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Traditional knowledge and intellectual property.

Baruch A Brody¹

¹Center for Medical Ethics, Baylor College of Medicine, Houston, TX, USA.

Kennedy Institute of Ethics Journal

|December 8, 2010

Summary

This summary is machine-generated.

Traditional knowledge in biotechnological inventions is debated. This analysis finds claims for indigenous community profit-sharing rights from traditional knowledge are not adequately justified.

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Area of Science:

Biotechnology
Intellectual Property Law
Indigenous Studies

Background:

Biotechnological innovations often utilize traditional knowledge of plants and animals from indigenous communities.
A key debate surrounds the rights to profits derived from such inventions.

Purpose of the Study:

To analyze the differing approaches to profit-sharing for biotechnological inventions based on traditional knowledge.
To evaluate the justifications for the 'uniqueness of traditional knowledge' approach versus the 'protection of inventive steps' approach.

Main Methods:

Comparative analysis of legal and ethical arguments.
Examination of discussions at international forums: Convention on Biological Diversity, World Intellectual Property Organization, and World Trade Organization.

Main Results:

Two main approaches to profit-sharing were identified: 'uniqueness of traditional knowledge' and 'protection of inventive steps'.
The 'uniqueness of traditional knowledge' approach advocates for profit-sharing with indigenous communities.
The 'protection of inventive steps' approach grants full profits to inventors if the invention is novel and non-obvious.

Conclusions:

The article concludes that the arguments supporting the 'uniqueness of traditional knowledge' approach, which posits sui generis rights for indigenous communities, lack sufficient justification.
Further justification is needed for claims of profit-sharing based on traditional knowledge in biotechnological inventions.