La protección de los conocimientos tradicionales desde una perspectiva económica

Abstract

This article focuses on the proposal of the protection of traditional knowledge expressed in documents prepared by the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, of the World Intellectual Property Organisation. Firstly, the characteristics of this protection proposal that could result in more determining factors from an economics point of view are highlighted. Secondly, an analysis is made of how the different types of exchanges covered by this protection may be developed. As regards the exchanges in which the transfer of knowledge plays an important role, the article underlines the problems of informational asymmetry that can work against the interests of the community. From where it emerges that it may be generally more advisable that the communities have some external, preferably public, support. As regards exchanges of products arising from traditional knowledge, it is argued that the protection may be more effective by other more direct means. The help of distinctive signs, such as collective marks, is underlined, as well as protected denominations of origin, and protected geographic indications that may be used. In a later section, a comparison is made by contrasting the orientation and justification of the protection proposal in the previously mentioned documents with the justification that Welfare Economics offers to intellectual and industrial property. The article ends by suggesting that, notwithstanding the aforementioned, the internationalisation process of the intellectual and industrial property may justify, for reasons of reciprocity, measures or protection of traditional knowledge.