傳統知識智財權保護之研究----子計畫六
Date Issued
2004-10-31
Date
2004-10-31
Author(s)
郭華仁
DOI
923112H002010
Abstract
Starting in the 1970s, multinational pharmaceutical and chemical
corporations gradually started heading to areas in other parts of the world, areas
rich in biodiversity, to conduct bio-prospecting concerning natural resources.
These areas are frequently in developing countries of tropical areas, and
especially in areas where indigenous peoples live. The multinational
corporations further researched and developed these resources, and the protected
the results of the R&D with intellectual property (IP) protection to make a profit.
These activities raise the issues of protecting genetic resources and traditional
knowledge (TK).
Originally, protection was restricted to for certain creations (such as
folklore, music, dance, etc.) of indigenous people, but later biologists and other
environmental groups pushed for expansion of this protection to include
protection of other forms of biodiversity. These groups felt that the traditional
knowledge of indigenous peoples and local communities in the fields of
agriculture, medicine, and ecology, etc., could have very important contributions
for sustainable development. These ideas are present in the 1992 Convention
on Biodiversity (CBD), specifically in Article 8(j): Subject to its national
legislation, respect, preserve and maintain knowledge, innovations and practices
of indigenous and local communities embodying traditional lifestyles relevant
for the conservation and sustainable use of biological diversity and promote
their wider application with the approval and involvement of the holders of such
knowledge, innovations and practices and encourage the equitable sharing of the
benefits arising from the utilization of such knowledge, innovations and
practices.
Moreover, from 1998, the World Intellectual Property Organization (WIPO)
has conducted nine fact-finding missions in 28 countries (including countries in
South Asia, the South Pacific, Arab nations, Southeast Africa, West Africa, the
Americas, etc.), visiting indigenous peoples, and local tribes, governmental
officials, the scholarly research institutions, and non-governmental associations
(NGOs) etc. These visits affirm that TK in many fields (including agriculture,
medicine, art, etc.) is the source for innovative technology.
Many scholars have conducted research regarding TK protection in recent
years, with the goal of increasing protection of TK. Moreover, international
forums have distributed many suggestions for action plans and regulations.The goal of this article is to compare TK with modern technology, and to discuss
the protection of TK at the international level, as well as in Taiwan, as a
reference for the different methods of TK protection.
Subjects
Traditional Knowledge
Intellectual Property
CBD
indigenous
people
people
local communities
Publisher
臺北市：國立臺灣大學農藝學系暨研究所
Type
report
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