellectual Property (TRIPs)
Annex 4. Member States to the Convention for the Protection of New Plant Varieties (UPOV)

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