Keywords
Traditional Knowledge
Collective Knowledge
Indigenous Peoples
Cultural Expressions (Folklore)
Sui Generis System
Collective Rights
Customary Law
How to Cite
Abstract
This paper intends to provide the reader with the most important arguments in favour of the establishment of a Sui Generis system for the protection of Traditional Knowledge (TK); both at the national and international level. To achieve this objective, it is based mainly on WIPO documents, as it is an authority in Intellectual Property law. Also, they reflect country members’
opinions and experiences about the topic. The starting point is the intrinsic characteristics of TK, which make it hard to fit in the conventional Intellectual Property law subject matters. What is more, its complexity goes beyond this
aspect; the need of satisfying its holders’ expectations is the ultimate challenge. TK has a holistic nature that existing IP law is unable to recognize and defend. Uniformity has not been reached at the international level
though; some countries still believe that existing IP law regimes are suitable for TK protection. Some others do not, and have started to implement —or at least consider implementing— a whole new system especially conceived for TK protection. As an illustration, the paper explains the Sui Generis systems of Panama and Peru. The choice was not random; both nations have abundant natural resources and multiethnic population. In addition, they are pioneers regarding this topic, not only because they were first on time, but also because of the way they were developed. Both systems are the product of a process in which local Indigenous Peoples took part actively; therefore they are worth studying.
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