Protection of Traditional Knowledge

Gopalakrishnan, N.S.

doi:10.1111/j.1747-1796.2002.tb00179.x

Cited by 10 publications

(2 citation statements)

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“…This article examines whether and how local property right regimes govern these small innovations in traditional Tibetan medicines in China and India. The paper does not intend to discuss the familiar literature of intellectual property protection of indigenous medicines as many have written on this growing but increasingly confusing topic (Dutfield, ; Gopalakrishnan, ; Hsiao, ; Li & Li, ; Oguamanam, ,; among many others). Rather, this article attempts to extend this field of research to Tibetan medicine through analyzing the national policy approaches apart from the international negotiations.…”

Section: Introductionmentioning

confidence: 99%

Below the radar innovations and emerging property right approaches in Tibetan medicine

Madhavan

2017

World Intellectual Property

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Outside the established legal framework of intellectual property rights, countries have pursued multiple pathways to protect and promote traditional medicine. As Tibetan medicine is a late entrant into commercialization, the proposals to propertize generally fall within the rationale of existing sui‐generis paradigms of Intellectual property. In this context, the article enquires the state of innovations in this sector viz‐a‐viz the property right approaches in place especially in India and China. It argues that beyond the usual complex medical science and technology led—innovations, the pathways of cumulative processes and creative additions through informal experiential learning platforms, where the transfers of knowledge become part of livelihood and social benefits (we call them “below the radar innovations”) is ubiquitous in Tibetan medicine. The trends and politics in two recent strategies of protection, that is, Tibetan medicine as economic property (emphasizing patents here among many others) and as a cultural property (intangible cultural heritage) are juxtaposed with these informal innovative attempts. The paper underlines that the productivity‐based economic rationale of these protection mechanisms should not obscure sustainability alternatives of “below the radar” (BtR) innovations in Tibetan medicine.

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Section: Introductionmentioning

confidence: 99%

Below the radar innovations and emerging property right approaches in Tibetan medicine

Madhavan

2017

World Intellectual Property

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“…Licences to use this knowledge could be granted on the payment of a small fee to a collective rights management society that would administer the right to reproduce the knowledge and prevent distortion and harmful use. The second model mooted by Prof. N. S. Gopalakrishnan 15 involved an exclusive group right to manage all forms of traditional knowledge, folk science and technology. While this proposal does not elaborate the scope and content of the right, it does suggest that traditional knowledge holders shall have the right to restrain the commercial misappropriation of traditional knowledge through collective management trusts.…”

Section: Proposals For a Traditional Knowledge Legislationmentioning

confidence: 99%