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PROTECTING TRADITIONAL KNOWLEDGE AMID DIFFUSE(D) KNOWLEGDE: A NEW TASK FOR ABS REGIMES?. Dr. Evanson Chege Kamau, University of Bremen. PROTECTING AND REWARDING TK?. PROTECTING REWARDING. PROTECTING AND REWARDING TK?. SHOULD TK BE PROTECTED AND REWARDED? YES WHY PROTECT TK?.
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PROTECTING TRADITIONAL KNOWLEDGE AMID DIFFUSE(D) KNOWLEGDE: A NEW TASK FOR ABS REGIMES? Dr. Evanson Chege Kamau, University of Bremen
PROTECTING AND REWARDING TK? • PROTECTING • REWARDING
PROTECTING AND REWARDING TK? • SHOULD TK BE PROTECTED AND REWARDED? • YES • WHY PROTECT TK?
JUSTIFICATIONS • TK-SPECIFIC (mostly quoted); inter alia: • Encompasses vital information and know-how • A vital lead for many conventional industrial products • Helps to sustain the livelihoods of80% of the world’s population • Abate free-riding (unfair and unjust appropriation) • Stop monopolization of benefits from TK by a few
JUSTIFICATIONS • NOVEL (based on TK´s dynamism): • TK has an ongoing role in the dev. of science • Mondia Tonic • Mosquito Repellent • Aloe Body Products • TK has a future role in the dev. of science • Research in progress – in search of the next malaria wonderdrug • Co-op. between traditional healers and plant chemists
WHY ALLOW PROTECTION OF CONVENTIONAL INVENTION AND NOT TK? • ENCOURAGE INVENTION (incentive-to-invent theory) • ENCOURAGE DISCLOSURE (incentive-to-disclose theory) • ENCOURAGE INNOVATION (incentive-to-innovate theory)
DO IPRs JUSTIFICATIONS APPLY TO TK? • YES • WHY? • TK also fulfils goals intended by conventional IPP (naturally): • Invention • Disclosure • Innovation • SUFFICIENT QUALIFYING JUSTIFICATIONS
EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – A HARD TASK? • NO EASY TASK FOR ABS REGIMES • ONE HURDLE FOR ABS: • “Diffuse(d) (Traditional) Knowledge” • “Traditional knowledge held privately by individuals who are isolated or estranged from indigenous and local communities” • Is DTK really a hurdle to effective protection of TK and benefit sharing? • Yes
EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – A HARD TASK • IDENTIFIABLE BLOCKS OF TK TRAD. KNOWL. IK LWD WWD
EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – A HARD TASK • RIGHTS – WIDER SPECTRUM WWD IK LWD INDIG./LOC. COMMS
EFFECTIVE REGULATION OF ACCESS TO TK AND BENEFIT SHARING – THE TASK • NARROW SPECTRUM USER IK DIFFUSE(D) KNOWL.
HURDLE TO HURDLES: IDENTIFIABLE HURDLES • FREE-RIDING: • Unjust • Unfair • UNDERCUTTING • EASY ACCESS – LOOSE DISSEMINATION POINT OR CHANNEL (ALSO GR) • WEAKEN PIC SYSTEM
HURDLE TO HURDLES: IDENTIFIABLE HURDLES • HINDER DISCLOSURE • HINDER INNOVATION • THREATEN EXISTENCE OF TK • MAKE PRACTICE LESS LUCRATIVE • REPUTATION OF TK • ETC.
PROPOSED ANTIDOTES • FUNDS • PIC FOR LOCAL INSTITUTIONS AND INDUSTRIES • I & LC: CO-PARTIES IN CONTRACTS • TK INVENTORY – DATABASES • CATEGORIZATION/CLASSIFICATION OF TK • IPA: DISCLOSURE OF SOURCE • IPA: PIC
PROPOSED ANTIDOTES • IPA: DOCTRINE OF NOVELTY • IPA: IMMUNITIES • IPA: PROTECTION OF NEW HERBAL FORMULATIONS • STANDARDS OF EFFICACY • REGISTRATION OF HERBAL MED. PRACTICE • CoCs FOR BASIC RESEARCHERS
PROPOSED ANTIDOTES • I & LC: CO-AUTHORS IN PUBLICATIONS CONTAINING INFORMATION PROVIDED BY THEM • DEFINITIONS OF TK