Protection Of Traditional Knowledge Research Articles

Implementation of Traditional Knowledge Protection of Enbal Processing

Implementation of Traditional Knowledge Protection of Enbal Processing

Принцип предварительного обоснованного согласия на использование традиционных знаний

Corporations make huge profits from the use of traditional indigenous knowledge, but the owners of this knowledge often receive no compensation. This is illustrated by litigation on biopiracy widely discussed in the foreign media. The author argues that the classical mechanisms for protecting intellectual property, which have proven to be effective, are not suitable for protecting the traditional knowledge of indigenous peoples. Transnational companies take advantage of gaps in the legal protection of traditional knowledge, patenting both their own production methods and methods of using plants in medicine, and registering traditional images of tribal peoples as their own designs. Protecting traditional knowledge of indigenous peoples requires the creation of new models of protection, a key element of which is obtaining the prior informed consent of the indigenous community to access and use traditional knowledge.

Harnessing the economic value of indigenous knowledge in Kenya: a qualitative review of the legal framework

Purpose Commercial entities have recently expressed growing interest in commercialising indigenous knowledge (IK) due to its enormous economic and intrinsic value. As this happens, custodial communities must not be disadvantaged in the process. This paper aims to understand the legal framework of the commercialisation of IK to identify the opportunities and factors impeding or affecting the commercialisation of indigenous knowledge in Kenya. Design/methodology/approach The study used a qualitative research approach. An extensive exploratory literature review of existing legal instruments was done to establish the progress and gaps for commercialising indigenous knowledge in Kenya. Findings The study shows that the legal framework of IK in Kenya is inadequate. There are no well-established frameworks and policies to protect IK in Kenya, and thus, host communities are subjected to exploitation. The diversity of tribes and communities makes it challenging to have a clear framework, mainly because IK is a devolved function. The study identifies the Protection of Traditional Knowledge and Cultural Expressions Act 2016, The National Museums and Heritage Act 2006 and the Natural Products Industry as the key milestones towards commercialisation of IK, while inadequate documentation of IK, communal ownership and inadequate legislation were identified as the main impediments to commercialisation of IK in Kenya. Research limitations/implications Owing to the diverse cultures and tribal communities in Kenya, the research could not access all the literature on all traditional IK in Kenya, and very few case studies have been conducted in Kenya. Practical implications The gaps identified in the legal framework can form a basis for legislation, policy change, actions and research needed to improve the commercialisation of IK. Originality/value The paper underscores the importance of balancing economic empowerment with preserving cultural integrity and protecting indigenous rights in commercialisation.

Juridical Study of Intellectual Property Rights (IPR) for Plant Variety Protection (PVP) in Improving Agribusiness Competitiveness to Support the Sustainability of Indonesia's Economic Development

Purpose: This research aims to examine IPR protection for plant varieties through the regulation of the Patent Law and the PVP Law and formulate an appropriate legal regime to increase agribusiness competitiveness to support sustainable economic development. This research provides solutions for breeders and inventors as well as the government for the weaknesses of the Patent Law and PVP Law in addition to formulating the right IPR legal regime.
  
 Design/methodology/data analysis: The research method uses normative juridical. Researchers analyzed through secondary data, comparative law methods, and historical juridical IPR theories. Researchers construct the formulation of an appropriate IPR regime system.
  
 Findings:  Researchers formulate that the PVP Law is an IPR regime system that is more appropriate than the Patent Law to improve agribusiness competitiveness. The PVP Law can accommodate the characteristics of plant varieties, the value of traditional knowledge, and farmer exceptions. However, a new legal regime system related to traditional knowledge that can accommodate special matters is needed.
  
 Originality/value: No one has examined the improvement of the IPR regime system and the establishment of a new legal regime related to "traditional knowledge" to improve agribusiness competitiveness to support sustainable economic development.
  
 Practical implications: The government needs to reassess the PVP Law, among others: (1) need to accommodate protection arrangements related to "processes," (2) affirmation of the time limit for the protection of traditional knowledge, (3) enforcement of security and environmental sustainability, (4) authority to grant compulsory licenses. In addition, it is necessary to develop new types of laws related to the protection of traditional knowledge. This research can be applied in other countries that have the same characteristics as Indonesia.

Legal protection of traditional medicine knowledge as intellectual property of North Aceh communities

The Convention on Biodiversity affirms the principles of having respect for and protecting traditional knowledge related to biodiversity, including traditional medicine knowledge. Indonesia as a country rich in traditional medicine knowledge ratified the Convention on Biodiversity in 1994. Traditional knowledge is a communal intellectual property which is one of the potential areas for improving people’s welfare. The North Aceh District is one of the districts in Aceh Province which still uses traditional medicines as part of the traditional knowledge of the community. Traditional medicine knowledge includes treatments related to, for example, coughs, broken bones, sprains, fever, itching and ringworm. The ingredients used are Peacock Leaves, Moringa Leaves, Black Seunijuk Leaves, Henna Leaves, Broken Nutmeg Leaves, areca nut roots, logs, areca nuts and noni fruit. This article will analyse the legal protection of traditional medicine knowledge as an intellectual property for the people of North Aceh. The results of the study show that legal protection for the traditional medicine knowledge of the people of North Aceh has not yet been implemented, and the entire existing traditional medicine knowledge is not yet known. Therefore, there is a need for strategic steps such as the availability of data collection in databases and collaboration with institutions observing traditional medicine knowledge.

Unravelling framework for herbal product manufacturing and approval in south India

This study investigates the regulatory framework for manufacturing and approving herbal products in South India, a region with increasing global demand for natural remedies. It focuses on understanding the specific guidelines and processes crucial for industry stakeholders and regulatory authorities. The research highlights the unique aspects of the South Indian regulatory environment, including botanical authenticity, safety assessments, labeling requirements, and the protection of traditional knowledge. The aim is to assist manufacturers, regulators, and policymakers in ensuring the quality, safety, and efficacy of herbal products. Methodologically, the study relies on document analysis, expert interviews, and case studies of approved herbal products. Its findings aim to enrich the understanding of herbal product regulation, promoting sustainable development and trade in this field. This research is a valuable asset for industry professionals, researchers, and policymakers in the herbal products sector. Keywords: Herbal products, regulatory framework, South India, traditional knowledge, safety assessments, authenticity. (160 words).

The Urgency of Implementing Intellectual Property Regulations in the Protection of Traditional Knowledge in Indonesia

For the people of Indonesia, traditional knowledge is the most important knowledge that aims to preserve assets or wealth that is rarely owned by countries other than Indonesia. Traditional knowledge acquires the interaction between nature and the environment that belongs to every society. This study has secondary data consisting of three materials, including 1) secondary legal material, and 2) primary legal material. The material of the secondary law is in the form of articles or news about the protection of traditional knowledge, both from international and national. Then, the material of the premier law is based on Government Regulation Number 56 of 2022 concerning Communal Intellectual Property. Then, qualitatively the data was analyzed by comparing the regulations that became references with the protection of traditional knowledge. A country has cultural heritage that must be protected in order to avoid extinction, where in providing protection the state plays an active role, especially in the Indonesian state. Indonesia as a state of law applies the urgency of regulations related to the protection of traditional knowledge.

Legal Protection for Traditional Knowledge in the Vernacular Settlements: The Role of Government in Safeguarding the Siak’s Weaving Art in Riau, Indonesia

Legal Protection for Traditional Knowledge in the Vernacular Settlements: The Role of Government in Safeguarding the Siak’s Weaving Art in Riau, Indonesia

Protection & Promotion of Traditional Knowledge of Marginalised Communities: A Legal Perspective

Marginalised rural communities, particularly in tropical countries such as those within Southeast Asia, are often aware of the use of indigenous herbs and agricultural products but concomitantly oblivious as to the means of protection and promotion of using their traditional knowledge. It is estimated that around 1,500 plant species have been widely used for traditional medicines in Southeast Asia. The paper will commence with a discussion of the meaning of “traditional knowledge”, adopting a utilitarian perspective. The paper focuses on the countries of Southeast Asia and provides a legal analysis of the protection of traditional knowledge provided under international treaties, namely: Agreement on Trade-related Aspects of International Property Rights (TRIPS);  International Convention for the Protection of New Varieties of Plants (UPOV), International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA); and the Convention on Biological Diversity (CBD). To date, the World Intellectual Property Organization (WIPO) has been unable to agree on the contents of an international legal instrument relating to intellectual property rights over genetic resources, traditional knowledge, and traditional culture. The legislative responses of the 11 nations of Southeast Asia are analysed. Much of the focus of international treaties is on protecting plant breeders’ rights over farmers’ rights, and this imbalance should be addressed. Governments should be proactive and amend their patent legislation to require patent applicants to declare their use of indigenous resources and knowledge. Examples of the development and promotion of traditional knowledge are briefly described.

Kepemilikan Common Property Pada Pengetahuan Tradisional

This article discusses the concept of traditional knowledge and examines policy directions related to common property in Indonesia. Protection of traditional knowledge is not only the existence of intellectual works produced by indigenous peoples, but solely due to environmental factors and indigenous peoples which give special characteristics to products produced by an indigenous community. Thus traditional knowledge can provide protection to an object that is part of common property and not part of private property. This research is normative juridical research with a conceptual approach related to copyright and common property. The results of the study show that the concept of collective-communal ownership basically originates from the existence of a community unit that feels a sense of togetherness in owning something with the same interests and refers to the existence of rights that can be enjoyed by many people or groups. Meanwhile, in relation to traditional knowledge as part of common property, it can be interpreted that society as a whole has the same opportunity to enjoy the potential contained in this traditional knowledge. From the study of collective and communal concepts in the realm of customary law, the ownership of traditional knowledge is inherent in collective communal characteristics. The existence of this special characteristic of ownership indicates the need for the development of principles in the realm of copyright. Therefore, Indonesia should have a law specifically related to common property.

International Developments Related to Protection of Traditional Knowledge

International development efforts have increasingly recognized the importance of protecting traditional knowledge, especially in the context of indigenous communities. Traditional knowledge encompasses a broad range of information, practices, and beliefs that have been passed down through generations within a community, often related to areas such as medicine, agriculture, and the environment. However, the exploitation of traditional knowledge by outsiders has led to concerns about intellectual property rights and cultural appropriation. International efforts to protect traditional knowledge have included the creation of legal frameworks, such as the Nagoya Protocol, which aims to ensure that access to and use of traditional knowledge is based on prior informed consent and that benefits are shared fairly. Additionally, initiatives such as the United Nations Declaration on the Rights of Indigenous Peoples have emphasized the importance of recognizing and respecting the rights of indigenous peoples to their traditional knowledge and cultural heritage. Despite these efforts, challenges remain in effectively protecting traditional knowledge. The complexity of traditional knowledge and the diversity of indigenous communities means that a one- size-fits-all approach is not always effective. Additionally, the power imbalances between indigenous communities and external actors can make it difficult to ensure that traditional knowledge is used and shared in a manner that respects the rights and autonomy of the communities involved. Overall, protecting traditional knowledge is an important aspect of international development efforts, and requires ongoing engagement with indigenous communities to ensure that their rights and knowledge are respected and protected.

The medicinal plant used in the Guangxi Fangcheng Golden Camellias national nature reserve, a coastal region in southern China

BackgroundsGuangxi Fangcheng Golden Camellias national nature reserve, situated in Fangcheng City, Guangxi Province, China, is a coastal region renowned for its exceptional natural environment. Over time, the residents of this area have acquired extensive knowledge regarding medicinal plants, owing to their close association with the abundant flora. Our study aims to document the medicinal plants used by the local community near the Guangxi Fangcheng Golden Camellias national nature reserve. We seek to investigate the unique regional properties, cultural significance, and potential connections between medicinal plants used in surrounding villages and those sold in markets.MethodsDuring 2019–2021, 96 informants, including 36 key informants, were interviewed in the study area. The snowball sampling method was used to select respondents from medicinal markets and villages. Local therapists were defaulted as key informants. A panel discussion was held on the protection and threat of medicinal plants and traditional knowledge. In this study, two quantitative indicators, relative frequency citation (RFC) and informant consensus factor (ICF), were used to analyze the traditional medicinal plants in the study area.ResultsAccording to the investigation, a total of 396 species of medicinal plants belonging to 295 genera and 116 families were recorded. From the perspective of Lifeform, herbs accounted for 38.9%, followed by shrubs. Most of the medicinal parts are whole plant (120 species, 25.59%), branches and leaves (116 species, 24.73%), and roots (101 species, 21.54%). Medicinal bath is the most commonly used therapeutic method. Among the 13 therapeutic targets recorded, rheumatic drugs accounted for the highest proportion, followed by muscular system diseases and skin-related diseases, which are closely related to local climate and livelihood. ICF shows that the use of local medicinal plants and related knowledge is very diverse, so local people have more options for treating diseases. Melicope pteleifolia, Clerodendrum cyrtophyllum, Lygodium flexuosum, Elephantopus scaber, Artemisia argyi, Plantago asiatica, Centella asiatica, Grangea maderaspatana, and Liquidambar formosana have high RFC, which are closely connected to local people's daily lives and are potentially vital to them. The wild vegetation, mostly around the nature reserve, is the primary source of medicinal materials sold in the urban medicinal market. Urban areas have fewer varieties of medicinal plants compared to villages near protected areas. However, there is consistency in their usage and application.ConclusionThe medicinal plants used in the villages near the Golden Camellia Nature Reserve are diverse, and the relevant traditional knowledge is relatively well preserved. The collection of medicinal materials by local people is sustainable. This study suggests that the local government should also protect relevant traditional knowledge in the decision-making process.

The Traditional Knowledge Bill, 2016: Biopiracy and Protection of Cultural Rights

Traditional knowledge is such knowledge which has been present and preserved by a traditional or indigenous community from time immemorial which has a market potential to be exploited commercially. The authors through this paper put forth the urgency of this critical legal issue which can be a huge monetization market for developing and culturally rich countries like India. The research has given a special focus on the historical background of various cases of biopiracy which can create a base in understanding this urgency both in terms of substantive and procedural law. As an apt description given under the Statement of Objects and Reasons of the Traditional Knowledge Bill, 2016[1], it is of urgent consideration to identify legal regulation over commercial misappropriation of Traditional Knowledge. Against this background, it would be pertinent to examine The United Nations’ Declaration on the Rights of Indigenous Peoples, 2007 (UNDRIP) with the central aim of understanding the scope and extent of protection of traditional knowledge owned by indigenous people.
  
  

RESILIENCE MEASURES FOR FAIR AND EQUITABLE BENEFIT SHARING OF TRADITIONAL KNOWLEDGE

The Article is related to various forms of traditional knowledge belonging to indigenous communities in western ghats. Traditional knowledge includes innovations, expertise, know-how, medicinal properties, skills and various other components developed by various indigenous communities and passed from generations to generations. These communities are using these pieces of information as a part of their livelihood. When this traditional knowledge is exploited for commercial and industrial purposes, these communities have to be adequately compensated. They have to be consulted and have to ensure fair and equitable benefit sharing of traditional knowledge. Biopiracy is a serious emerging threat to this traditional knowledge and it is considerably affecting the rights and interests of indigenous community, who are developers and custodians of this traditional knowledge. There is misappropriation of traditional knowledge without giving benefit to the parties who had developed such a treasure of knowledge. Nagoya Protocol and Convention on Bio- Diversity mandates fair and equitable benefit sharing of traditional knowledge.The legal regime for protection as well as fair and equitable benefit sharing of traditional knowledge is still inadequate. Many forms of traditional knowledge are not yet documented. TKDL (Traditional Knowledge Digital Library) is having the database of documented information only.Therefore, here article tries to analyse existing legal mechanism for protection of traditional knowledge and will make recommendations for improvement of legal regime.

The Traditional Karonese Oil as Ancestral Heritage

Every indigenous people are familiar with traditional medicine and medical techniques in order to maintain life in an atmosphere of support for community medicine and medical techniques. Traditional knowledge, especially traditional medicine, is Karonese Oil which has important benefit. This study examines the openness of the ancestral heritage of traditional knowledge of Karonese Oil. In this study, it is hoped that a renewal of regulations on traditional knowledge is closely related to regulations on the protection of traditional medicine because of medicine and techniques that have not received adequate legal protection. Data collection is carried out descriptive qualitative research, descriptive is a problem formulation that guides research to explore or portray the social situation to be studied thoroughly, broadly and in depth to craftsmen or traditional Karo oil activists.  The data were analyzed qualitatively by using a legal theory approach as a rationale. Indigenous peoples rule on the protection of traditional knowledge of ancestral heritage of traditional Karo tribe oil. The Karonese tribe has various kinds of knowledge of medicine and traditional medicine techniques, especially Karonese oil. Updating on traditional knowledge that are closely related to regulations on the protection of traditional medicine due to inadequate medicines and techniques. This is in the form of regulations concerning the draft law on the protection and use of intellectual property, traditional knowledge and traditional cultural expressions, which until now have not been ratified by the Government.

Traditional Knowledge Protection and Digitization: A Critical Decolonial Discourse Analysis

Trade treaties and legal agreements generally left Indigenous peoples and colonized communities out of negotiations that directly impacted them. Using Critical Discourse Analysis, informed by decolonial thinking and Nishnaabeg epistemology, this research study analyzed the language of five public documents, published by the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO), surrounding the protection of Traditional Knowledge (TK) through the sui generis legal figure and its connection to the development of digitization TK. As TK is largely uncommodifiable, the ability to identify and protect TK through Intellectual Property Rights within the WIPO and the WTO is encumbered. The research analyzed and explored how language and knowledge shape policy and ideology against historically marginalized people and communities through discourse enacted by the WIPO and the WTO.

Communities as inventors: Rethinking positive protection of traditional knowledge through patents

AbstractTraditional knowledge of indigenous communities often overlaps with spiritual traditions in which certain biogenetic resources are understood to be “sacred”. Accordingly, one of the key concerns of these communities is to retain control over the manner in which the knowledge is used so as to ensure that its sanctity is preserved. While much of the literature on the protection of traditional knowledge revolves around defensive protection, some commentators have argued for positive protection using patent law by recognizing the entire community as inventors and vesting property rights in perpetuity with the community as a whole. This paper observes that such positive protection through patents is consistent with the TRIPS Agreement and is likely to be successful in combating biopiracy but suffers from one crucial flaw—even if the community owns patent rights over a biogenetic resource, the community has no means to ensure that a potential licensee of the patent would adhere to the religious protocols of the community. Accordingly, it argues for the incorporation of collective moral rights rooted in indigenous law into the legal framework governing the licensing of traditional knowledge patent with a view to ensuring that indigenous communities can preserve their cultural heritage even after such community patents are licensed.

Intellectual property protection for traditional medical knowledge in China's context: a round peg in a square hole?

This article is an examination of the extent to which traditional medical knowledge in China can be protected by intellectual property laws. The analysis begins by providing a global picture with regard to the historic origin of intellectual property, exploring the reasons why China does not have indigenous counterparts to the western system of intellectual property rights protecting its traditional knowledge (including traditional medical knowledge) and stating the problems of transplanting western intellectual property standards in China. A discussion follows on how China, under foreign pressure, has made efforts to comply with the changing standards mandated by various international, regional, and bilateral arrangements related to intellectual property, with examples of the development of China's patent law. China's approach towards the protection of traditional medical knowledge in various international fora related to intellectual property is explored. Finally, there is a specific examination of the compatibilities between the western system of intellectual property rights and traditional medical knowledge in China, at the national and community levels. This article argues that the system of intellectual property rights does not easily fit with China's traditional medical knowledge because of China's unique cultural traits, distinctive historical context and wide ethnic, religious, and local community diversity.

Critical analysis of the protection of Traditional Knowledge Bill, 2022

AbstractThe need for protecting traditional knowledge (TK) has been long established, and as a result, international negotiations are being conducted to protect TK internationally. Many international authorities appreciate India's efforts to create unique ways to protect TK. For instance, India was the first nation to set up Traditional Knowledge Digital Library, which helps scrutinise Patent applications on TK. Recently, Dr Shashi Tharror MP brought a private bill titled ‘Protection of TK’. Even though it's a bill, it still needs to be analysed because it serves as a reference point while formulating legislation by the union government or any state government. Hence, the paper aims to critically analyse the bill to point out its shortcomings of the bill. The bill gives TK holders hope since it asserts that it will protect TK from misappropriation. This bill can aid in commercialising TK. However, it is doubtful that the TK holders would gain from such commercialisation as specific provisions in the bill tend to favour outsiders more than the tribal or indigenous communities. It is identified that many crucial concepts about TK, such as ‘dynamic or changing’ or ‘traditional context’, which are necessary for stakeholders, authorities, and the judiciary to properly appreciate the nature of TK, have gone undefined. Also, it begs the question of why such a significant, essential component of TK is missing when the word ‘community’ is excluded from the definition of the term "knowledge society." In essence, it is possible to argue that the bill has been inadequately written without enough weight on the philosophy of TK and its jurisprudential comprehension.

Commercialization of Knowledge Traditional Medicines in Indonesia

Legal protection of traditional knowledge relating to the field of medicine generally aims to provide commercial utilization of traditional knowledge for the benefit of the national economy. This research aims to conduct an analysis related to legal protection and a comparison of commercialization policies regarding Indonesia’s traditional medicinal knowledge with China. The research method uses a normative juridical approach that focuses on literature study, which is descriptive and analyzed qualitatively. The result of this research is that the legal protection of traditional knowledge related to the field of medicine in Indonesia does not yet have strict regulations and there are no rules regarding the commercialization of traditional medicinal knowledge in Indonesia. This becomes an urgent need because of the lack of adequate rules regarding the protection of traditional medicinal knowledge in Indonesia, causing the operation of law in Indonesia to not work optimally in providing legal protection that is justice, certainty, and usefulness in indigenous peoples as inventors and managers of traditional medicinal knowledge. In contrast to the protection of traditional Chinese medicinal knowledge which already has clear rules regulating the commercialization of the use of traditional medicine. So that now traditional Chinese medicine is used and studied in medical schools around the world.