Bio-diversity traditional knowledge and intellectual property is sui generis the way forward for Malaysia

Ida Madieha A., . (2010) Bio-diversity traditional knowledge and intellectual property is sui generis the way forward for Malaysia. [Proceedings Paper]

One of the obligations set under the Convention on Biological Diversity is the protection of the rights and knowledge of indigenous and local communities. This has been the issue that has been explored at various international forums such as CSO COP WIPO;S IGC and WTO FAO UNCTAO UNHCHR and WHO. Issues being investigated include access to genetic resources; benefit sharing options biodiversity traditional medicine and rights of the indigenous peoples. Generally the existing discourse on traditional knowledge could be broadly classified into two major options; positive and defensive protection. The positive protection comes in a variety of forms: property rights and liability rules customary law based regime registration and documentation system and access and benefit sharing. Whilst the proposal for defensive mechanism is developed based on -missaopropriation doctrine and is heavily influenced by the rules of unfair competition. Some national countries have developed their own sui generis system for the protection of traditional knowledge. A quick glance on the provisions of the statutory provisions reveals that the mechanism and framework of potection differs. One model is having a regulatory framework for the protection of local communities within its intricate relationship with farmers and plant breeders. A second model is premised upon a framework that promotes conservation of biodiversity like Costa Rica. A third model is predicated upon the sovereign right of the indigenous people over their innovative contribution and development and conservation of genetic resources and biological diversities as its core preoccupation like the Philippines. The fourth model is one that sets the registration system for traditional medicine such as Thailand and China. All these models differ in terms of scope of protection and the rights conferred. This paper explores the sui generis options available and offers some recommendations on which options would be suitable to Malaysia. As the discussion at WIPOs IGC constitutes the most extensive discussion so far this paper surveys the various policy options explored by the WI PO;s IGC. As we sift through the official documents of the Intergovernmental Committee it would transpire that all of these mechanisms are explored and representations are sought from national countries and indigenous people;s group. To date the WIPO IGC has come up with a model law on the protection of traditional knowledge and it has divided traditional knowledge into two broad knowledge system; traditional knowledge and traditional cultural expression. For that purpose this paper would focus more on traditional knowledge as this would be beneficial to SBC and its current initiatives in documenting traditional knowledge.

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Abstract

One of the obligations set under the Convention on Biological Diversity is the protection of the rights and knowledge of indigenous and local communities. This has been the issue that has been explored at various international forums such as CSO COP WIPO;S IGC and WTO FAO UNCTAO UNHCHR and WHO. Issues being investigated include access to genetic resources; benefit sharing options biodiversity traditional medicine and rights of the indigenous peoples. Generally the existing discourse on traditional knowledge could be broadly classified into two major options; positive and defensive protection. The positive protection comes in a variety of forms: property rights and liability rules customary law based regime registration and documentation system and access and benefit sharing. Whilst the proposal for defensive mechanism is developed based on -missaopropriation doctrine and is heavily influenced by the rules of unfair competition. Some national countries have developed their own sui generis system for the protection of traditional knowledge. A quick glance on the provisions of the statutory provisions reveals that the mechanism and framework of potection differs. One model is having a regulatory framework for the protection of local communities within its intricate relationship with farmers and plant breeders. A second model is premised upon a framework that promotes conservation of biodiversity like Costa Rica. A third model is predicated upon the sovereign right of the indigenous people over their innovative contribution and development and conservation of genetic resources and biological diversities as its core preoccupation like the Philippines. The fourth model is one that sets the registration system for traditional medicine such as Thailand and China. All these models differ in terms of scope of protection and the rights conferred. This paper explores the sui generis options available and offers some recommendations on which options would be suitable to Malaysia. As the discussion at WIPOs IGC constitutes the most extensive discussion so far this paper surveys the various policy options explored by the WI PO;s IGC. As we sift through the official documents of the Intergovernmental Committee it would transpire that all of these mechanisms are explored and representations are sought from national countries and indigenous people;s group. To date the WIPO IGC has come up with a model law on the protection of traditional knowledge and it has divided traditional knowledge into two broad knowledge system; traditional knowledge and traditional cultural expression. For that purpose this paper would focus more on traditional knowledge as this would be beneficial to SBC and its current initiatives in documenting traditional knowledge.

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Item Type:	Proceedings Paper
Additional Information:	Available at Perpustakaan Sultan Abdul Samad Universiti Putra Malaysia 43400 UPM Serdang Selangor Malaysia. TP248.14 I61 2008 Call Number.
AGROVOC Term:	Biodiversity
AGROVOC Term:	Traditional knowledge
AGROVOC Term:	Intellectual property rights
AGROVOC Term:	Indigenous knowledge
AGROVOC Term:	Local communities
AGROVOC Term:	Biological diversity
AGROVOC Term:	Resource conservation
AGROVOC Term:	Environmental protection
AGROVOC Term:	Documentation
AGROVOC Term:	Data access
Geographical Term:	MALAYSIA
Depositing User:	Ms. Suzila Mohamad Kasim
Last Modified:	24 Apr 2025 05:15
URI:	http://webagris.upm.edu.my/id/eprint/13138

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