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RED DE PROPIEDAD INTELLECTUAL E INDUSTRIAL EN LATINOAMÉRICA PILA-Network is a project co-funded by the European Union in the framework of the ALFA programme.

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Presentation on theme: "RED DE PROPIEDAD INTELLECTUAL E INDUSTRIAL EN LATINOAMÉRICA PILA-Network is a project co-funded by the European Union in the framework of the ALFA programme."— Presentation transcript:

1 RED DE PROPIEDAD INTELLECTUAL E INDUSTRIAL EN LATINOAMÉRICA PILA-Network is a project co-funded by the European Union in the framework of the ALFA programme MODULE 2 IP BASICS Traditional Knowledge

2 TRADITIONAL KNOWLEDGEKNOWLEDGE VALUE STATE OF MANAGEMENT LEVEL OF PUBLIC OWNERSHIP

3 PLANT VARIETY PROTECTION TWO MAIN INTELLECTUAL PROPERTY REGIMES PATENT RIGHTS SUI GENERIS SYSTEM (PLANT VARIETY LAW)

4 TRADITIONAL KNOWLEDGE NARROW SENSE TK may include environmental agricultural medicinal knowledge knowledge associated with genetic resources WIDE SENSE (TK IN A NARROW SENSE + SOME COMPONENTS OF TCE) TK may include agricultural knowledge scientific knowledge technical knowledge ecological knowledge medicinal knowledge (including medicines and remedies) biodiversity-related knowledge TCE in the form of music, dance, song, handicrafts, designs, stories and artwork, elements of languages, such as names, geographical indications and symbols movable cultural properties.

5 NATURE OF TK Traditional Passed between generations Holistic Not produced systematically Dinamic

6 EXAMPLES OF TK jamu jamu which is traditional Indonesian herbal medicine plao noi plao noi used in Thailand for the treatment of ulcers neem tree Indian neem tree used for medicinal treatment Olmakutikuti Olmakutikuti which is a traditional herb for treating sexually transmitted diseases turmeric turmeric used in India for wound-healing qanat qanat which is water system in Iran for sustainable irrigation aflaj aflaj which is water system in Oman and Yemen for sustainable irrigation j ’ oublie j ’ oublie used in Cameroon and Gabon as a sweetener ayahuasca ayahuasca used in Amazon basin for sacred religious and healing purposes

7 PURPOSE OF TK PROTECTION promote a sense of national cohesion and identity preserve and conserve TK protect the dignity of holders of TK recognize the rights of TK holders to maintain control, protect and develop their TK prevent of unauthorized TK use by others (protect against misuse or misappropriation) encourage and promote TK-based innovations

8 SYSTEMS OF TK PROTECTION 1.IPRs PROTECTION STARTEGIES i.Positive protection Preventing the unauthorized or illegitimate use of TK ii. Defensive protection Preventing the acquisition of IPR over TK 2. SUI GENERIS SYSTEM

9 SYSTEMS OF TK PROTECTION OHER LEGAL CONCEPTS Prior informed consent Unfair competition Equitable benefit sharing INTERNATIONAL ACTS - EXAMPLES Convention on Biological Diversity United Nation Convention to Combat Desertification International Treaty on Plant Genetic Resources for Food and Agriculture

10 RIGHT HOLDERS RIGHT HOLDERS OF TK AN INDIVIDUAL MULTIPLE INDIVIDUALS WHOLE COMMUNITY

11 COMMERCIALIZATION OF TK Indian neem tree is used as an antiseptics, antimicrobials treatment of urinary disorders, diarrhoea, fever and bronchitis, skin diseases, septic sores, infected burns, hypertension and inflammatory diseases. Sorce (informations about neem tree and the photo): J. Cornborough, Neem: An Ancient Cure for a Modern World, Positive Health Online,

12 COMMERCIALIZATION OF TK TWO EXAMPLES OF EXPLOITATION OF neem tree IN MODERN COSMETICS AND MEDICINE BY TREEPLUS COMPANY 1.Neemplus ® Lotion usuf for dermatitis, all dry skin disorders, eczema 2.Neemplus ® Capsules taken to feel stronger Source (informations and photos):

13 COMMERCIALIZATION OF TK URUKU TREE serves the Brazilian Yawanawa tribe e.g. as an insect repellant or to produce uruku pigment. Source (photo): URUKU PIGMENT is exploited by the company Aveda Corporation (today part of Est é e Lauder Companies Inc.) as an ingredient of different kind of cosmetics Photo taken by Faith Lawless, source:

14 MONOPOLIZATION OF TK THROUGH IPRs 1.The plao noi case 2.The ayahuasca case 3.The taumatin case 4.The neem tree case BIOPIRACY – unauthorized use of TK

15 FORMS OF ILLEGAL BEHAVIOR ILLEGAL ACTS i.Acts prohibited under IPR laws ii.Acts prohibited under sui generis laws MISAPPROPRIATION SANCTIONS – different forms

16 WIPO INTERGOVERNMENTAL COMMITTEE ON INTELLECTUAL PROPERTY AND GENETIC RESOURCES, TRADITIONAL KNOWLEDGE AND FOLKLORE – ESTABLISHMENT MAIN OBJECTIVE MAIN OBJECTIVE - RESEARCH ON THE PRESERVATION AND PROTECTION OF TK DRAFT PROVISIONS DRAFT PROVISIONS FOR THE PROTECTION OF TK AGAINST MISAPPROPRIATION AND MISUSE

17 RED DE PROPIEDAD INTELLECTUAL E INDUSTRIAL EN LATINOAMÉRICA PILA-Network is a project co-funded by the European Union in the framework of the ALFA programme Thank you for your attention 17


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