Traditional Knowledge (TK)

Introduction

CGIAR scientists are directly involved in the work with communities and thus with traditional knowledge. Scientists represent one point of intersection between the western world and indigenous people and therefore, you could say, have a stewardship responsibilities for traditional knowledge aspects. But what issues are there related to Traditional Knowledge and Agricultural research? Questions that could be asked in this context can be:

1. By publishing TK are the IP rights of the owners violated?
2. CBD and the International Treaty both have language on Access and Benefit Sharing – have CG centres thought this through: should they pay royalties to local communities?
3. What stewardship responsibilities do the centres or individual staff has who are involved in collecting and publicising TK?
4. Is enough attention given to identifying and recording whose knowledge it is that the centres are publicising?
5. Is the permission of the owners formerly gained and recorded
6. Has adequate time a attention been given to explain to people rights on their TK?
7. Are CG centres operating under international standards or national legislation?

There are some preventive measures that can be taken in order to avoid that research activities result in negative consequences for indigenous people.

back to top

Prior Informed Consent (PIC)

The PIC represents the agreement that the community and the researchers have about the research that will happen. The community allows thereby the access to their lands and their village and the asking of community people. Those agreements are usually taken informally, which has several advantages for the scientist in the field. Passing on information about the research and the possible problems that could arise means helping people to make their own decisions and to develop based on their own customs and knowledge. Familiarizing them with the concept of written agreements means also empowering them in dealing with governmental and commercial partners.

back to top

Protection of TK

There are restrictions to the protection of Traditional Knowledge that have so far caused the problems described with the terms biopiracy, or bioprospecting.

1. TK is usually held by the community, so it is usually not possible to assign the knowledge to a certain person, which is necessary for obtaining IPR protection.
2. The criteria of novelty which is essential for patent or plant breeders rights applications, does often not apply for TK. Traditional Knowledge is accumulated by experience and gradually changes, not by engineered innovations like e.g. in biotechnology.
3. Even if TK would qualify for conventional Intellectual Property Right protection, the fact e.g. that patent protection lasts only for 17-18 years, which is compared to the time span in which it was obtained and used a fairly bad deal. Patent protection moreover also requires the full disclosure of the patented technique. This could affect TK negatively in the long run as once the grace period is expired the knowledge is fully accessible to everybody. Patent protection cannot be renewed.

Possibilities to protect TK within the current Intellectual Property Rights System are given by following measures:

1. Geographical Indication
2. Trademarks
3. Trade secrets
4. Databases and Prior Art
5. Defensive Publishing

For further explanation to the application of these methods read chapter there is a Traditional Knowledge study available from CAS, which explores the importance and ways of TK protection.

back to top

Public disclosure of TK

Only by publishing the information about the research that was done is spread. On the other hand publication may erode the trust of Indigenous research partners as they may infringe upon the rights of Indigenous peoples. But also, the publish or perish dilemma pertains: withholding research data may curtail an academic career, disregard legal obligations to employer and ignore a moral obligation to share potentially beneficial information with society. Factors that are important to consider when Traditional knowledge is published are, e.g. if actually illegal actions were observed whose publishing can have legal consequences, if knowledge about e.g. medicinal plants is disclosed that can lead to biotechnology patents or if information of sacred value are published that should stay within the community.

back to top

Useful links

www.international-alliance.org/tfrk_expert_meeting.htm
www.traditionalknowledge.info
www.unesco.org/most/bpikreg.htm#LAC
www.iiirm.org

Please find more links of interest on our Useful Links page.