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Striking a Balance: TK Protection, Cultural Preservation, and Access to Knowledge

Exploring the relationship between intellectual property protection, cultural preservation, and access to knowledge, addressing the needs of TK custodians and proposing legal concepts for TK protection. Prior Informed Consent, equitable benefit-sharing, and capacity strengthening are crucial elements.

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Striking a Balance: TK Protection, Cultural Preservation, and Access to Knowledge

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  1. Striking a balance between progressive appropriation of TK through IPRs, Cultural Preservation and Access to KnowledgeComments L. N. SIMONOVA Deputy Director International cooperation Department ROSPATENT

  2. What lies at the cross-roads between IP protection, cultural preservation and access to knowledge? • The ‘cross-cultural problem’ • What is the relationship between IP ‘protection’ and the ‘preservation and safeguarding’ of TK? • What are the needs and expectations of TK custodians?

  3. Use of existing intellectual property laws: – Unfair competition – Patents – Distinctive signs – The law of confidentiality

  4. Adaptations of existing IP through sui generis measures Use of sui generis exclusive rights

  5. Other legal concepts for the protection of TK • Prior Informed Consent (PIC) • Equitable benefit-sharing • Unfair competition • Respect for customary laws and practices • Defensive Protection – Safeguarding against Illegitimate IP Rights over TK

  6. Laws are not enough: capacity strengthening and institution building

  7. Thank you!! LSimonova@rupto.ru

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