Diversity of reactions among local people upon commercialization of traditional knowledge under intellectual property rights systems

Abstract

The purpose of this study is to focus on the diversity of reactions among local people caused by the commercialization of traditional knowledge under intellectual property rights systems. While intellectual property rights systems tend to be globally unified, as in the negotiations regarding TTP (Trans-Pacific Partnership), local people having traditional knowledge react to and cope with such systems diversely; some reject such systems while others positively adopt such systems. This study specifically focuses on local people's diverse reactions and responses to the existing intellectual property rights systems. The cases from Hawaii illustrate that there are a variety of potential relationships between intellectual property rights systems and traditional knowledge. The analyses contained in this paper also show that, in cases where traditional knowledge is commercializing through intellectual property rights systems, it is advantageous for an enterprise as a rights holder to attempt to pursue a dialogue with local people, rather than simply pursue a patent right secretly in order to claim exclusive control over intellectual property rights. Through such a dialogue, risks for business development may be reduced and the values of cultural resources may be enhanced.