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Striking a balance between progressive appropriation of TK through IPRs, Cultural Preservation and Access to Knowledge Comments. L. N. SIMONOVA Deputy Director International cooperation Department ROSPATENT.
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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
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?
Use of existing intellectual property laws: – Unfair competition – Patents – Distinctive signs – The law of confidentiality
Adaptations of existing IP through sui generis measures Use of sui generis exclusive rights
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
Laws are not enough: capacity strengthening and institution building
Thank you!! LSimonova@rupto.ru