Protecting traditional knowledge

This leads to pressures for conformity. Intellectual property is increasingly important to many aspects of life and its scope has been extending. Patents are applied in more spheres, such as molecular biology and software: special rights adapted to specific needs – such as plant variety, chip design, and database rights – have been devised and taken up by certain countries and regions.

Not all appreciate the merit of extending intellectual property rights.

For some intellectual property is another tool in the hands of rich nations and organisations giving them more unjustified power to exploit the poor. A particular grievance is an imbalance of rights.

The new products and technologies developed by multinational companies can be protected by patents and other intellectual property rights, while 'traditional knowledge'1, accumulated in indigenous communities over generations, is generally unprotected by modern legal systems, and may be used freely by all.

This perceived inequity has led to vociferous calls for the protection of 'traditional knowledge', to provide a counterbalance to the rights of companies in new technology. Increasingly, such calls are given credence and have built up political momentum, to the point at which governments may find it necessary to act.

ICC supports initiatives to explore options for the protection of traditional knowledge, whether within the existing intellectual property framework or through the development of new types of rights. While there are numerous difficulties with the concept of protection for traditional knowledge, these are not such as to rule out such protection a priori. The advantages and difficulties require further discussion and debate. Some consensus may result. The debate itself can spread light, lower tensions and reduce misconceptions on all sides.

ICC wishes to take an active part in this debate. It will contribute the experience and

perspectives of businesses, with the aim that any system put in place should be practical and promote useful objectives.