Traditional Knowledge & Patent Issues
- Traditional knowledge is intellectual property that indigenous people claim as a unique and integral part of their cultures. It includes long-standing traditions, customs and practices ranging from folklore, songs and dance to herbal medicine remedies, law and order and arts and crafts. Patent issues pertaining to intellectual property and traditional knowledge is an increasingly discussed topic around the world.
- A patent is an exclusive legal right of ownership granted by a government, usually for an expressed period of time. Patents are typically issued to inventors, and they're designed to protect the owner's property and give legal authority to produce, sell and otherwise promote the product. According to the World Trade Organization, worldwide trends to protect the intellectual property that includes traditional ways and knowledge, is emerging on the legal forefront. Indigenous peoples are taking back ownership of their heritage through patent authority to protect the integrity of their traditional knowledge.
- In India, yoga is considered a collective traditional knowledge to be shared and practiced out in the open for over 6,000 years. Dr V.P. Gupta of the Council of Scientific and Industrial Research (CSIR) says that by the end of 2009, 1,500 yoga postures unique to India have been documented in the Traditional Knowledge Digital Library. Patent claims by American yoga instructors spawned the digital library project. The library project is a testament to the traditional ownership of particular and extensive yoga poses.
- Traditional knowledge dating back thousands of years enjoys a rich oral tradition in the Cook Islands. Odile Urirau of the Ministry of Cultural Development says that local medicine women and men each have their own herbal recipes for ailments like croup, upset stomach and skin rashes. They make soothing massage oils used to relax aching muscles. According to Imogen Ingram of the Cook Islands Research Society, local medicine people are not inclined to share their traditional knowledge with just anyone. They are reluctant to divulge secret recipes passed on to them over generations because they don't want outsiders profiting from what is theirs. Additionally, they want to pass on medicine knowledge and healing techniques through the customary oral tradition and they therefore don't see a need for patents.
- The World Intellectual Property Organization (WIPO) is concerned with how to protect, preserve and equitably manage the use of traditional knowledge. It provides a platform for policy discussions that cover a broad and diverse range of traditional knowledge, including biodiversity and conservation, and sustainable economic development, using natural local products made by indigenous peoples.
Patents
Yoga
Cook Islands
WIPO
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