WIPO-知识产权与遗传资源，传统知识和传统文化表现形式（英文）-2020.8-56页_841kb

Summary of Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions

Core Content

This document provides an overview of the intersection between intellectual property (IP) and traditional knowledge (TK), traditional cultural expressions (TCEs), and genetic resources (GRs). It aims to inform readers about the challenges and opportunities related to protecting these traditional forms of creativity and innovation using IP systems.

Main Views and Key Information

1. IP Protection and Its Role

• The booklet discusses the importance of IP protection for TK, TCEs, and GRs to prevent misappropriation and ensure equitable benefit-sharing from their commercialization.
• It highlights the need to respect customary laws and practices when protecting traditional knowledge and cultural expressions.
• IP can be used to facilitate access to and benefit-sharing in genetic resources, especially in the context of bioprospecting and pharmaceutical industries.

2. Definitions and Scope

• Traditional Knowledge (TK) refers to knowledge, innovations, and practices developed by indigenous and local communities over time, often related to medicine, agriculture, and environmental management.
• Traditional Cultural Expressions (TCEs) are cultural expressions that are traditional in nature, such as oral traditions, performing arts, and crafts.
• Genetic Resources (GRs) are biological materials with potential commercial or scientific value, often found in biodiversity-rich regions.

3. Approaches to Protection

• There are two main approaches to IP protection:
  • Adaptation of existing IP systems, such as copyright, patents, and trademarks.
  • Sui generis systems, which are specifically designed to protect TK and TCEs.
• Prior informed consent and equitable benefit-sharing are emphasized as essential principles in the protection of GRs and TK.

4. Legal and Policy Considerations

• The protection of TK and TCEs involves both legal frameworks and policy development.
• The WIPO Intergovernmental Committee (IGC) is a key body working on this issue, with the aim of developing international standards and guidelines.
• The booklet also touches on indigenous participation in WIPO processes and the role of cultural institutions in preserving and promoting traditional knowledge.

5. Complementary Resources

• The booklet is complemented by "BriEFs", which provide more detailed information on specific topics.
• These include:
  • Traditional Knowledge and Intellectual Property
  • Intellectual Property and the Documentation of Traditional Knowledge
  • Policy Options for National Systems
  • Intellectual Property and the Protection and Promotion of Handicrafts
  • Customary Law and the Protection of Traditional Knowledge and Traditional Cultural Expressions
  • Traditional Medical Knowledge
  • Intellectual Property and Arts Festivals
  • Alternative Dispute Resolution

6. License and Copyright

• The content is licensed under CC BY 3.0 IGO, allowing users to reproduce, distribute, adapt, and translate it without explicit permission, provided that the source is acknowledged and changes are indicated.
• Derivative works must include a disclaimer stating that the WIPO Secretariat assumes no liability for the transformation or translation of the original content.
• When content is attributed to a third party, the user is responsible for clearing the rights with the right holder(s).

7. Additional Resources

• Readers are encouraged to visit the WIPO website for more information, including an FAQ and Glossary.
• The Traditional Knowledge Division can be contacted at grtkf@wipo.int for further assistance.

Structure and Content

• The booklet includes a list of boxes that highlight key topics and concepts.
• It provides an overview of WIPO's work in this area and serves as a guide for navigating the complex policy, legal, and practical concerns related to traditional creativity and innovation.

Conclusion

This booklet is a basic guide to understanding the interface between IP and traditional forms of creativity, offering a comprehensive introduction to the legal, policy, and ethical considerations involved in protecting TK, TCEs, and GRs. It emphasizes the importance of fairness, respect, and sustainable use of traditional knowledge and cultural expressions.