Traditional Knowledge and IP: Quiz

 

How much do you know about intellectual property (IP) and traditional knowledge (TK)? Complete our short quiz to find out!

Which of the following are traditional knowledge? (multiple answers possible)

  1. Thai traditional healers use the plao-noi plant to treat ulcer.
  2. The San people use the hoodia plant to stave off hunger while out hunting.
  3. Maria's grandmother's recipe for strawberry jam.
  4. The Cree and Inuit maintain unique bodies of knowledge of seasonal migration patterns of particular species in the Hudson Bay region.

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 Desriptions and defintions.

Which of the following statements is incorrect?

  1. TK is distinctly associated with an indigenous or local community, which preserves and transmits it from generation to generation.
  2. TK is old and static.
  3. TK is generated, preserved and transmitted in a traditional and intergenerational context.
  4. TK is not limited to any specific technical field.

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.

Which of the following statements related to genetic resources (GRs) are correct? (multiple answers possible)

  1. Examples of GRs include medicinal plants, agricultural crops and animal breeds.
  2. GRs are intellectual property.
  3. Inventions based on or developed using GRs (and associated TK) are eligible for protection through the intellectual property system.
  4. GRs are subject to access and benefit-sharing regulations.

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.

Which of the following statements is incorrect?

  1. “Protection” in the intellectual property sense means protection of human intellectual creativity and innovation against unauthorized use.
  2. Defensive protection refers to a set of strategies designed to prevent the illegitimate acquisition or maintaining of intellectual property rights by third parties.
  3. Positive and defensive protection cannot coexist.
  4. Positive protection may enable TK/TCEs holders to acquire and assert intellectual property rights in their TK/TCEs.

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.

Which of the following statements are correct? (multiple answers possible)

  1. Indigenous and traditional signs and symbols can be protected as trademarks.
  2. The style and technique used to create a work can be protected by copyright.
  3. Certification marks can be used to safeguard the authenticity and quality of authentic indigenous arts.
  4. Unfair competition and trade practices laws can prevent false or misleading claims that a product is authentic.

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.

Which of the following statements is incorrect?

  1. Sui generis measures are specialized measures aimed at addressing characteristics of specific subject matter.
  2. TK and TCEs are often not fully protected by existing intellectual property systems.
  3. A number of countries and regions have developed their own distinct sui generis intellectual property system for the protection of TK and/or TCEs.
  4. The adoption of a national or regional sui generis intellectual property framework is incompatible with that of an international system of protection of TK/TCEs

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.

Which of the following are some of the key issues that would normally need to be considered when developing a national policy on TK and TCEs? (multiple answers possible)

  1. For how long should protection be accorded?
  2. What forms of behavior in relation to TK/TCEs should be considered unacceptable/illegal?
  3. Who should hold the rights to protectable TK/TCEs?
  4. How would any benefits accruing from third party use of TK/TCEs be shared within the community?

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.

Which of the following statements related to the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) is incorrect?

  1. The WIPO Voluntary Fund provides financial support to facilitate the participation of indigenous peoples and local communities in the work of the IGC.
  2. Participation in the IGC is open to WIPO Member States only.
  3. Sessions of the IGC commence with presentations by a panel of representatives of indigenous peoples and local communities.
  4. The IGC is undertaking text-based negotiations with the objective of reaching agreement on a text(s) of an international legal instrument(s), which will ensure the effective protection of TK, TCEs and GRs.

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.

Which of the following statements related to the documentation of TK and TCEs is incorrect?

  1. TK documentation ensures legal protection for TK.
  2. Documenting TK and TCEs could lead to misappropriation and use in ways not anticipated or intended by their holders.
  3. TK documentation is a process in which TK is identified, collected, organized, registered or recorded in some way.
  4. TK documentation can be a useful tool as part of an overall strategy for the protection of TK.

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.

In addition to facilitating the IGC process, WIPO offers capacity-building assistance and services. Which of the following services are offered by WIPO? (multiple answers possible)

  1. Assistance with the design and drafting of strategies, policies and laws related to intellectual property and GRs, TK and TCEs.
  2. Advice to indigenous peoples and local communities on how to use intellectual property rights strategically.
  3. Information and advice to festival organizers on managing intellectual property rights and interests when organizing and staging arts festivals.
  4. Assistance to patent examiners to take account of TK, and intellectual property-related advice to those who wish to establish defensive databases to include GRs and TK within searchable prior art.

Correct answers: 1,2,3 and 4!

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