Traditional Knowledge and IP: Quiz

Correct answers: 1, 2 and 4

Simply put, TK is understood as knowledge, know-how, skills, innovations or practices; that are passed down between generations; in a traditional context; and that form part of the traditional lifestyle of indigenous peoples and local communities who act as their guardians or custodians.

TK can be agricultural, environmental or medicinal knowledge, or knowledge associated with genetic resources. Examples include knowledge about traditional medicines, traditional hunting or fishing techniques, knowledge about animal migration patterns or water management.

Full descriptions and definitions of key terms .

Correct answer: 2

In general terms, it can be said that TK is generated, preserved and transmitted in a traditional and intergenerational context; distinctly associated with an indigenous or local community which preserves and transmits it between generations; integral to the cultural identity of an indigenous or local community, which is recognized as holding the knowledge through a form of custodianship, guardianship, collective ownership or cultural responsibility.

You can find general information on the interface between IP and TK, traditional cultural expressions (TCEs) and genetic resources (GRs) in Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions – An Overview.

Correct answers: 1, 3 and 4

GRs are genetic material of plant, animal, microbial or other origin containing functional units of heredity that has actual or potential value. GRs themselves, as encountered in nature, are not intellectual property. They are not creations of the human mind and thus cannot be directly protected as intellectual property. However, inventions based on or developed using GRs (and associated TK) are eligible for protection through the intellectual property system. GRs are subject to access and benefit-sharing (ABS) regulations, in particular within the international regime on ABS. While WIPO does not address the regulation of ABS of GRs as such, there are intellectual property issues directly associated with GRs. They include the prevention of erroneous patents and the consistency and synergy between the intellectual property system and the ABS systems.

More information on IP and GRs in Background Brief 10, Intellectual Property and Genetic Resources.

Correct answer: 3

The intellectual property system can be approached from two different angles to ensure protection of TK and TCEs. These two approaches—generally referred to as “positive” and “defensive” protection—can be undertaken together in a complementary way.

Under a “positive protection” approach, the intellectual property systems enables holders, if they so wish, to acquire and assert intellectual property rights in their TK and TCEs. This can allow them to prevent unwanted, unauthorized or inappropriate uses by third parties (including culturally offensive or demeaning use) and/or to exploit TK/TCEs commercially, for example through the granting of licenses, as a contribution to their economic development.

“Defensive protection” is designed to prevent the illegitimate acquisition or maintaining of intellectual property rights by third parties. It aims to stop people outside the community from acquiring intellectual property rights over TK and TCEs. Defensive strategies might also be used to protect sacred cultural manifestations, such as sacred symbols or words, from being registered as trademarks.

You can find general information on the interface between IP and TK, traditional cultural expressions (TCEs) and genetic resources (GRs) in Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions – An Overview.

Correct answers: 1, 3 and 4

Intellectual property rights can be a powerful tool for indigenous peoples and local communities to protect and promote their TK and TCEs. Used strategically, they can help them promote their products and services, and prevent the misappropriation of their TK and culture.

They also have some limitations. For example, copyright protection does not extend to the technique used to create a work. Therefore, even if copyright were to vest in a new tradition-based cultural expression, copyright protection would not per se prevent the traditional “style” of the protected work from being appropriated. Other branches of intellectual property law may be more useful, however, such as the law of unfair competition, and the common law tort of passing off.

Find out more in Protect and Promote Your Culture, A Practical Guide to Intellectual Property for Indigenous Peoples and Local Communities. This short guide explains, with plenty of examples, how indigenous peoples and local communities around the world have made the most of intellectual property rights.

Correct answer: 4

Sui generis measures are specialized measures aimed exclusively at addressing the characteristics of specific subject matter, such as TK or TCEs. What makes an intellectual property system a sui generis one is the moulding of its features to properly accommodate special characteristics and specific policy needs.

The online Database of Legislative Texts on the Protection of Traditional Cultural Expressions, Traditional Knowledge and Genetic Resources includes a selection of national and regional laws, regulations and model laws on the protection of TK and TCEs against misappropriation and misuse, as well as legislative texts relevant to GRs.

Correct answers: 1, 2 and 3

Find out more on the key issues that would normally need to be considered when developing a national policy on TK and TCEs in Background Brief 3, Developing a National Strategy on Intellectual Property, Traditional Knowledge and Traditional Cultural Expressions.

Correct answer: 2

WIPO's work is founded on extensive consultation with representatives of indigenous peoples and local communities and other NGOs which are permanent observers to WIPO or specifically accredited to the IGC. Indigenous representatives of an accredited NGO may apply to the Voluntary Fund for funding to participate in the IGC.

Find out more on the IGC in Background Brief 2, The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore.

Correct answer: 1

TK documentation can be a tool that can help impede the loss of TK, maintain TK over time, support benefit-sharing between holders of TK and those who use it, and ultimately protect TK from unwanted uses. However, just documenting TK is not in itself an effective strategy for protecting it, and TK documentation does not necessarily ensure legal protection of TK.

The publication Documenting Traditional Knowledge – a Toolkit provides practical assistance to holders of TK and TCEs in managing the intellectual property implications in a documentation exercise.

Correct answers: 1,2,3 and 4!