| Traditional Knowledge |
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Traditional knowledge (TK), '''indigenous knowledge''' (IK), and '''local knowledge''' generally refer to the matured long-standing Tradition s and practices of certain Region al, Indigenous , or local Communities . Traditional knowledge also encompasses the Wisdom , Knowledge , and teachings of these communities. In many cases, traditional knowledge has been Orally Passed for Generation s from Person to person. Some forms of traditional knowledge are expressed through Stories , Legend s, Folklore , Ritual s, Song s, and even Law s. Other forms of traditional knowledge are often expressed through different means. Such knowledge typically distinguishes one community from another. In a sense, it becomes their "identity." For some communities, traditional knowledge takes on a personal and Spiritual meaning. Traditional knowledge can also reflect a community's interests. Some communities even depend on their traditional knowledge for survival. Subsequently, communities argue that traditional knowledge warrants respect and sensitivity. Recently, various communities throughout the world have turned to Intellectual Property Laws to preserve, protect, and promote their traditional knowledge. Certain communities have also sought to make equitable use of their traditional knowledge. Currently, only a few Nation s offer explicit '' Sui Generis '' protection for traditional knowledge. However, a number of Countries are still undecided as to whether law should give traditional knowledge deference. PROTECTIONISM Two protective Paradigm s have been employed by these communities. The first protective paradigm seeks to prevent others from using or securing intellectual property rights over traditional knowledge. For example, some communities have created traditional knowledge Database s to evidence their traditional knowledge as Prior Art in order to prevent perceived abuses such as Biopiracy . Although traditional knowledge databases may preempt some from securing rights over traditional knowledge, databases do disclose such traditional knowledge to the public. This becomes a problem since many communities would rather keep such traditional knowledge within their community. A consequence of this defensive form of protectionism is the loss of an economic catalyst to discover new things. Other defensive efforts include preempting the registration of community names as Trademark s and actions for Misappropriation . The second protective paradigm (often called "positivism") seeks to secure protective legal rights over traditional knowledge. This is achieved by either using the existing laws or using legislative means to enact new laws. Nevertheless, some countries, like the United States , may face constitutional problems with granting perpetual rights to these communities. There are also Utilitarian concerns with granting legal rights to traditional knowledge. For instance, some forms of traditional knowledge (such as Cure s for Disease ) may be used to help others; and if exclusive rights were granted, some may go unhelped. Other concerns deal with the equitable sharing of benefits and Resource s. WORLD INTELLECTUAL PROPERTY ORGANIZATION The World Intellectual Property Organization (WIPO) is currently working with different nations, organizations, and communities to address the policy/legal issues with traditional knowledge protectionism. SEE ALSO
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