Community Resources: Intellectual Property Systems, Traditional Knowledge, and the Global Legal Authority of Community
MANAGING THE COMMONS: INDIGENOUS RIGHTS, ECONOMIC DEVELOPMENT AND IDENTITY, pp. 53-85, L. Merino & J. Robson, eds., Coyoacan, 2006
31 Pages Posted: 12 Aug 2009
Date Written: July 1, 2006
Abstract
This paper examines the problem of protecting indigenous interests (traditional knowledge, folklore, genetic resources) within the international institutional framework of international intellectual property law, and asserts a model for international protection that departs from intellectual property, recognising sui generis interests in those resources. The paper introduces the relationship between individual intellectual property rights and international trade between States (enshrined in the form of the WTO TRIPS Agreement), and the impact of embracing individual competition within principles of international trade. It argues that where States become entitled to act upon individual rights (for instance, where the interests of major exporting firms may influence the agenda of international trade), the relationship between contracting States becomes agonistic and competitive, contrary to the principles of international trade, and denying other forms of custodianship based on communal and customary practices. In order that indigenous interests are not constrained within the economic objectives of international trade, and are not protected in a way that is culturally irrelevant and inappropriate, a conceptualisation and regulation of these interests must occur through sui generis responses based on reciprocity between States and community autonomy.
Keywords: Traditional knowledge, indigenous knowledge, intellectual property, sui generis protection, community
JEL Classification: K39
Suggested Citation: Suggested Citation