A Analysis on sui generis Systems for Intellectual Property Protection of Traditional Knowledge in WIPO Member Countries

Abstract

The study aims to analyze on sui generis systems for intellectual property protection of traditional knowledge in World Intellectual Property Organization (WIPO) member countries. The data were collected from the Reports submitted to WIPO Intergovernmental Committee (see annex 1. 2). First, whereas developing countries have preferred to a sui generis system, existing mechanisms for the protection of traditional knowledge seems to be the preference of advanced countries which are USA and Japan. Second, the perceived limitations in the application of intellectual property laws and procedures to the protection of traditional knowledge are novelty or originality (49.2%), individual/collective creation (36.1%), informal nature of traditional knowledge (32.8%), inventive step or non-obviousness (31.1%), and term of protection (23.0%). Third, the important factors which are for the policy choices reflected in the sui generis measures and laws for the protection of tradition knowledge are legal and policy framework, policy tool, policy objectives, and form of protection.