INTERNATIONAL INTELLECTUAL PROPERTY LAW

International Intellectual Property Law

International Intellectual Property Law

Many developing countries are seeking to introduce legislation to avoid the misappropriation of traditional knowledge.

Traditional knowledge (TK), indigenous knowledge (IK), traditional environmental knowledge (TEK) and local knowledge generally refer to the long-standing traditions and practices of certain regional, indigenous, or local communities. Traditional knowledge also encompasses the wisdom, knowledge, and teachings of these communities. In many cases, traditional knowledge has been orally passed for generations from person to person. Some forms of traditional knowledge are expressed through stories, legends, folklore, rituals, songs, and even laws. Other forms of traditional knowledge are often expressed through different means.

"Traditional knowledge" is not recognized as "knowledge" by all who study it since it includes beliefs, values and practices.

Such knowledge typically distinguishes one community from another. For some communities, traditional knowledge takes on a personal and spiritual meaning. Traditional knowledge can also reflect a community's interests. Some communities depend on their traditional knowledge for survival. This is particularly true of traditional environmental knowledge, which refers to a "particular form of place-based knowledge of the diversity and interactions among plant and animal species, landforms, watercourses, and other qualities of the biophysical environment in a given place" (Peña, 2005, p. 198). An example of a society with a wealth of TEK is the South American Kayapo people, who have developed an extensive classification system of ecological zones of the Amazonian tropical savannah (i.e., campo / cerrado) to better manage the land (Posey, 2008, p. 90).

Cosmological connections and differences in worldview distinguish "traditional knowledge" from "local knowledge". Social scientists often place knowledge within a naturalistic framework, and emphasize the gradation of recent knowledge into knowledge acquired over many generations. These accounts use terms like "adaptively acquired knowledge", "socially constructed knowledge," and other terms that emphasize the social aspects of knowledge. Local knowledge and traditional knowledge may be thought of as distinguished by the length of time they have existed - decades to centuries versus millennia. A large number of scholarly studies in the naturalistic tradition demonstrate that traditional knowledge is not a natural category, and may reflect power struggles and relationships for land, resources and social control than adherence to a claimed ancestry or heritage.

Traditional knowledge, on the other hand, may be perceived very differently by indigenous and local communities themselves. Western society has gone through many traumatic episodes over the past five centuries to separate secular knowledge from spiritual knowledge. This is generally not the case for indigenous and local communities. Their knowledge is often embedded in a cosmology, and the distinction between "intangible" knowledge and physical things is often blurred. Indigenous peoples often say that "our knowledge is holistic, and cannot be separated from our lands and resources". Traditional knowledge in these cosmologies is inextricably bound to ancestors, and ancestral lands. Knowledge may not be acquired by naturalistic trial and error, but through direct revelation through conversations with the Creator, spirits, or ancestors. As Chamberlin (2003) writes of a Gitksan elder from British Columbia confronted by a government land ...