Abstract

TOBON FRANCO, Natalia. A different approach to the protection of traditional knowledge of indigenous peoples. Estud. Socio-Juríd [online]. 2007, vol.9, n.1, pp.6-129. ISSN 0124-0579.

ABSTRACT The use of intellectual property rights (patents, trademarks, copyrights and denominations of origin, among others) to protect the traditional knowledge of indigenous peoples fails because it does not consider that the natives do not accept the concept of private property, they do not agree with the existence of time limits for protection and they refuse to describe their knowledge, as required by regulations. The author’s thesis is that a proposal will only be effective if, after collecting and analyzing the information on laws and customs of these people, it accepts the sacred and non-rational nature of traditional knowledge, recognizes its collective property, permits the existence of inventions having intergenerational character (without losing novelty for its protection), does not demand registrations and has no time limitation.

Keywords : Traditional knowledge; indigenous; Intellectual Property, intellectual property rights; Traditional Knowledge- characteristics; counterfeiting; Agreement on Diversidad Biológica (CDB); Decision 391 of 1996; Decision 486 of 2000; Coordinating one of the Indigenous Organizations of the Amazonian River basin (COICA); Patents; Denominations of origin; Trademarks, Copyrights.

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