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or its territory of traditional natural use. The heritage of indigenous peoples also includes objects, sites, knowledge and literary or artistic creation of that people which may be created or rediscovered in the future based upon their heritage.” Paragraph 13 is to the effect that: “he heritage of indigenous peoples includes all moveable cultural property as defined by the relevant conventions of UNESCO; all kinds of literary and artistic creation such as music, dance, song, ceremonies, symbols and designs, narratives and poetry and all forms of documentation of and by indigenous peoples; all kinds of scientific, agricultural, technical, medicinal, biodiversity-related and ecological knowledge, including innovations based upon that knowledge, cultigens, remedies, medicines and the use of flora and fauna; human remains; immoveable cultural property such as sacred sites of cultural, natural and historical significance and burials.” Paragraph 14 stipulates that: “very element of an indigenous peoples’ heritage has owners, which may be the whole people, a particular family or clan, an association or community, or individuals, who have been specially taught or initiated to be such custodians. The owners of heritage must be determined in accordance with indigenous peoples’ own customs, laws and practices.” For the purposes of these
Guidelines, “indigenous cultural heritage” means both tangible and intangible creations, manifestations and production consisting of characteristic elements of the culture of an indigenous people, and developed and maintained by that people, or by indigenous individuals if the creation reflects the traditional literary, artistic or scientific expressions of the people. Such creations, manifestations and productions include the practices, representations, expressions – as well as the instruments, objects, artefacts, sites and cultural spaces associated therewith – that indigenous peoples and individuals recognize as part of their cultural heritage. It further includes the knowledge that is the result of intellectual activity and insight in a traditional context, and includes the know-how, skills, innovations, practices and learning that form part of traditional knowledge systems, as well as knowledge that is embodied in the traditional lifestyle of an indigenous people, or is contained in codified knowledge systems passed between generations. Cultural heritage, transmitted from generation to generation, is constantly recreated by indigenous peoples in response to changes in their environment and their interaction with nature and their history, and provides them with a sense of identity and continuity.
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ensuring wider and balanced cultural exchanges in the world in favour of intercultural respect and a culture of peace; (d) to foster interculturality in order to develop cultural interaction in the spirit of building bridges among peoples; (e) to promote respect for the diversity of cultural expressions and raise awareness of its value at the local, national and international levels; (f) to reaffirm the importance of the link between culture and development for all countries, particularly for developing countries, and to support actions undertaken nationally and internationally to secure recognition of the true value of this link; (g) to give recognition to the distinctive nature of cultural activities, goods and services as vehicles of identity, values and meaning; (h) to reaffirm the sovereign rights of States to maintain, adopt and implement policies and measures that they deem appropriate for the protection and promotion of the diversity of cultural expressions on their territory; (i) to strengthen international cooperation and solidarity in a spirit of partnership with a view, in particular, to enhancing the capacities of developing countries in order to protect and promote the diversity of cultural expressions.
3778:(2010) specifically deals with compliance with mutually agreed terms, providing that “1. In the implementation of Article 6, paragraph 3 (g)(i) and Article 7, each Party shall encourage providers and users of genetic resources and/or traditional knowledge associated with genetic resources to include provisions in mutually agreed terms to cover, where appropriate, dispute resolution including: (a) The jurisdiction to which they will subject any dispute resolution processes; (b) The applicable law; and/or (c) Options for alternative dispute resolution, such as mediation or arbitration. 2. Each Party shall ensure that an opportunity to seek recourse is available under their legal systems, consistent with applicable jurisdictional requirements, in cases of disputes arising from mutually agreed terms. 3. Each Party shall take effective measures, as appropriate, regarding: (a) Access to justice; and (b) The utilization of mechanisms regarding mutual recognition and enforcement of foreign judgments and arbitral awards. 4. The effectiveness of this article shall be reviewed by the Conference of the Parties serving as the meeting of the Parties to this Protocol in accordance with Article 31 of this Protocol.”
4221:
knowledge associated with genetic resources: “The term public domain, which is used to indicate free availability, has been taken out of context and applied to associated with genetic resources that is publicly available. The common understanding of publicly available does not mean available for free. The common understanding of public availability could mean that there is a condition to impose mutually agreed terms such as paying for access. has often been deemed to be in the public domain and hence freely available once it has been accessed and removed from its particular cultural context and disseminated. But it cannot be assumed that associated with genetic resources that has been made available publicly does not belong to anyone. Within the concept of public availability, prior informed consent from a holder that is identifiable, could still be required, as well as provisions of benefit-sharing made applicable, including when a change in use is discernible from any earlier prior informed consent provided. When a holder is not identifiable, beneficiaries could still be decided for example by the State.”
3248:(2003) as “the practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artifacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by communities and groups in response to their environment, their interaction with nature and their history, and provides them with a sense of identity and continuity, thus promoting respect for cultural diversity and human creativity. For the purposes of this Convention, consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.”
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manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.” Article 31.2 further provides that “n conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.” On traditional medicine, Article 24 provides that “ndigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals
4882:(1883) provides that “ny act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition”. Paragraph 3 of Article 10bis further provides that “ he following in particular shall be prohibited: (i) all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor; (ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor; (iii) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.”
2109:
has also been defined as “locally recognized principles, and more specific norms or rules, which are orally held and transmitted, and applied by community institutions to internally govern or guide all aspects of life.” The ways in which customary laws are embodied differ from one another. For instance, the laws can be codified, written or oral, expressly articulated or implemented in traditional practices. Another important element is whether these laws are actually “formally” recognized by and/or linked to the national legal systems of the country in which a community resides. A decisive factor in determining whether certain customs have status as law is whether they have been and are being viewed by the community as having binding effect, or whether they simply describe actual practices.
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is defined in the Oxford
English Dictionary as “a person who or organization which has the custody or guardianship of something or someone; a guardian.” The Merriam-Webster dictionary provides “one that guards and protects or maintains.” The term “custodian” in the context of traditional knowledge and cultural expressions refers to those communities, peoples, individuals and other entities which, according to customary laws and other practices, maintain, use and develop the traditional knowledge and cultural expressions. It expresses a notion that is different from “ownership”, since it conveys a sense of responsibility to ensure that the traditional knowledge or cultural expressions are used in a way that is consistent with community values and customary law.
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expressions by the originating community itself. Besides, the use of non-intellectual property approaches for the positive protection of traditional knowledge and traditional cultural expressions can be complementary and used in conjunction with intellectual property protection. For instance, positive protection of traditional knowledge and traditional cultural expressions may prevent others from gaining illegitimate access to traditional knowledge and traditional cultural expressions or using them for commercial gain without equitably sharing the benefits, but it may also be used by traditional knowledge and traditional cultural expressions holders to build up their own enterprises based on their traditional knowledge and traditional cultural expressions.
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given region, or parts of a region, and who currently inhabit or have formerly inhabited the region either before its subsequent colonization or annexation, or alongside other cultural groups during the formation of a nation-state, or independently or largely isolated from the influence of the claimed governance by a nation-state, and who furthermore have maintained, at least in part, their distinct linguistic, cultural and social / organizational characteristics, and in doing so remain differentiated in some degree from the surrounding populations and dominant culture of the nation-state. Also include people who are self-identified as indigenous, and those recognized as such by other groups.”
3373:(1971). Article 2(1)(a) provides that “he Classification comprises: (i) the text which was established pursuant to the provisions of the European Convention on the International Classification of Patents for Invention of December 19, 1954 (hereinafter designated as the “European Convention”), and which came into force and was published by the Secretary General of the Council of Europe on September 1, 1968; (ii) the amendments which have entered into force pursuant to Article 2(2) of the European Convention prior to the entry into force of this Agreement; (iii) the amendments made thereafter in accordance with Article 5 which enter into force pursuant to the provisions of Article 6.”
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Ivory Coast, 1978; Guinea, 1980; Tunis Model Law on
Copyright for Developing Countries, 1976) and in an international Treaty (the Bangui text of 1977 of the Convention concerning the African Intellectual Property Organization, hereinafter referred to as “the OAPI Convention”). All these texts consider works of folklore as part of the cultural heritage of the nation (“traditional heritage,” “cultural patrimony”; in Chile, “cultural public domain” the use of which is subject to payment). The meaning of folklore as covered by those texts is understood, however, in different ways. An important copyright-type common element in the definition according to the said laws (except the
1352:(2010) aims to “the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.” According to Article 3, the Protocol “shall also apply to traditional knowledge associated with genetic resources within the scope of the Convention and to the benefits arising from the utilization of such knowledge
4155:(e.g., government ministries, government agencies (national, regional or local), including those responsible for administration of national parks and government land); commerce or industry (e.g., pharmaceutical, food and agriculture, horticulture, and cosmetics enterprises); research institutions (e.g., universities, gene banks, botanic gardens, microbial collections); custodians of genetic resources and traditional knowledge holders (e.g. associations of healers, indigenous peoples or local communities, peoples’ organizations, traditional farming communities); and others (e.g., private land owner(s), conservation group(s) etc
4243:
registration does not affect the existence of such rights, it may be used to assist patent officials in analyzing prior art, and to support challenges to patents granted which may have directly or indirectly made use of traditional knowledge. In circumstances where these registers are organized in an electronic form and available through the
Internet, it is important to establish a mechanism that ensures that entry dates of traditional knowledge are valid when carrying out searches related to novelty and inventiveness. A third function that these registers may have is to facilitate benefit–sharing between users and providers.
3652:, 2009, defines “misappropriation” as “(i) acquisition, appropriation or use of traditional knowledge in violation of the provisions of this Act, (ii) deriving benefits from acquisition, appropriation or use of traditional knowledge where the person who acquires, appropriates or uses traditional knowledge is aware of, or could not have been unaware of, or is negligent to become aware of the fact that the traditional knowledge was acquired, appropriated or used by any unfair means and (iii) any commercial activity contrary to honest practices that results in unfair or inequitable benefits from traditional knowledge.”
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a term that was used in the context of the
Convention on Biological Diversity within the draft negotiating text for an international regime on access and benefit sharing of genetic resources and associated traditional knowledge. It was used to refer to acts that were contrary to mutually agreed terms, while misappropriation referred specifically to acquisition without prior informed consent. It called for further discussion as to the meaning of these terms in the context of the Committee and in relation to intellectual property rather than access to traditional knowledge associated with genetic resources.
2927:(1992). Article 8(j) states that “ach Contracting Party shall, as far as possible and as appropriate: … (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;
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used for catalyzing advanced research based on information on traditional knowledge for developing novel drugs. The TKDL is intended to act as a bridge between ancient
Sanskrit Slokas and a patent examiner at a global level, since the database will provide information on modern as well as local names in a language and format understandable to patent examiners. It is expected that the gap on lack of prior art knowledge be minimized. The database will have sufficient details on definitions, principles, and concepts to minimize the possibility of patenting “inventions” for minor/insignificant modifications.
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the basis of food and agriculture production throughout the world.” Article 9.2 defines “farmers’ rights” as “(a) protection of traditional knowledge relevant to plant genetic resources for food and agriculture; (b) the right to equitably participate in sharing benefits arising from the utilization of plant genetic resources for food and agriculture; and (c) the right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture.” Article 2 of the Food and
Agriculture Organization (FAO)
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technical officers were involved in the creation of TKDL for Indian
Systems of Medicine. The TKDL project involves documentation of the traditional knowledge available in public domain in the form of existing literature related to Ayurveda, Unani, Siddha and Yoga, in digitized format in five international languages which are English, German, French, Japanese and Spanish. The TKDL provides information on traditional knowledge existing in the country, in languages and format understandable by patent examiners at International Patent Offices (IPOs), so as to prevent the grant of wrong patents.
3990:(2010) provides that “ach Party shall take appropriate, effective and proportionate legislative, administrative or policy measures, as appropriate, to provide that traditional knowledge associated with genetic resources utilized within their jurisdiction has been accessed in accordance with prior informed consent or approval and involvement of indigenous and local communities and that mutually agreed terms have been established, as required by domestic access and benefit sharing legislation or regulatory requirements of the other Party where such indigenous and local communities are located.”
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847:
562:
270:
198:
1218:
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2357:(PCT), “to disclose the invention in a manner sufficiently clear and complete for the invention to be carried out by a person skilled in the art.” However, “disclosure requirements” is also used as a general term for reforms made to patent law at the regional or national level, and proposals to reform international patent law, which would specifically require patent applicants to disclose several categories of information concerning traditional knowledge and/or genetic resources when these are used in developing the invention claimed in a patent or patent application.
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and second, the preservation of traditional knowledge and cultural expressions in a fixed form, such as when they are documented. Preservation may have the goal of assisting the survival of the traditional knowledge or cultural expressions for future generations of the original community and ensuring their continuity within an essentially traditional or customary framework, or the goal of making them available to a wider public (including scholars and researchers), in recognition of their importance as part of the collective cultural heritage of humanity.
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They illustrate the practical intellectual property issues that providers and recipients are likely to face when negotiating an agreement, contract or license. The diversity of national law and of the practical interests of providers and recipients are likely to lead to a wide range of choices when actual provisions are negotiated and drafted. Guidelines may therefore support providers and recipients in ensuring that access and benefit-sharing is on equitable, mutually agreed terms, but does not prescribe one template or set of choices.
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8340:
3858:(PCT), novelty is defined as follows: “or the purposes of the international preliminary examination, a claimed invention shall be considered novel if it is not anticipated by the prior art as defined in the Regulations.” Rule 64.1(a) of the Regulations under the PCT defines “prior art” as “everything made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) shall be considered prior art provided that such making available occurred prior to the relevant date.”
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understood in its broadest sense possible”, since “a multitude of entities may be involved in access and benefit-sharing. In the foreground to be declared as the source is the entity competent (1) to grant access to genetic resources and/or traditional knowledge or (2) to participate in the sharing of the benefits arising out of their utilization. Depending on the genetic resource or traditional knowledge in question, one can distinguish: primary sources, including in particular
Contracting Parties providing genetic resources,
2053:(d) elements of artistic or historical monuments or archaeological sites which have been dismembered; (e) antiquities more than one hundred years old, such as inscriptions, coins and engraved seals; (f) objects of ethnological interest; (g) property of artistic interest, such as: (i) pictures, paintings and drawings produced entirely by hand on any support and in any material (excluding industrial designs and manufactured articles decorated by hand); (ii) original works of statuary art and sculpture in any material;
2964:, the efforts of indigenous and local communities…”. “Local and indigenous communities” is used in Article 9.1: “he Contracting Parties recognize the enormous contribution that the local and indigenous communities and farmers of all regions of the world…”. “Local communities” is used in Article 5.1: “ach Contracting Party … shall in particular, as appropriate: … (c) romote or support, as appropriate, farmers and local communities’ efforts to manage and conserve on-farm their plant genetic resources for food and agriculture…”.
4628:
self-management that governs resource use. Ecological aspects are closely tied to social and spiritual aspects of the knowledge system. The quantity and quality of TEK varies among community members, depending on gender, age, social status, intellectual capability, and profession (hunter, spiritual leader, healer, etc.). With its roots firmly in the past, TEK is both cumulative and dynamic, building upon the experience of earlier generations and adapting to the new technological and socioeconomic changes of the present.”
2056:(iii) original engravings, prints and lithographs; (iv) original artistic assemblages and montages in any material; (h) rare manuscripts and incunabula, old books, documents and publications of special interest (historical, artistic, scientific, literary, etc.) singly or in collections; (i) postage, revenue and similar stamps, singly or in collections; (j) archives, including sound, photographic and cinematographic archives; (k) articles of furniture more than one hundred years old and old musical instruments.
1437:
order to reach outcomes of mutual benefit for all parties. With ADR, the parties themselves assume responsibility for solving the conflict and can take into account issues other than legal norms. ADR is characterized by having both formal and informal procedures, offering options beyond those of litigation, and granting parties more control in determining the parameters of the dispute and the most appropriate way to reach resolution. ADR’s four key methods are negotiation, mediation, arbitration and collaborative law.
3051:‘pre-invasion’ and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those countries, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to future generations their ancestral territories, and their ethnic identities, as the basis of their continued existence as peoples, in accordance with their own cultural pattern, social institutions and legal systems
2305:“Disclosed traditional knowledge” refers to “ which is accessible to persons beyond the indigenous or local community which is regarded as the ‘holder’ of the . Such might be widely accessible to the public and might be accessed through physical documentation, the internet and other kinds of telecommunication or recording. might be disclosed to third parties or to non-members of the indigenous and local communities from which originates, with or without the authorization of the indigenous and local communities.”
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609:
545:
502:
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413:
370:
327:
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8491:
2683:(1989), “folklore (or traditional and popular culture) is the totality of tradition-based creations, of a cultural community, expressed by a group or individuals and recognized as reflecting the expectations of a community in so far as they reflect its cultural and social identity; its standards and values are transmitted orally, by imitation or by other means. Its forms are, among others, language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts.”
4371:(2003) describes safeguarding measures as: “measures aimed at ensuring the viability of the intangible cultural heritage, including the identification, documentation, research, preservation, protection, promotion, enhancement, transmission, particularly through formal and non formal education, as well as the revitalization of the various aspects of such heritage.” Safeguarding refers to the adoption of precautionary measures to shield certain cultural practices and ideas which are considered of value
8291:
8230:
109:
4287:(1971), preference was given to “honor” and “reputation,” found to be more objective concepts reflecting personal interests of the author, as opposed to “moral” or “spiritual interests,” which are wider concepts. In the eventuality of harm, there is a difference between harm to the reputation and harm to the author’s moral or spiritual interests. It is not enough that the author does not like what was done to her work; the action taken must also reflect badly on her in the public eye.
4585:
designs and architectural forms. The terms “traditional cultural expressions” and “expressions of folklore” are used as interchangeable synonyms, and may be referred to simply as “traditional cultural expressions,” often in its abbreviated forms “TCEs.” The use of these terms is not intended to suggest any consensus among WIPO Member States on the validity or appropriateness of these or other terms, and does not affect or limit the use of other terms in national or regional laws.
8325:
3788:
4311:
with sacred species of plants, animals, microorganisms, minerals, and refers to sacred sites. Whether traditional knowledge is sacred or not depends on whether it has sacred significance to the relevant community. Much sacred traditional knowledge is by definition not commercialized, but some sacred objects and sites are being commercialized by religious, faith-based and spiritual communities themselves, or by outsiders to these, and for different purposes.
6453:
6336:
2050:(a) rare collections and specimens of fauna, flora, minerals and anatomy, and objects of paleontological interest; (b) property relating to history, including the history of science and technology and military and social history, to the life of national leaders, thinkers, scientists and artists and to events of national importance; (c) products of archaeological excavations (including regular and clandestine) or of archaeological discoveries;
3796:
access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding, thereby contributing to the conservation of biological diversity and the sustainable use of its components.” The
Secretary-General of the United Nations is the Depositary of the Protocol and opened it for signature at the United Nations Headquarters in New York from
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4259:
to defend the interests of indigenous peoples where their collective knowledge is concerned.” Article 15 also provides that “he collective knowledge of indigenous peoples may be entered in three types of register: (a) Public National Register of Collective Knowledge of Indigenous Peoples; (b) Confidential National Register of Collective Knowledge of Indigenous Peoples; (c) Local Registers of Collective Knowledge of Indigenous Peoples
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4250:
protected and recognized. Most model constitutive registers are conceived as public in nature, run by a national entity and under a law or regulation which clearly determines how valid registration of traditional knowledge can take place and be formally recognized and accepted. As such they may be more controversial and difficult to design and face some critical challenges and questions in moving from concept to practice.
6502:
3907:
description of the invention, and bibliographic information such as the applicant’s name. The protection given by a patent is limited in time (generally 15 to 20 years from filing or grant). It is also limited territorially to the country or countries concerned. A patent is an agreement between an inventor and a country. The agreement permits the owner to exclude others from making, using or selling the claimed invention
3918:(TRIPS Agreement) states that “ patents shall be available for any inventions, whether products or processes, in all fields of technology, provided that they are new, involve an inventive step and are capable of industrial application. patents shall be available and patent rights enjoyable without discrimination as to the place of invention, the field of technology and whether products are imported or locally produced
3066:(b) Peoples in independent countries who are regarded as indigenous on account of their descent from the populations which inhabited the country, or a geographical region to which the country belongs, at the time of conquest or colonization or the establishment of present State boundaries and who, irrespective of their legal status, retain some or all of their own social, economic, cultural and political institutions.”
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2286:(1971). The term “action” refers to something other than an actual change or interference with the work itself. It is an action “in relation to” the work. The term “derogatory action” was added to the Convention at the Brussels Revision in order to cover uses of the work that were prejudicial to the author. It refers to situations where communication of a work is done in such a manner as to cause the author harm.
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6624:
2983:(1996) defines “native, Afro-American or local community” as “a human group whose social, cultural and economic conditions distinguish it from other sectors of the national community, that is governed totally or partially by its own customs or traditions or by special legislation and that, irrespective of its legal status, conserves its own social, economic, cultural and political institutions or a part of them
6520:
2453:, 1996 (WPPT), provides that performers and producers of phonograms enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms, published for commercial purposes, for broadcasting or for communication to the public (Article 15(1)). However, any Contracting Party may restrict or – provided that it makes a reservation to the Treaty – deny this right (Article 15(3)).
4347:“Protection of Traditional Knowledge: Draft Gap Analysis: Revision” (document WIPO/GRTKF/IC/13/5(b) Rev.), non-disclosed traditional knowledge might be protected by international intellectual property law as undisclosed information in general. However, special considerations might apply to knowledge that has a spiritual and cultural value, but not commercial value, to the community.
4058:(EPO) emphasize that “he width of this definition should be noted. There are no restrictions whatever as to the geographical location where, or the language or manner in which the relevant information was made available to the public; also no age limit is stipulated for the documents or other sources of the information. There are, however, certain specific exclusions (see G – V).”
3391:
recognizing the enormous contribution of farmers to the diversity of crops that feed the world; (2) establishing a global system to provide farmers, plant breeders and scientists with access to plant genetic materials; and (3) ensuring that recipients share benefits they derive from the use of these genetic materials with the countries where they have been originated.
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4016:
also anticipates the reality that decisions, especially those relating to major investments in development, are often taken in advance with indigenous people. The notion of “informed” consent reflects the growing acceptance that environment and social impact assessment are a pre-requisite for any negotiation process and allow all parties to make balanced decisions.
3640:
creator has not yet claimed or been granted exclusive rights in the work. The elements of misappropriation are: (1) the plaintiff must have invested time, money, or effort to extract the information, (2) the defendant must have taken the information with no similar investment, and (3) the plaintiff must have suffered a competitive injury because of the taking.”
2898:” WIPO uses this term to refer to all persons who create, originate, develop and preserve traditional knowledge in a traditional setting and context. Indigenous communities, peoples and nations are traditional knowledge holders, but not all traditional knowledge holders are indigenous. In this context, “traditional knowledge” refers to both traditional knowledge
4731:
and mental illnesses.” WHO also defines “traditional medicine” as “including diverse health practices, approaches, knowledge and beliefs incorporating plant, animal, and/or mineral based medicines, spiritual therapies, manual techniques and exercises applied singularly or in combination to maintain well-being, as well as to treat, diagnose or prevent illness.”
4072:(ii) inventions that were publicly worked in Japan or a foreign country, prior to the filing of the patent application; or (iii) inventions that were described in a distributed publication, or inventions that were made publicly available through an electric telecommunication line in Japan or a foreign country, prior to the filing of the patent application.”
3871:
date of the claimed invention; or (2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.”
3197:
object of related rights without authorization of the owner of the copyright or related rights concerned where such authorization is required. The liability for infringement may exist not only on the basis of direct liability (for the performance of the unauthorized act in itself), but also on the basis of “contributory liability” or “vicarious liability.”
4547:“Traditional” means that the traditional knowledge or cultural expressions are developed according to the rules, protocols and customs of a certain community, and not that they are old. In other words, the adjective “traditional” qualifies the method of creating traditional knowledge or cultural expressions and not the knowledge or expressions themselves.
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infringement of their rights as recognized by this Protocol; and (b) to protect expressions of folklore against misappropriation, misuse and unlawful exploitation beyond their traditional context”. The Protocol entered into force on May 11, 2015 when six Member States of the ARIPO either deposited instruments of ratification or instruments of accession.
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3866:(EPC) defines “novelty” as follows: “n invention shall be considered to be new if it does not form part of the state of the art. The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application.”
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4554:“Traditional context” refers to the way of using traditional knowledge or traditional cultural expressions in their proper artistic framework based on continuous usage by the community. An example could be the use of a ritual dance in its traditional context, as referring to the performance of the said dance in the actual framework of the rite.
5979:
at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title35/pdf/USCODE-2011-title35-partII-chap14-sec151.pdf and to Section 35 U.S.C. 122(b) – Confidential status of applications; publication of patent applications, which is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title35/pdf/USCODE-2011-title35-partII-chap11-sec122.pdf.
5925:
at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title35/pdf/USCODE-2011-title35-partII-chap14-sec151.pdf and to Section 35 U.S.C. 122(b) – Confidential status of applications; publication of patent applications, which is available at: https://www.gpo.gov/fdsys/pkg/USCODE-2011-title35/pdf/USCODE-2011-title35-partII-chap11-sec122.pdf.
5651:
Affairs Department), Inter-Agency Support Group on Indigenous Issues, and United Nations Second International Decade of the World’s Indigenous Peoples plan of action (see Annex I). The same criteria are used by the FAO in its policy on indigenous and tribal peoples (Available at http://www.fao.org/docrep/013/i1857e/i1857e00.pdf)
5004:
that “ach Member has the right to determine what constitutes a national emergency or other circumstances of extreme urgency, it being understood that public health crises, including those relating to HIV/AIDS, tuberculosis, malaria and other epidemics, can represent a national emergency or other circumstances of extreme urgency
1345:(1992) prescribes “the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding.”
3177:
form at present non-dominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories, and their ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal systems.
1717:
been extended to include any agency that brings together seekers and providers of goods, services or information, thus matching demand with supply. The CBD has established a Clearing-house Mechanism to ensure that all governments have access to the information and technologies they need for their work on biodiversity.
5067:
4782:
4712:
dissemination i.e. Information Technology, in particular, the Internet and Web technologies. It is anticipated that TKRC structure and details will create interest in those countries that are concerned about prevention of grant of wrong patents for non-original discoveries relating to traditional knowledge systems.
4020:“Consent” is a process whereby permission is given, based on a relationship of trust. An informed consent implies that clear explanations are provided, along with contract details, possible benefits, impacts and future uses. The process should be transparent, and the language fully understood by indigenous peoples.
3716:“Mutilation” refers to the act of cutting out or excising a part of a thing, especially a book or other document; to change or destroy part of the content or meaning, according to the Oxford English Dictionary. The protection against mutilation is one attribute of the author’s moral rights, according to Article 6
4063:
invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.”
3620:(1966), in those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practice their own religion, or to use their own language.
5885:
It was proposed to add the term “misuse” in the text of “The Protection of Traditional Knowledge: Revised Objectives and Principles” (WIPO/GRTKF/IC/18/5) by some Delegations, such as the Delegation of Indonesia and the Delegation of Mexico. However, the Delegation of Australia noted that misuse was
5116:
seek to maintain a balance between the protection against abuses of expressions of folklore, on the one hand, and the freedom and encouragement of further development and dissemination of folklore, on the other. They take into account the fact that expressions of folklore form a living body of human
5074:
Documentation programs can raise intellectual property questions for holders of traditional knowledge. Conscious consideration of intellectual property implications is particularly important during the documentation process. The WIPO Traditional Knowledge Documentation Toolkit focuses on management
4832:
The Convention has several objectives set out in Article 1, namely (a) to protect and promote the diversity of cultural expressions; (b) to create the conditions for cultures to flourish and to freely interact in a mutually beneficial manner; (c) to encourage dialogue among cultures with a view to
4686:
The TKDL has a dual objective. In the first place, it seeks to prevent the granting of patents over products developed utilizing traditional knowledge where there has been little, if any, inventive step. Second, it seeks to act as a bridge between modern science and traditional knowledge, and can be
4664:
In international debate, “traditional knowledge” in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations. Traditional knowledge can be found in a wide variety
4631:
Traditional ecological knowledge is also defined as “a cumulative body of knowledge and beliefs, handed down through generations by cultural transmission, about the relationship of living beings (including humans) with one another and with their environment. Further, TEK is an attribute of societies
4310:
Sacred traditional knowledge refers to the traditional knowledge which includes religious and spiritual elements, such as totems, special ceremonies, sacred objects, sacred knowledge, prayers, chants, and performances and also sacred symbols, and also refers to sacred traditional knowledge associated
4249:
Constitutive registers form part of a legal regime which seeks to grant rights over traditional knowledge. Constitutive registers will record the granting of rights (i.e. exclusive property rights) to the traditional knowledge holder as a means to ensure their moral, economic and legal interests are
4242:
A declaratory regime relating to traditional knowledge recognizes that the rights over traditional knowledge do not arise due to any act of government but rather are based upon pre-existing rights, including ancestral, customary, moral and human rights. In the case of declarative registers, although
4220:
The experts at the Meeting of the Group of Technical and Legal Experts on Traditional Knowledge Associated with Genetic Resources in the Context of the International Regime on Access and Benefit-Sharing discussed the terms “public domain” and “publicly available” with special reference to traditional
4195:
In general, the public domain in relation to patent law consists of knowledge, ideas and innovations over which no person or organization has any proprietary rights. Knowledge, ideas and innovations are in the public domain if there are no legal restrictions of use (varying in different legislations
4062:
Section 35 of the United States Code 102 defines prior art indirectly through the concept of novelty as anything “patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or (2) the claimed
4045:
For the purposes of the PCT, prior art is defined by Rule 33.1 of the PCT Regulations as “everything which has been made available to the public anywhere in the world by means of written disclosure (including drawings and other illustrations) and which is capable of being of assistance in determining
4015:
The purpose of the use of the adjective “free” is to ensure that no coercion or manipulation is used in the course of negotiations, while inclusion of “prior” acknowledges the importance of allowing time to indigenous to fully review proposals respecting the time required for achieving consensus. It
3870:
Section 35 of the United States Code 102 defines the concept of novelty as follows: “ person shall be entitled to a patent unless — (1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing
3125:
prepared by the United Nations Development Program (UNDP) provides that: “…(a) indigenous peoples usually live within (or maintain attachments to) geographically distinct ancestral territories; (b) they tend to maintain distinct social, economic, and political institutions within their territories;
2686:
The first attempts to explicitly regulate the use of creations of folklore were made in the framework of several copyright laws (Tunisia, 1967; Bolivia, 1968 (in respect of musical folklore only); Chile, 1970; Morocco, 1970; Algeria, 1973; Senegal, 1973; Kenya, 1975; Mali, 1977; Burundi, 1978;
2624:
recognizes “the enormous contribution that the local and indigenous communities and farmers of all regions of the world, particularly those in the centers of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitute
2411:
Documentation is especially important because it is often the way people beyond the traditional circle get access to traditional knowledge. The “List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found” (WIPO/GRTKF/IC/17/INF/9) discusses documented traditional
2370:
to disclose the actual source of the genetic resources/traditional knowledge (a disclosure function, relating to where the genetic resources/traditional knowledge was obtained) – this may concern the country of origin (to clarify under which jurisdiction the source material was obtained), or a more
2162:
an electronic online collection of “guide contractual practices, guidelines, and model intellectual property clauses for contractual agreements on access to genetic resources and benefit-sharing, taking into account the specific nature and needs of different stakeholders, different genetic resources,
2112:
Customary laws concern many aspects of communities’ lives. They define rights and responsibilities of community members on important aspects of their life, culture and world view: customary law can relate to use of and access to natural resources, rights and obligations relating to land, inheritance
2108:
Black’s Law Dictionary defines “customary law” as law “consisting of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they were laws.” Customary law
1777:
According to some, consultation and consent in indigenous communities are interrelated. Through consultation, a third party user can come to understand what requires consent and the correct people to whom to give it, and the people giving consent can more fully understand what they are consenting to.
1746:
e.g. Ayurveda disclosed in ancient Sanskrit scriptures or Traditional Chinese Medicine (TCM) disclosed in ancient Chinese medical texts; and (b) non-codified traditional medicinal knowledge which has not been fixed in writing, often remains undisclosed by traditional knowledge holders, and is passed
5125:, traditional cultural expressions/expressions of folklore are protected against “illicit exploitation and other prejudicial actions.” In 2000 and 2001, WIPO surveyed States’ experiences with use and implementation of the Model Provisions. A report is available as WIPO document WIPO/GRTKF/IC/3/10.
5018:
In the field of patents, Black’s Law Dictionary defines “experimental-use defense” as “ defense to a claim of patent infringement raised when the construction and use of the patented invention was for scientific purposes only. While still recognized, this defense is narrowly construed and today may
5003:
Paragraph 1 of Doha Declaration on the TRIPS Agreement and Public Health recognize “the gravity of the public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics.” Paragraph 5(c) further states
4988:
In the field of copyright, Black’s Law Dictionary defines “fair use” as “ reasonable and limited use of a copyrighted work without the author’s permission, such as quoting from a book in a book review or using parts of it in a parody. Fair use is a defense to an infringement claim, depending on the
4958:
Black’s Law Dictionary defines “commercial use” as “ use that is connected with or furthers an ongoing profit-making activity.” “Non-commercial use” is defined as “ use for private pleasure or business purposes that non involving the generation of income or bestowing a reward or other compensation.”
4757:
refers to “knowledge systems, creations, innovations and cultural expressions that: have generally been transmitted from generation to generation; are generally regarded as pertaining to a particular people or its territory; have generally been developed in a non-systematic way; and, are constantly
4319:
mentions that several subject areas, such as traditional ways of problem-solving and medicinal knowledge, are interrelated in a spiritual way. The spiritual aspects of healing which precede the actual administration of some traditional medicines are considered very important, for instance, in every
4258:
provides that “he purposes of the Registers of Collective Knowledge of Indigenous Peoples shall be the following, as the case may be: (a) to preserve and safeguard the collective knowledge of indigenous peoples and their rights therein; (b) to provide INDECOPI with such information as enables it
4039:
Prior art is, in general, all the knowledge that existed prior to the relevant filing or priority date of a patent application, whether it existed by way of written and oral disclosure. In some legal instruments there is a differentiation between printed publications, oral disclosures and prior use
3830:
The term “cultural communities” is intended to be broad enough to include the nationals of an entire country, a “nation”, in cases where traditional cultural expressions are regarded as “national folklore” and belonging to all of the people of a particular country. This complements and accords with
3468:
In order to maintain an appropriate balance between the interests of rights holders and users of protected works, copyright laws allow certain limitations on economic rights, that is, cases in which protected works may be used without the authorization of the right holder and with or without payment
2874:
Paragraph 12 states that: “he heritage of indigenous peoples has a collective character and is comprised of all objects, sites and knowledge including languages, the nature or use of which has been transmitted from generation to generation, and which is regarded as pertaining to a particular people
2326:
According to Black’s Law Dictionary, a “disclosure” is a revelation of facts or act or process of making known something that was previously unknown. In the field of copyright, “disclosure” may mean making a work accessible to the public for the first time. First publication of works is one—but not
2247:
The author’s moral right may limit the right of third parties to make a derivative work. Therefore, even when a person is contractually or statutorily entitled to modify the work or to use it to create a derivative work, the author may object to any distortion of the work that is prejudicial to his
2073:
Black’s Law Dictionary defines “custodian” as a “person or institution that has charge or custody (of a child, property, papers, or other valuables).” According to the same source, “custody” refers to the care and control of a thing or person for inspection, preservation, or security. A “custodian”
1630:
According to the statement of the Food and Agriculture Organization (FAO) on biotechnology of 2000: “Interpreted in this broad sense, the definition of biotechnology covers many of the tools and techniques that are commonplace in agriculture and food production. Interpreted in a narrow sense, which
140:
Wikimedia has been collaborating with organisations in education, science, culture and many other areas for over 10 years, and several projects have been implemented with UN agencies. A specific area of Wikimedia called Wikiproject United Nations has been set up to help all UN agencies share content
4948:
Traditional knowledge and cultural expressions can be used for different purposes. The use of traditional knowledge or cultural expressions includes commercial or industrial use, customary use, fair use, household use and public health use of traditional medicine, and research and educational use.
4870:
Black’s Law Dictionary defines “unfair competition” as “dishonest or fraudulent rivalry in trade and commerce; esp., the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other
4852:
The Convention was adopted by United Nations Education, Science and Culture Organization (UNESCO) in 2003 and entered into force on April 20, 2006. It aims at safeguarding intangible cultural heritage, at ensuring respect for the intangible cultural heritage of communities, groups and individuals,
4707:
The Traditional Knowledge Resource Classification (TKRC) is an innovative structured classification system for the purpose of systematic arrangement, dissemination and retrieval which identifies about 5,000 sub–groups of traditional knowledge against one group in international patent classification
4113:
Defensive protection refers to a set of strategies to ensure that third parties do not gain illegitimate or unfounded intellectual property rights over traditional cultural expressions, traditional knowledge subject matter and related genetic resources. Defensive protection of traditional knowledge
3939:
Preservation has two broad elements – first, the preservation of the living cultural and social context of traditional knowledge and cultural expressions, so that the customary framework for developing, passing on and governing access to traditional knowledge or cultural expressions is maintained;
3823:
Black’s Law Dictionary defines “nation” as a large group of people having a common origin, language, and tradition and usually constituting a political entity. “Nationals” refers to persons, natural or legal, who are domiciled or who have a real and effective industrial or commercial establishment
3556:
as “the documents in which the International Searching Authority must search for relevant prior art. It also applies to International Preliminary Examining Authorities for examination purposes. The documentation comprises certain published patent documents and non-patent literature contained in a
3519:
Material Transfer Agreements (MTAs) are agreements in commercial and academic research partnerships involving the transfer of biological materials, such as germplasm, microorganisms and cell cultures to exchange of materials from a provider to a recipient and setting conditions for access to public
3176:
Indigenous communities, peoples and nations are those which, having a historical continuity with pre-invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing in those territories, or parts of them. They
3072:
The United Nations Environment Program (UNEP) List of Acronyms and Glossary Terms provide the following definition of “Indigenous people/s”: “No universal, standard definition. Usually considered to include cultural groups and their descendants who have a historical continuity or association with a
2991:
Article 7.III of the Brazilian Provisional Act No. 2,186-16, dated August 23, 2001, defines “local community” as a “human group, including descendants of Quilombo communities, differentiated by its cultural conditions, which is, traditionally, organized along successive generations and with its own
2699:
defines folklore using both of these alternatives, and considers it as meaning creations “by authors presumed to be nationals of the country concerned, or by ethnic communities.” According to the Law of Morocco, folklore comprises “all unpublished works of the kind”, whereas the Laws of Algeria and
1813:
Rio de Janeiro, Brazil. According to Article 1, the Convention aims at “the conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic
5027:
It is to be noted that, although intellectual property rights are exclusive rights, certain exceptions and limitations to the exclusive rights are provided. For example, in the field of patents, a number of countries provide in their national legislations for certain exceptions and limitations to
4818:
4730:
WHO defines the term as “the sum total of the knowledge, skills and practices based on the theories, beliefs and experiences indigenous to different cultures, whether explicable or not, used in the maintenance of health, as well as in the prevention, diagnosis, improvement or treatment of physical
4488:
3643:
The tort of misappropriation is part of unfair competition law in the common law system. Misappropriation thus entails the wrongful or dishonest use or borrowing of someone’s property, and is often used to found action in cases where no property right as such has been infringed. Misappropriation
3563:
In the PCT International Search Guidelines, the international search minimum documentation is defined as “a document collection that is systematically arranged (or otherwise systematically accessible) for search purposes according to the subject matter content of the documents, which are primarily
3327:
Further, nothing in such Guidelines should be interpreted to affect the sovereign rights of States over their natural resources, including their entitlement to set terms and conditions on access and benefit‑sharing. Guidelines would be voluntary and illustrative only. They would be no substitute
3322:
The purpose of the Intellectual Property Guidelines for Access and Benefit-sharing is to serve both providers and recipients of genetic resources when they negotiate, develop and draft the intellectual property elements of mutually agreed terms for access to genetic resources and benefit-sharing.
3196:
According to Black’s Law Dictionary, an infringement is an act that interferes with one of the exclusive rights of an intellectual property right owner. Specifically, in the field of copyright and related rights, infringement is an act carried out in respect of a work protected by copyright or an
2469:
The term “exceptions” sets the limits of the use of a copyrighted work. Exceptions are closely concerned with the acts that relate to the protected elements. Sometimes the word “exception” covers legislative decisions which remove certain original creations from the owner’s monopoly (the text of
2445:
Equitable remuneration refers to the remuneration of certain acts carried out in respect of a work or an object of related rights in an amount and in a manner consistent with what may be regarded as normal commercial standards in case of authorization of the same act by the owner of a copyright or
1750:
South Asia, for instance, the codified knowledge systems include the Ayurvedic system of medicine, which is codified in the 54 authoritative books of the Ayurvedic System, the Siddha system, as codified in 29 authoritative books, and the Unani Tibb tradition, as codified in 13 authoritative books.
1439:
Issues related to traditional knowledge are often intricately intertwined with cultural values and many disagreements involve questions of culturally appropriate usage, sharing of knowledge and proper attribution. ADR is an important element of the range of options available to indigenous peoples
1436:
Alternative dispute resolution (ADR) offers an alternative to formal court-based systems for tackling intellectual property disputes that may arise in relation to traditional knowledge, traditional cultural expressions and genetic resources. It seeks to resolve disputes in non-adversarial ways in
548:
5650:
International Labour Organization Convention 169 on Indigenous and Tribal Peoples (1989), United Nations Declaration on the Rights of Indigenous Peoples (2007), UNDG Guidelines on Indigenous Peoples’ Issues (2008); United Nations Permanent Forum on Indigenous Issues (under the Economic and Social
4929:
The Universal Declaration of Human Rights is a milestone document in the history of human rights. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed by the United Nations General Assembly in Paris on December 10,
4807:
3. International cooperation framework: The idea of strengthening cooperation among and between States Parties is present throughout the Convention. In cases where cultural patrimony is in jeopardy from pillage, Article 9 provides a possibility for more specific undertakings such as a call for
4802:
2. Restitution provisions: Per Article 7 (b) (ii) of the Convention, States Parties undertake, at the request of the State Party “of origin,” to take appropriate steps to recover and return any such cultural property imported after the entry into force of the Convention in both States concerned,
4563:
System for the Protection of Traditional Knowledge” (WIPO/GRTKF/IC/4/8), traditional knowledge is “traditional” because it is created in a manner that reflects the traditions of the communities. “Traditional”, therefore, does not necessarily relate to the nature of the knowledge but to the way in
4337:
In this regard, another delegation raised the question in three aspects: what was “traditional”, what was “knowledge”, and what should be protected? For example, there were views that spirituality or religions should be included in traditional knowledge, on the other hand, there were views that
4188:
The public domain has been defined in the field of copyright and related rights as “the scope of those works and objects of related rights that can be used and exploited by everyone without authorization, and without the obligation to pay remuneration to the owners of copyright and related rights
4183:
Black’s Law Dictionary defines the public domain as “he universe of inventions and creative works that are not protected by intellectual-property rights and are therefore available for anyone to use without charge. When copyright, trademark, patent, or trade-secret rights are lost or expire, the
3795:
A protocol was adopted in October 2010 during the tenth meeting of the Conference of the Parties (COP 10) held in Nagoya, Japan. According to Article 1, the Protocol aims to “the fair and equitable sharing of the benefits arising from the utilization of genetic resources, including by appropriate
3595:
A minority is a group which is numerically inferior to the rest of the population of a State and in a non-dominant position, whose members possess ethnic, religious or linguistic characteristics which differ from those of the rest of the population, and who if only implicitly, maintain a sense of
2905:
As indicated in the “List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found” (WIPO/GRTKF/IC/17/INF/9) “ is, in general, developed collectively and/or regarded as belonged collectively to an indigenous or local community or to groups of individuals within
2646:
Fixation is the process or result of recording a work of authorship in tangible form (Black’s Law Dictionary). Fixation of a work or object of related rights in material form (including storage in an electronic (computer) memory), must be done in a sufficiently stable form, in a way that on this
1716:
According to a glossary used by the United Nations Environment Program (UNEP), a Clearing House Mechanism (CHM) originally referred to a financial establishment where checks and bills are exchanged among member banks so that only the net balances need to be settled in cash. Today, its meaning has
1625:
any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.” The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the
1487:
Some national and regional laws for the protection of traditional knowledge and traditional cultural expressions provide rights directly to concerned peoples and communities. Many rather vest rights in a governmental authority, often providing that proceeds from the granting of rights to use the
505:
462:
416:
373:
8250:
4907:
In relation to traditional knowledge, traditional cultural expressions and genetic resources, Article 31.1 states that: “ndigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the
4682:
The Traditional Knowledge Digital Library (TKDL) is a pioneer initiative of India to prevent misappropriation of country’s traditional medicinal knowledge. An inter-disciplinary team of Traditional Medicine (Ayurveda, Unani, Siddha and Yoga) experts, patent examiners, IT experts, scientists and
4627:
The Dene Cultural Institute defines “traditional environmental knowledge” (TEK) as “a body of knowledge and beliefs transmitted through oral tradition and first-hand observation. It includes a system of classification, a set of empirical observations about the local environment, and a system of
3999:
of 1997 states in Article 5 that in all cases of research, treatment or diagnosis affecting an individual’s genome the potential risks and benefits should be assessed and “the prior, free and informed consent of the person concerned shall be obtained”. Article 6 of the United Nations Education,
3130:
Despite common characteristics, there does not exist any single accepted definition of indigenous peoples that captures their diversity as peoples. Self-identification as indigenous or tribal is usually regarded as a fundamental criterion for determining whether groups are indigenous or tribal,
2629:
defines the term as “the rights arising from the past, present and future contributions of farmers in conserving, improving, and making available plant genetic resources, particularly those in the centres of origin/diversity. These rights are vested in the International Community, as trustee for
2601:(see Article 10(1) concerning quotations, and Article 10(2) on free utilization of works—to the extent justified by the purpose—by way of illustration for teaching). For determining what kind of practice may be regarded as “fair,” the criteria of the three-step test should be taken into account.
2407:
The Oxford English Dictionary defines “documentation” as the accumulation, classification and dissemination of information; the material so collected. Documenting traditional knowledge and traditional cultural expressions may include recording them, writing them down, taking pictures of them or
2166:
As a capacity building tool, it aims to provide information resources for those seeking assistance on current practices relating to intellectual property, access and benefit-sharing and genetic resources and, as an empirical basis, it aims to contribute to the development by WIPO of intellectual
5078:
The WIPO Traditional Knowledge Documentation Toolkit is especially designed to be used by indigenous peoples and local communities. Others might also find it useful, such as public officials from IP offices, policy makers in general, research and cultural institutions undertaking documentation
4584:
WIPO uses the terms “traditional cultural expressions” and “expressions of folklore” to refer to tangible and intangible forms in which traditional knowledge and cultures are expressed, communicated or manifested. Examples include traditional music, performances, narratives, names and symbols,
4445:
The term is used in intellectual property law to describe a regime designed to protect rights that fall outside the traditional patent, trademark, copyright, and trade-secret doctrines. For example, a database may not be protected by copyright law if its content is not original, but it could be
4134:
Protocols are legal agreements, codes of conduct, guidelines or sets of manners that explain how people should behave in certain circumstances. They can be used to set community standards around knowledge circulation and use for outsiders as well as help change attitudes and set new standards.
3943:
Non-intellectual property laws and programs dealing with the safeguarding and promotion of living heritage can play a useful role in complementing laws dealing with intellectual property protection. Other international legal systems, such as the Convention on Biological Diversity (1992) and the
3906:
A patent is defined as “a document which describes an invention which can be manufactured, used, and sold with the authorization of the owner of the patent. An invention is a solution to a specific technical problem. A patent document normally contains at least one claim, the full text of the
3639:
In the field of intellectual property, Black’s Law Dictionary defines “misappropriation” as “the common-law tort of using the non-copyrightable information or ideas that an organization collects and disseminates for a profit to compete unfairly against that organization, or copying a work whose
3139:
defines “indigenous peoples” as “aboriginal peoples holding rights that existed prior to the formation of the Peruvian State, maintaining a culture of their own, occupying a specific territorial area and recognizing themselves as such. These include peoples in voluntary isolation or with which
2945:
Local communities may be defined as “the human population in a distinct ecological area who depend directly on its biodiversity and ecosystem goods and services for all or part of their livelihood and who have developed or acquired traditional knowledge as a result of this dependence, including
2843:
defines the term as “the reproductive or vegetative propagating material of the following categories of plants: i) cultivated varieties (cultivars) in current use and newly developed varieties; ii) obsolete cultivars; iii) primitive cultivars (land races); iv) wild and weed species, near
2731:
Black’s Law Dictionary defines a formality as an act, esp. an established form or conventional procedure, that must be done to make something legal. In the copyright context, the term “formality” refers to a procedural or administrative requirement, such as placing a copyright notice, deposing
2116:
It has been argued that customary law consists of indigenous customs practiced by traditional communities, and carrying along with them local sanctions for their breach. Most of customary law rules are unwritten and not uniform across ethnic groups. Differences in the customary laws of ethnic
1776:
One source indicates that consultation refers to the process whereby people exchange views and information. It is not just a one-way process, but a process of sharing knowledge and opinions. Consultation means working together, listening to what the other party has to say and acting upon it.
1755:
Another distinction has been made, namely between (i) traditional knowledge which has been codified, i.e., traditional knowledge which appears in written form, and which is in the public domain; and (ii) traditional knowledge which is not codified and which forms part of the oral traditions of
1481:
There is no universally accepted definition of the term. However, it has been argued by many stakeholders that traditional knowledge and traditional cultural expressions are generally regarded as collectively originated and held, so that any rights and interests in this material should vest in
5259:
In India the First Schedule of the Drugs and Cosmetics Act, No. 23 of 1940, as amended by the Drugs and Cosmetics (Amendment) Act No. 71 of 1986, specifies the authoritative books of the Ayurvedic, Siddha and Unani Tibb Systems. See Inventory of Existing Online Databases Containing Traditional
4406:
In its proposal “Declaration of source of genetic resources and traditional knowledge in patent applications” the Delegation of Switzerland proposed to require patent applicants to declare the “source” of genetic resources and traditional knowledge. It stated that “the term ‘source’ should be
3304:
From its first session, the IGC supported a task which would lead to the development by WIPO of Intellectual Property Guidelines for Access and Benefit-sharing. It was proposed that the Guidelines be based on a systemic survey of actual and model contractual agreements in the form of the WIPO
1644:
a) in vitro nucleic acid techniques, including recombinant deoxyribonucleic acid (DNA) and direct injection of nucleic acid into cells or organelles, or b) fusion of cells beyond the taxonomic family, that overcome natural physiological reproductive or recombination barriers and that are not
5083:
Intellectual property rights and other legal tools may be available to protect the knowledge when it is documented, but only if the right steps are taken during documentation. The WIPO Traditional Knowledge Documentation Toolkit will help to assess the intellectual property options, plan and
4346:
generally, sacred traditional knowledge is non-disclosed or is disclosed in particular contexts and conditions to members of indigenous and local communities, though some may be disclosed to external members of indigenous and local communities in special conditions. As indicated above and in
2814:
The Food and Agriculture Organization (FAO) Glossary for Fisheries defines the term as “germplasm of plants, animals or other organisms containing useful characters of actual or potential value. In a domesticated species it is the sum of all the genetic combinations produced in the process of
2376:
to provide an undertaking or evidence of prior informed consent (a compliance function, relating to the legitimacy of the acts of access to genetic resources/traditional knowledge source material) - this may entail showing that genetic resources/traditional knowledge used in the invention was
1412:
Adaptation is the act of altering a pre-existing work (either protected or in the public domain) or a traditional cultural expression, for a purpose other than for which it originally served, in a way that a new work comes into being, in which the elements of the pre-existing work and the new
1230:
is a resource with over 100 definitions created by the World Intellectual Property Organisation who have generously released it under an open license so we can use the text directly on Knowledge. Please help spread this knowledge by adding information from the glossary (in the table below) to
5438:
WIPO Technical Study on Patent Disclosure Requirements related to Genetic Resources and Traditional Knowledge, WIPO Publication No. 786(E), p. 65. A new WIPO study on patent disclosure requirements entitled “Key Questions on Developing Patent Disclosure Requirements for Genetic Resources and
4202:
The role, contours and boundaries of the “public domain” are under active discussion in several forums, including in WIPO and the IGC. The “Note on Meanings of the Term ‘Public Domain’ in the Intellectual Property System, with Special Reference to the Protection of Traditional Knowledge and
4100:
Two aspects of positive protection of traditional knowledge and traditional cultural expressions by intellectual property rights are explored, one concerned with preventing unauthorized use and the other concerned with active exploitation of the traditional knowledge and traditional cultural
3671:
In the field of patents, Black’s Law Dictionary defines “misuse” as “the use of a patent either to improperly extend the granted monopoly to non-patented goods or to violate antitrust laws.” In general, Black’s Law Dictionary states: “improper use, in an unintended or unforeseeable manner.”
4803:
provided, however, that the requesting State shall pay just compensation to an innocent purchaser or to a person who has valid title to that property. More indirectly and subject to domestic legislation, Article 13 of the Convention also provides provisions on restitution and cooperation.
4387:
Something “secret” is something that is kept from the knowledge of others or shared only with those concerned (Black’s Law Dictionary). “Sacred-secret” traditional knowledge and cultural expressions have a secret or sacred significance according to the customary law and practices of their
3446:
Licensing agreements are described as agreements setting out certain permitted use of materials or rights that the provider is entitled to grant, such as agreements to license the use of genetic resources as research tools, or to license the use of associated traditional knowledge or other
3390:
The International Treaty on Plant Genetic Resources for Food and Agriculture (the ITPGRFA) was adopted by the Thirty-First Session of the Conference of the Food and Agriculture Organization of the United Nations on November 3, 2001, and entered into force in 2004. The Treaty aims at: (1)
3013:
Indigenous knowledge is knowledge held and used by communities, peoples and nations that are “indigenous”. In this sense, “indigenous knowledge” would be the traditional knowledge of indigenous peoples. Indigenous knowledge is, therefore, a part of the traditional knowledge category, but
4495:
A protocol was adopted by member states of the African Regional Intellectual Property Organization (ARIPO) in August 2010 during the Diplomatic Conference held in Swakopmund, Namibia. According to Article 1.1, this Protocol aims: “(a) to protect traditional knowledge holders against any
4711:
The TKRC has been developed for the Indian Systems of medicine (Ayurveda, Unani, Siddha and Yoga). The TKRC has gained international recognition and linked with the IPC. It is likely to facilitate greater awareness on the traditional knowledge systems by leveraging the modern system of
4054:(EPC) defines the equivalent term “the state of the art” as comprising “everything made available to the public by means of a written or oral description, by use, or in any other way, before the filing of the European patent application.” With reference to this provision of the EPC, the
4512:“Tangible” refers to an expression capable of being touched and seen; perceptible to the touch; capable of being possessed or realized. It is opposed to “intangible” which refers to something that lacks a physical form, not capable of being touched; impalpable (Black’s Law Dictionary).
4790:
The Convention was adopted by United Nations Education, Science and Culture Organization (UNESCO) in 1970 to protect the cultural property existing within the territories of States against the dangers of theft, clandestine excavation, and illicit export. It entered into force in 1972.
2377:
obtained and used in compliance with applicable laws in the country of origin or in compliance with the terms of any specific agreement recording prior informed consent; or showing that the act of applying for a patent was in itself undertaken in accordance with prior informed consent.
4656:“Traditional knowledge,” as a broad description of subject matter, generally includes the intellectual and intangible cultural heritage, practices and knowledge systems of traditional communities, including indigenous and local communities (traditional knowledge in a general sense or
1742:
In the field of traditional medicine, for example, the Traditional Medicine Team of the World Health Organization (WHO) distinguishes between (a) codified systems of traditional medicine, which have been disclosed in writing in ancient scriptures and are fully in the public domain,
5911:
Glossary on Intangible Cultural Heritage, Netherlands National Commission for UNESCO, 2002 (“... A nation can be a cultural community”), as quoted in “The Protection of Traditional Cultural Expressions/Expressions of Folklore: Revised Objectives and Principles”, WIPO/GRTKF/IC/17/4.
2657:
The fixation of traditional cultural expressions in a material form may establish new intellectual property rights in the fixation and these rights may be used indirectly to protect the traditional cultural expressions themselves—such a strategy has been used to protect ancient rock
4305:“Sacred” refers to “any expression of traditional knowledge that symbolizes or pertains to religious and spiritual beliefs, practices or customs. It is used as the opposite of profane or secular, the extreme forms of which are commercially exploited forms of traditional knowledge.”
4135:
Generally, protocols are flexible and can change over time. They may be used as tools to help achieve certain goals that other areas of law have been unable to fulfill. As formal or informal guidelines for behavior, protocols can help build relationships and make new ones possible.
1991:(a) monuments: architectural works, works of monumental sculpture and painting, elements or structures of an archaeological nature, inscriptions, cave dwellings and combinations of features, which are of outstanding universal value from the point of view of history, art or science;
2531:, 1982, “expressions of folklore" are productions consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community of a country or by individuals reflecting the traditional artistic expectations of such a community, in particular:
833:
790:
747:
698:
655:
1395:. The steps involved in the process of obtaining access to genetic resources and sharing of benefits may include activities prior to access, research, and development conducted on the genetic resources, as well as their commercialization and other uses, including benefit-sharing.
3744:(2007), in its preamble, considers mutual respect as a standard of achievement to be pursued in a spirit of partnership. “Mutual” relates to two or more people, having the same feelings for each other; standing in reciprocal relation to one another (Oxford English Dictionary).
3063:“(a) Tribal peoples in independent countries whose social, cultural and economic conditions distinguish them from other sections of the national community, and whose status is regulated wholly or partially by their own customs or traditions or by special laws or regulations;
4518:
They are not necessarily reduced to a material form, but must be incorporated in a permanent material, such as stone, wood, textile, gold, etc. Tangible expressions qualify as protected expressions of folklore. Examples of constitutive elements of tangible expressions are:
2408:
filming them—anything that involves recording them in a way that preserves them and could make them available for others. It is different from the traditional ways of preserving and passing on traditional knowledge and traditional cultural expressions within the community.
612:
1693:
in order to provide guidance in respect of implementation of relevant provisions under Articles 8(j), 10(c), 15, 16 and 19 of the Convention related to access to genetic resources and benefit-sharing. The Guidelines are voluntary in nature and are addressed to a range of
2141:
Customary practices may be described as the acts and uses governing and guiding aspects of a community’s life. Customary practices are engrained within the community and embedded in the way it lives and works. They cannot be perceived as stand-alone, codified “laws” as
6238:
See WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999) “Intellectual Property Needs and Expectations of Traditional Knowledge”, at p. 25, available at https://www.wipo.int/publications/en/details.jsp?id=283&plang=EN.
2090:“Customary context” refers to the utilization of traditional knowledge or cultural expressions in accordance with the practices of everyday life of the community, such as, for instance, usual ways of selling copies of tangible expressions of folklore by local craftsmen.
2630:
present and future generations of farmers, for the purpose of ensuring full benefits to farmers, and supporting the continuation of their contributions, as well as the attainment of the overall purposes of the FAO International Undertaking on Plant Genetic Resources.”
4603:
According to Black’s Law Dictionary, traditions refer to past customs and usages that influence or govern present acts or practices. Intellectual property laws draw a distinction between traditional culture (which may be referred to as traditional culture or folklore
3037:(2007) acknowledges the equal human rights of indigenous peoples against cultural discrimination and seeks to promote mutual respect and harmonious relations between the indigenous peoples and States. However, it does not provide a definition of “indigenous peoples”.
4843:
1186:
870:
WIPO's IP Statistics Data Center is an online service, which provides access to WIPO’s extensive statistical data on IP activity worldwide. It can be searched using a wide range of indicators. Results can be viewed or downloaded both the latest and historical data.
886:
3802:
Several articles are specifically related to traditional knowledge associated with genetic resources, such as Article 7 (Access to Traditional Knowledge Associated with Genetic Resources), Article 12 (Traditional Knowledge Associated with Genetic Resources), and
330:
1918:“Cultural community” has been defined as a tightly knit social unit whose members experience strong feelings of unity and solidarity and which is distinguished from other communities by its own culture or cultural design, or by a variant of the generic culture.
5168:
WIPO Background Brief No. 8, Alternative Dispute Resolution for Disputes Related to Intellectual Property and Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources, available at https://www.wipo.int/publications/en/details.jsp?id=3877.
2824:
Article 2 of the FAO International Treaty on Plant Genetic Resources for Food and Agriculture (2001) defines “plant genetic resources” as “any material of plant origin, including reproductive and vegetative propagating material, containing functional units of
2153:
8499:: Save the changes to the existing article or publish the new article. In the edit summary include that you are using open license text and name the source (sometimes open license text can be flagged as a copyright violation, this helps avoid those issues).
3047:
Mr. J. Martínez Cobo, is regarded as an acceptable working definition by many indigenous peoples and their representative organizations. The Study understands indigenous communities, peoples and nations as “those which, having a historical continuity with
1537:(1992), this term “includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.” Genetic resources form, therefore, one category of biological resources.
982:
It also reports on the extent to which these international registrations are used by holders to protect their marks for certain goods and services and to broaden their geographic coverage, as well as how international registrations are maintained over time.
1171:(IP), creativity and innovation at work across the world. The print edition is published quarterly. Additional online features are published periodically. Unless specified otherwise, the WIPO Magazine is licensed under the Creative Commons Attribution 4.0.
5580:
Standard-Setting: Future Priorities for Standard-Setting Activities, Review of the draft principles and guidelines on the heritage of indigenous peoples, Working paper submitted by Yozo Yokota and the Saami Council, E/CN.4/Sub.2/AC.4/2006/5, 16 June 2006.
4320:
country in West Africa although it is recognized that they cannot come under scientific scrutiny. In certain traditional knowledge systems, non-material beliefs and cultural codes are supposed to explain or guide the consequences of material transactions.
3574:
For instance, the Indian Journal of Traditional Knowledge and the Korean Journal of Traditional Knowledge are identified as non-patent literature in the “PCT Minimum Documentation – List of Periodicals: Periodicals to Be Used for Search and Examination.”
4620:
3764:(1992) provides that “access, where granted, shall be on mutually agreed terms and subject to the provisions of this Article”. The Executive Secretary of the Convention has noted that contracts are the most common way of recording mutually agreed terms.
1516:“variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.”
6122:
See WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999) “Intellectual Property Needs and Expectations of Traditional Knowledge”, p. 171, available at https://www.wipo.int/tk/en/tk/ffm/report/index.html.
3414:
According to article 33 of the PCT, a claimed invention shall be considered to involve an inventive step “if, having regard to the prior art as defined in the Regulations, it is not, at the prescribed relevant date, obvious to a person skilled in the
923:
The PCT Yearly Review summarizes PCT activities and contains a comprehensive set of statistics relating to PCT international applications, as well as statistics relating to PCT national phase entries, and to the overall performance of the PCT System.
6699:
6693:
6687:
3570:
In February of 2003, at the seventh session of the Meeting of International Authorities under the PCT, there was agreement in principle that Traditional Knowledge documentation should be included in the non-patent literature part of the PCT Minimum
1631:
considers only the new DNA techniques, molecular biology and reproductive technological applications, the definition covers a range of different technologies such as gene manipulation and gene transfer, DNA typing and cloning of plants and animals.”
3994:
The notion was originally derived from medical ethics in which a patient has the right to decide whether or not to undergo a medical treatment after being fully informed about the risks and benefits of that particular treatment. For instance, the
4748:
Traditions are a set of cultural practices and ideas, which are considered to belong to the past and which are designated a certain status. Tradition-based creations or innovations refer to innovations and creations based on traditional knowledge
5966:“United Nations Economic and Social Council Permanent Forum on Indigenous Issues”, Fourth Session, and “Report of the International Workshop on Methodologies regarding Free, Prior and Informed Consent and Indigenous Peoples”, E/C.19/2005/3. p.8.
1367:
of the Food and Agriculture Organization (FAO) requires in Article 1 the “fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity for sustainable agriculture and food security.”
4091:“Protection” in the work of the IGC has tended to refer to protection of traditional knowledge and traditional cultural expressions against some form of unauthorized use by third parties. Two forms of protection have been developed and applied.
3297:
2123:
Some of the working documents of the IGC make reference to customary laws and protocols and some note that these should be taken into account in devising a new system of protection for traditional knowledge or traditional cultural expressions.
2117:
groups can be traced to various factors such as language, proximity, origin, history, social structure and economy. Customary law is not static, but dynamic; its rules change from time to time to reflect changing social and economic conditions.
5057:(2010) defines at Article 2(c) as follows: “to conduct research and development on the genetic and/or biochemical composition of genetic resources, including through the application of biotechnology as defined in Article 2 of the Convention.”
2364:
to disclose any genetic resources/traditional knowledge actually used in the course of developing the invention (a descriptive or transparency function, pertaining to the genetic resources/traditional knowledge itself and its relationship with
3963:
A right or principle of “prior informed consent” (PIC) or sometimes “free, prior and informed consent” (FPIC) is referred to or implied in several international instruments, particularly in the environmental field, such as Article 6(4) of the
1996:(b) groups of buildings: groups of separate or connected buildings which, because of their architecture, their homogeneity or their place in the landscape, are of outstanding universal value from the point of view of history, art or science;
1756:
indigenous communities. The “List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found” (WIPO/GRTKF/IC/17/INF/9) discusses codified traditional knowledge and non-codified traditional knowledge further.
5260:
Knowledge Documentation Data (WIPO/GRTKF/IC/3/6), para. 8. Also see Karin Timmermans and Togi Hutadjulu, The TRIPs Agreement and Pharmaceuticals: Report of an ASEAN Workshop on the TRIPs Agreement and its Impact on Pharmaceuticals, p. 45.
4977:
The term “continuing customary use” refers to the persistence and living nature in the use of traditional knowledge and/or traditional cultural expressions by indigenous communities in accordance with their own customary laws and practices.
4941:
3240:
According to Black’s Law Dictionary, “intangible” refers to something that lacks a physical form. “Tangible” on the other hand is defined as “having or possessing physical form; capable of being touched and seen; perceptible to the touch.”
3530:
The Food and Agriculture Organization (FAO) has developed and adopted in 2006 a Standard Material Transfer Agreement (SMTA) as required for the implementation of the International Treaty on Plant Genetic Resources for Food and Agriculture
3465:“Limitation”, according to Black’s Law Dictionary, refers to the act of limiting; the quality, state, or condition of being limited, a restriction. The word “limits,” in addition to “exceptions,” refers to “boundaries” or “restrictions”.
5075:
of intellectual property concerns during the documentation process, and also takes the documentation process as a starting point for a more beneficial management of traditional knowledge as a community’s intellectual and cultural asset.
2026:(1989) stipulates that governments should promote the full realization of the social, economic and cultural rights of these peoples with respect for their social and cultural identity, their customs and traditions and their institutions.
4046:
that the claimed invention is or is not new and that it does or does not involve an inventive step (i.e. that it is or is not obvious), provided that the making available to the public occurred prior to the international filing date.”
2048:(1970) as property which, on religious or secular grounds, is specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science and which belongs to the following categories:
2190:(2010) provides the following definition: “a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity.”
3944:
United Nations Education, Science and Culture Organization (UNESCO) deal with aspects of conservation, preservation and safeguarding of traditional knowledge and traditional cultural expressions within their specific policy contexts.
3223:
conditions” means “conditions where genetic resources exist within ecosystems and natural habitats, and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties.”
1482:
communities rather than individuals. In some cases, however, individuals, such as traditional healers, might be regarded as the holders of traditional knowledge or traditional cultural expressions and as beneficiaries of protection.
6231:
Fikret Berkes, Traditional Ecological Knowledge in Perspective. Traditional Ecological Knowledge: Concepts and Cases. International Program on Traditional Ecological Knowledge and International Development Research Centre, Ottawa.
3014:
traditional knowledge is not necessarily indigenous. Yet the term is also used to refer to knowledge that is itself “indigenous”. In this sense, the terms “traditional knowledge” and “indigenous knowledge” may be interchangeable.
2483:(i) the exception may only cover certain special cases; (ii) the exception must not conflict with a normal exploitation of the work and (iii) must not unreasonably prejudice the legitimate interests of the rights of right owners.
2001:(c) sites: works of man or the combined works of nature and of man, and areas including archaeological sites which are of outstanding universal value from the historical, aesthetic, ethnological or anthropological points of view.
6087:
Article 16 of Law N° 27811, Law Introducing a Protection Regime for the Collective Knowledge of Indigenous Peoples Derived from Biological Resources. The law is available at https://www.wipo.int/wipolex/en/details.jsp?id=3420.
1492:
Discussions on the issue have noted that the term could include indigenous peoples, indigenous communities, local communities, traditional communities, cultural communities, nations, individuals, groups, families, and minorities.
4769:
The “List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found” (WIPO/GRTKF/IC/17/INF/9) discusses traditional knowledge “as such” and traditional knowledge-based creations and innovations
4765:
Tradition-based innovation refers the case where tradition is a source of innovation by members of the relevant cultural community or outsiders, and can also identify others uses of tradition relevant to an intellectual property
145:. WIPO has been collaborating with Wikimedia since 2021, which resulted with the creation and improvement of several articles on the English Knowledge, as well as additions to Wikidata and Wikimedia Commons. Since February 2022,
5360:
Art. 2(3) Berne Convention. “Translations, adaptations, arrangements of music and other alterations of a literary or artistic work shall be protected as original works without prejudice to the copyright in the original work.”
4660:). In other words, traditional knowledge in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with traditional knowledge.
3140:
contact has not been made, and also rural and native communities. The term ‘indigenous’ shall encompass, and may be used as a synonym of, ‘aboriginal’, ‘traditional’, ‘ethnic’, ‘ancestral’, ‘native’ or other such word form.”
1125:, a free of charge comprehensive online database developed and maintained by WIPO. It serves as a global resource for trademark information, providing users with access to a vast collection of international trademark records.
6058:
See UNEP/CBD/WG-ABS/8/2, Report of the Meeting of the Group of Technical and Legal Experts on Traditional Knowledge Associated with Genetic Resources in the Context of the International Regime on Access and Benefit-Sharing.
5669:
United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities and its Study of the Problem of Discrimination against Indigenous Populations, UN Doc. E/CN.4/Sub.2/1986/7/Add.4., para 379 (1986).
4665:
of contexts, including: agricultural knowledge; scientific knowledge; technical knowledge; ecological knowledge; medicinal knowledge, including related medicines and remedies; and biodiversity-related knowledge, etc.
4903:
in 2007. The Declaration acknowledges the equal human rights of indigenous peoples against cultural discrimination and seeks to promote mutual respect and harmonious relations between the indigenous peoples and States.
3672:
Dictionaries generally define misuse as a wrong, incorrect or improper use, or misapplication. Misuse may also refer to improper or excessive use, or to acts which change the inherent purpose or function of something.
2233:
In this sense, a “derivative work” includes compilations of data or other material, whether in machine-readable or other form, which, by reason of the selection or arrangement of their contents, constitute intellectual
4550:
The term “traditional” means that the knowledge or cultural expressions derive from or are based upon tradition, identify or are associated with an indigenous or traditional people, and may be practiced in traditional
2308:
The “List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found” (WIPO/GRTKF/IC/17/INF/9) discusses disclosed traditional knowledge and undisclosed traditional knowledge further.
5223:
UNEP Glossary of Terms for Negotiators of Multilateral Environmental Agreements, page 22, available at https://www.unenvironment.org/resources/report/glossary-terms-negotiators-multilateral-environmental-agreements.
1787:(1989) states that consultations should be undertaken “in good faith and in a form appropriate to the circumstances, with the objective of achieving the agreement or consent to the proposed measures” (Article 6(2)).
1652:
the application of science and technology to living organisms, as well as parts, products and models thereof, to alter living or non-living materials for the production of knowledge, goods and services” combined with
4203:
Traditional Cultural Expressions/Expressions of Folklore” (WIPO/GRTK/IC/17/INF/8) discusses the meanings of the term “public domain” in relation to traditional knowledge and traditional cultural expressions further.
5136:
3609:
States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that
4237:
Registers can be analyzed from many different perspectives. According to their legal nature, registers can be termed either declarative or constitutive, depending upon the system under which they are established.
4699:
4146:
5904:
Dieter Kugelmann, The Protection of Minorities and Indigenous Peoples Respective Cultural Diversity, A. Von Bogdandy and R. Wolffrum, (eds), Max Planck Year Book of United Nations Law, Vol. 11, 2007, p. 235.
4008:
The term flows from the implementation of the general principle of participation of indigenous peoples in decision-making, involvement in the formulation, implementation and evaluation of programs affecting
1649:
The Organization for Economic Cooperation and Development (OECD) uses a deliberately broad definition, covering all modern biotechnology but also many traditional or borderline activities. Biotechnology is
6027:
Jane Anderson, “Indigenous Knowledge/Traditional Knowledge and Intellectual Property,” Issues Paper, Centre for the Public Domain, Duke University, 2011, available at http://www.law.duke.edu/cspd/itkpaper.
5599:“The Concept of Local Communities”, Background paper prepared by the Secretariat of the Permanent Forum on Indigenous Issues for the Expert Workshop on the Disaggregation of Data (PFII/2004/WS.1/3/Add.1).
5573:
Document UNEP/CBD/WG-ABS/9/INF/1 (The Concept of “Genetic Resources” in the Convention on Biological Diversity and how it relates to a functional international regime on access and benefit-sharing”), p. 8.
4523:
Productions of folk art, in particular, drawings, paintings, carvings, sculptures, pottery, terracotta, mosaic, woodwork, metalware, jewellery, basket weaving, needlework, textiles, carpets, costumes;
2844:
relatives of cultivated varieties; and v) special genetic stocks (including elite and current breeders’ line and mutants).” The International Undertaking does not refer to “functional units of heredity.”
5978:
See Section 35 U.S.C. 102, available at: https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#al_d1fbe1_19797_b0. It is referred to Section 35 U.S.C. 151 – Issue of patent, which is available
5924:
See Section 35 U.S.C. 102, available at: https://www.uspto.gov/web/offices/pac/mpep/mpep-9015-appx-l.html#al_d1fbe1_19797_b0. It is referred to Section 35 U.S.C. 151 – Issue of patent, which is available
3256:
in the following domains: a) oral traditions and expressions, including language as a vehicle of the intangible cultural heritage; b) performing arts; c) social practices, rituals and festive events;
1601:
Biotechnological inventions fall into three categories: processes of the creation and modification of living organisms and biological material, the results of such processes, and the use of such results.
8407:: Add graphics from the source if they are available by uploading them to Wikimedia Commons where the license on the graphics allows. You can also add in tables to the article, if the table is in a PDF (
3409:
Inventive step (also referred to as “non-obviousness”) is one of the criteria of patentability and relates to the question of whether the invention would have been obvious to a person skilled in the art.
1387:, of their by-products and, if applicable, of their intangible components, for purposes of research, biological prospecting, conservation, industrial application and commercial use, among other things.”
2831:
Article 2 of the FAO International Code of Conduct for Plant Germplasm Collecting and Transfer (1993) defines plant genetic resources as “the reproductive or vegetative propagating materials of plants.”
1128:
4741:
3126:(c) they typically aspire to remain distinct culturally, geographically and institutionally rather than assimilate fully into national society; and (d) they self-identify as indigenous or tribal.”
4472:
26 June 2000 on the Special Intellectual Property Regime with Respect to the Collective Rights of Indigenous Peoples to the Protection and Defense of their Cultural Identity and Traditional Knowledge
3332:
Traditional knowledge is often associated with genetic resources, and this can provide valuable insights into how genetic resources can be preserved, maintained, and used for the benefit of humanity.
2429:
Black’s Law Dictionary defines due diligence as the diligence reasonably expected from, and ordinarily exercised by, a person who seeks to satisfy a legal requirement or to discharge an obligation.
3383:
1828:
1577:(1992), biological resources include “genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity.”
2019:
Cultural identity denotes the correspondence which exists between a community—national, ethnic, linguistic, etc.—and its cultural life, as well as the right of each community to its own culture.
5236:
Ayurveda is a codified system of traditional medicine which was disclosed in writing in the Vedic period when the Aryans compiled the four Vedas (1500-1800 B.C.) with maximum references in the
1735:
Codified traditional knowledge is “traditional knowledge which is in some systematic and structured form, in which the knowledge is ordered, organized, classified and categorized in some manner
1417:(1971) provides that authors of literary and artistic works shall enjoy the exclusive right of authorizing adaptations, arrangements and other alterations of their works. Black’s Law Dictionary
1080:, an online database developed and maintained by WIPO. It serves as a global resource for industrial designs, providing users with access to a vast collection of international design records
4069:
Section 29 of Japanese Patent Law indirectly defines “prior art” as “(i) inventions that were publicly known in Japan or a foreign country, prior to the filing of the patent application;
3109:
The voluntary perpetuation of cultural distinctiveness, which may include aspects of language, social organization, religion and spiritual values, modes of production, laws and institutions;
168:
except for some content published under more restrictive terms, new WIPO online publications and other online content are issued under an Attribution 4.0 International CC license (CC BY 4.0)
1879:
1940:(2005), cultural diversity refers to the manifold ways in which the cultures of groups and societies find expression. These expressions are passed on within and among groups and societies.
4230:
2942:(1992) uses the term “indigenous and local communities” in recognition of communities that have a long association with the lands and waters that they have traditionally live on or used.
2700:
Tunisia do not restrict the scope of folklore to unpublished works. The Law of Senegal explicitly understands the notion of folklore as comprising both literary and artistic works. The
4989:
following statutory factors: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount of the work used, and (4) the economic impact of the use.”
4004:
of 2005 requires the “prior, free and informed consent of the person concerned” when it comes to “preventive, diagnostic and therapeutic medical intervention” or “scientific research.”
5105:
were adopted in 1982 by a Committee of Governmental Experts convened jointly by WIPO and United Nations Education, Science and Culture Organization (UNESCO). The provisions provide a
4196:
and forming, therefore, different public domains), after expiration of patents (regularly 20 years), in consequence of non renewal, after revocation and after invalidation of patents.
2923:
The term “indigenous and local communities” has been the subject of considerable discussion and study and there is no universal, standard definition thereof. The term is used in the
2916:
2854:
1547:(1996) defines the term as “individuals, organisms or parts of them, populations or any biotic component of value or of real or potential use that contains a genetic resource or its
5338:
Customary Law, Traditional Knowledge and Intellectual Property: An Outline of the Issues (2013) https://www.wipo.int/export/sites/www/tk/en/resources/pdf/overview_customary_law.pdf
5323:
Customary Law, Traditional Knowledge and Intellectual Property: An Outline of the Issues (2013) https://www.wipo.int/export/sites/www/tk/en/resources/pdf/overview_customary_law.pdf
4280:
Reputation, according to Black’s Law Dictionary, refers to the esteem in which a person is held by others. Reputation appears under the umbrella of author’s moral rights protection.
5854:
Art.2 (1) Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by General Assembly Resolution 47/135 of December 1992.
2446:
related rights. Such remuneration is usually payable when economic rights are reduced to a right to remuneration (and, in general, applied on the basis of a non-voluntary license).
2298:
5619:
WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999) “Intellectual Property Needs and Expectations of Traditional Knowledge”, p.23.
5587:
WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999) “Intellectual Property Needs and Expectations of Traditional Knowledge”, p. 26.
3099:
The IFAD Policy on Engagement with Indigenous Peoples, prepared by the International Fund for Agricultural Development (IFAD), provides that “Consistent with international practice
5144:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, Art. 5(4).
4853:
at raising awareness of the importance of intangible cultural heritage and at ensuring mutual appreciation thereof, and at providing for international cooperation and assistance.
3041:
The description of the concept of “indigenous” in the Study of the Problem of Discrimination Against Indigenous Populations, prepared by Special Rapporteur of the United Nations
1728:
120:(WIPO) is one of several UN agencies producing publications and other text available under an open license (CC BY) that can be copied into Knowledge and other Wikimedia projects.
3979:(1992) states in Article 15(5) that it “shall be subject to prior informed consent of the Contracting Party providing such resources, unless otherwise determined by that Party.”
3527:
WIPO has developed the Database of Biodiversity-related Access and Benefit-sharing Agreements containing contractual clauses related to the transfer and use of genetic resources.
2470:
laws or judicial decisions, for example) but, on the whole, it is a question of determining what uses of protected elements are neither subject to authorization nor remuneration.
2327:
the only possible—form of disclosure, since works may also be disclosed through non-copy related acts, such as public performance, and broadcasting to the public by cable (wire).
4892:
3512:
2560:
128:
8533:. Text from multiple pages of the same source can be attributed at the same time using page numbers, when using text from more than one source please attribute separately.
4973:, 2002, defines customary use as “the use of traditional knowledge or expressions of culture in accordance with the customary laws and practices of the traditional owners.”
4399:
4189:
concerned – as a rule because of the expiry of their term of protection, or due to the absence of an international treaty ensuring protection for them in the given country.”
3789:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (2010)
3592:
According to Black’s Law Dictionary, “minority” refers to a group that is different in some respect from the majority and that is sometimes treated differently as a result.
2101:
1587:
6966:
1488:
traditional knowledge or cultural expressions shall be applied towards educational, sustainable development, national heritage, social welfare or culture related programs.
6129:
Statement by the Delegation of New Zealand during the eleventh session of the Committee. See Adopted Report of the Eleventh Session (WIPO/GRTKF/IC/11/15), paragraph 220.
3208:
2906:
such a community. Nonetheless, a particular individual member of a community, such as a certain traditional healer or individual farmer, might hold specific knowledge.”
2206:
In copyright law, the term “derivative works” refers to the translations, adaptations, arrangements and similar alterations of preexisting works which are protected under
1334:
4632:
with historical continuity in resource use practices; by and large, these are non-industrial or less technologically advanced societies, many of them indigenous or tribal
1598:
as “inventions which concern a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used.”
6995:
6437:
3547:
5175:
Recommendations for African Negotiators from the 2nd Preparatory Meeting of African Indigenous Peoples and Local Communities, UNEP/CBD/COP/10/INF/37, 14 October 2010.
4326:
The core of sacred and secret traditional is considered in indigenous and local communities in different ways, and is stored, transmitted and recorded in diverse ways.
3806:
Article 16 (Compliance with Domestic Legislation or Regulatory Requirements on Access and Benefit-Sharing for Traditional Knowledge Associated with Genetic Resources).
2775:
It has also been suggested that genetic material can be understood “as material from any biological source where units of heredity are operating or having a function.”
2691:
that contains no definition) is that folklore must have been created by authors of unknown identity but presumably being or having been nationals of the country. The
1709:
1452:
6110:
Daniel J. Gervais, Spiritual but not Intellectual: the Protection of Sacred Intangible Traditional Knowledge, 11 Cardozo J. Int’l & Comp. L. 467, 469-490 (2003).
5311:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, 1982, Part III, para. 42.
5109:
model for intellectual property-type protection of traditional cultural expressions/expressions of folklore, which has been fairly widely used by WIPO Member States.
5055:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
3776:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
3086:
collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories;
2933:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
2382:
Alternative mechanisms to disclosure requirements have been proposed. Another current international initiative for a disclosure requirement is the proposed Article 29
2188:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
1350:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity
6135:
Statement by the Delegation of Japan during the eleventh session of the Committee. See Adopted Report of the Eleventh Session (WIPO/GRTKF/IC/11/15), paragraph 296.
2520:
2346:
3284:(1971), the prohibition of other derogatory actions in relation to the said work which would be prejudicial to the author’s honor or reputation was added (Article 6
5535:
Terri Janke, “Unauthorized Reproduction of Rock Art”, in Minding Culture: Case Studies on Intellectual Property and Traditional Cultural Expressions, WIPO, 2003.
4930:
1948, as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected.
4608:) and, modern, evolving cultural expressions created by current generations of society and based upon or derived from pre-existing traditional culture or folklore.
2438:
1814:
resources and by appropriate transfer of relevant technologies, taking into account all rights over those resources and to technologies, and by appropriate funding
1463:(1992), uses the phrase “approval and involvement,” various decisions on Article 8(j) have consistently interpreted this term to mean “prior and informed consent.”
6116:
Gupta, A., “Rewarding Traditional Knowledge and Contemporary Grassroots Creativity: The Role of Intellectual Property Protection”, on file with the Secretariat.
5663:
Available at http://www.undp.org/content/undp/en/home/librarypage/environment-energy/local_development/undp-and-indigenous-peoples-a-policy-of-engagement.html
7684:
7388:
6374:
3753:
8589:
Add the relevant information into the Title, Author, Publisher, Source, URL, License statement URL (if not stated within the document) fields and License (e.g.
8514:
6204:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, 1982, Part III. 42.
2661:
It has been argued that the use of the term “expression” could give the impression of a fixation requirement for protection of traditional cultural expressions.
1965:(2005) defines cultural expressions as “those expressions that result from the creativity of individuals, groups and societies, and that have cultural content.”
8020:
7107:
6882:
6854:
4595:
4505:
3439:
2732:
copies or registration, to be fulfilled as condition for the acquisition, enjoyment and exercise (including the enforceability) of copyright or related rights.
2495:
1954:
1526:
1503:
6186:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, 1982, Sect.2(iv).
5714:
See document WIPO/GRTKF/IC/17/INF/12 (Genetic Resources: Draft Intellectual Property Guidelines for Access and Equitable Benefit-sharing: Updated version).
3890:“Offensive” refers to the causing of displeasure, anger or resentment; repugnant to the prevailing sense of what is decent or moral (Black’s Law Dictionary).
8048:
6180:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, 1982,, Part III.
4540:
4427:
3700:, for a right of the author to object to any distortion, mutilation or other modification of his work which would be prejudicial to his honor or reputation.
2613:
2134:
47:
8333:: Correct any formatting issues with the text, add headings and subheadings, change any wording not suitable for Knowledge and add links to other articles.
5187:
Article 3.1 of the Directive 98/44/EC of the European Parliament and of the Council of 6 July, 1998 on the legal protection of biotechnological inventions.
7514:
7485:
4213:
1911:
1252:
When creating a new article some terms may be used by other articles, adding the topic in brackets e.g (genetic resources) might help you define the topic.
8297:
5464:
Report on the Toolkit for Managing Intellectual Property when Documenting Traditional Knowledge and Genetic Resources (WIPO/GRTKF/IC/5/5), p. 4 of Annex.
4798:
1. Preventive measures: inventories, export certificates, monitoring trade, imposition of penal or administrative sanctions, educational campaigns, etc.
8132:
7416:
2968:
Other legal instruments use different terms: “Local or traditional community” is used in the African Regional Intellectual Property Organization (ARIPO)
2786:
2353:
Disclosure is part of the core rationale of patent law. Patent law imposes a general obligation on patent applicants, as referred to in Article 5 of the
2268:
2083:
2012:
5635:
UNEP Glossary of Terms for Negotiators of Multilateral Environmental Agreements, page 49, available at http://wedocs.unep.org/handle/20.500.11822/7569
3644:
may refer to wrongful borrowing or to the fraudulent appropriation of funds or property entrusted to someone’s care but actually owned by someone else.
3079:
The World Bank uses the term “indigenous peoples” in a generic sense to refer to distinct groups with the following characteristics in varying degrees:
1697:
They cover procedural and regulatory aspects, in particular, of prior informed consent, and identify monetary and non-monetary forms of benefit-sharing.
8623:
8551:
7796:
7740:
7571:
7445:
6910:
6676:
6535:
5593:
List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found (WIPO/GRTKF/IC/17/INF/9), paras. 43 and 44 of Annex.
5511:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, Section 2.
2870:
Sub-Commission on the Promotion and Protection of Human Rights, Mrs. Erica-Irene Daes. Paragraphs 12, 13 and 14 of the Guidelines provide definitions.
2760:
2371:
specific location (for instance, to ensure that genetic resources can be accessed, so as to ensure the invention can be duplicated or reproduced); and
54:
5317:
Protection Rights over Traditional Knowledge: Implications of Customary Laws and Practices, Research Planning Workshop, Cusco, Peru, 20-25 May, 2005.
5278:
Draft Glossary proposed by a group of Dutch experts convened by the bureau of the Netherlands National Commission for UNESCO, TER/CH/2002/WD/4, 2002.
5205:
See definition and full list-based definition, available at: http://www.oecd.org/sti/biotechnologypolicies/statisticaldefinitionofbiotechnology.htm.
5095:
WIPO-UNESCO Model Provisions for National Laws on the Protection of Expressions of Folklore Against Illicit Exploitation and other Prejudicial Actions
7964:
7908:
7191:
6607:
5332:
p. 6, quoting, in part, Paris, 15 June 1982, Gazette du Palais, 1982.2, Summary, p. 378, or Paris, 25 April 1978, Gazette du Palais, 1978.2, p. 448.
2695:
mentions creation by “communities” rather than authors, which delimitates creations of folklore from works protected by conventional copyright. The
2215:
Sometimes, the term is used with a broader meaning, extending to the compilations/collections of works protected under Article 2(5) of the Convention
8239:
Publications and other text available under an open license can be copied into Knowledge and other Wikimedia projects using the instructions below.
8104:
7992:
7936:
7852:
7824:
7628:
7543:
7247:
7219:
6389:
5870:, adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966, entered into force
3733:
68:
5962:
Stephen Allen and Alexandra Xanthaki, “Reflections on the UN Declaration on the Rights of Indigenous Peoples”, Oxford and Portland, Oregon, p.49.
4184:
intellectual property they had protected becomes part of the public domain and can be appropriated by anyone without liability for infringement.”
2810:(1996) defines “genetic resources” broadly as “all biological material that contains genetic information of value or of real or potential value.”
2334:(1971) refers to the use of publicly disclosed works in the context of exceptions, and the author has the right to disclose his work to the world.
8076:
7880:
7768:
7360:
7163:
7051:
6938:
6574:
BaGLAMa shows you page view numbers for pages on Knowledge (and other Wikimedia sites) containing Wikimedia Commons files in a specific category.
6251:
The Role of Registers & Databases in the Protection of Traditional Knowledge: A Comparative Analysis. UNU-IAS Report, January 2004, p. 18.
6065:
The Role of Registers & Databases in the Protection of Traditional Knowledge: A Comparative Analysis. UNU-IAS Report, January 2004, p. 32.
2894:
Black’s Law Dictionary defines “holder” as “a person who has legal possession of a negotiable instrument and is entitled to receive payment on it
2588:
8353:
5547:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, 1982
3030:
The term “indigenous peoples” has been the subject of considerable discussion and study and there is no universal, standard definition thereof.
8445:: Add the original source of the text as a reference at the end of every paragraph or more if required. If the text has references add them as
8160:
7712:
7600:
7276:
7135:
7079:
5623:
List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found (WIPO/GRTKF/IC/17/INF/9), para. 41 of Annex.
5230:
List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found (WIPO/GRTKF/IC/17/INF/9), para. 16 of Annex.
3849:
Novelty is one of the criteria of patentability in any examination as to substance. An invention is new if it is not anticipated by prior art.
2252:
Some jurisdictions have adapted the definition of derivative works in the field of traditional cultural expressions. According to the Pacific
8357:
7705:
5563:
Art. 5(2) Berne Convention, Art. 9(1) TRIPS Agreement, Art. 25(10) WIPO Copyright Treaty and Art. 20 WIPO Performances and Phonograms Treaty.
5400:
List and Brief Technical Explanation of Various Forms in which Traditional Knowledge may be Found (WIPO/GRTKF/IC/17/INF/9), para. 4 of Annex.
5156:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, WIPO, p. 264.
4256:
Peruvian Law N° 27811 Law Introducing a Protection Regime for the Collective Knowledge of Indigenous Peoples Derived from Biological Resources
2256:(2002), the term refers to any intellectual creation or innovation based upon or derived from traditional knowledge or expressions of culture.
7409:
7304:
7023:
6104:
Sam Ricketson and Jane C. Ginsburg, International Copyright and Neighboring Rights—The Berne Convention and Beyond, Oxford, Vol. I., p. 606.
5644:
Operational Policy 4.10 on Indigenous Peoples, World Bank 2005; John Henriksen: Key Principles in Implementing ILO Convention No. 169, 2008.
5420:
Sam Ricketson and Jane C. Ginsburg, International Copyright and Neighboring Rights—The Berne Convention and Beyond, Oxford, Vol. I., p. 614.
5394:
Sam Ricketson and Jane C. Ginsburg, International Copyright and Neighboring Rights—The Berne Convention and Beyond, Oxford, Vol. I., p. 603.
5382:
Sam Ricketson and Jane C. Ginsburg, International Copyright and Neighboring Rights—The Berne Convention and Beyond, Oxford, Vol. I., p. 485.
2550:
In the context of the IGC, the terms “traditional cultural expressions” and “expressions of folklore” are synonyms and used alternatively.
1561:(1998) defines it as “material containing genetic information and capable of reproducing itself or being reproduced in a biological system.”
61:
8446:
8041:
6903:
6875:
4334:
a delegation has enquired whether sacred traditional knowledge would be taken into account when discussing intellectual property protection.
926:
The review also contains a special theme which provides a short descriptive analysis on a topical issue related to the PCT System. See also
8069:
7656:
7332:
6793:
3827:
The term “nation” carries connotations of a community shaped by common descent, culture and history and often by a common language as well.
7507:
7128:
6666:
5501:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions
5491:
Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions
5253:, the first monumental classic establishing TCM. The Canon was compiled over several hundred years and appeared between 300 and 100 B.C.
5150:
Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their utilization, para. 23.
3059:
Article 1 of the ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries states that the Convention applies to:
1301:
Glossary of key terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions.
8153:
6735:
4454:
system is a system specifically designed to address the needs and concerns of a particular issue. There are already several examples of
7817:
7536:
7016:
6931:
6595:
GLAMorgan is an alternative to BaGLAMa and shows the view number of pages that include files from a specific Wikimedia Commons category.
5800:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p. 313.
5676:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p. 293.
5567:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p. 291.
5557:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p. 290.
5523:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p. 290.
5517:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p. 289.
3427:
and Section 35 U.S.C. 103 provide for similar definitions. Section 35 U.S.C. 103 uses the equivalent term “non-obvious subject matter.”
1243:
Add the Source section below to credit the orginal author of the open license text any time you add text (otherwise it will be deleted).
1227:
Glossary of key terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions
7929:
7593:
5406:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, p.282.
1268:
When adding Wikidata items or creating new ones use the statement 'defined at URL' = https://www.wipo.int/tk/en/resources/glossary.html
8125:
7873:
7845:
7761:
7478:
6988:
6557:
5702:
See document WIPO/GRTKF/IC/7/9 (Genetic Resources: Draft Intellectual Property Guidelines for Access and Equitable Benefit-sharing).
5367:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms, WIPO.
4783:
UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
8097:
7985:
7901:
7212:
3089:
customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture; and
75:
8376:. When integrating other sources, it is very important to distinguish opinions and interpretations made by the original author from
8013:
7957:
7649:
7564:
7438:
7269:
7240:
7789:
7381:
7184:
7072:
6959:
3985:
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the
3359:
The Classification is a language independent tool indispensable for the retrieval of patent documents in the search for ‘prior art’
1420:
provides that copyright holders have the exclusive right to prepare derivative works, or adaptations, based on the protected work.
318:
117:
89:
8181:
7733:
7621:
7297:
7156:
7100:
6192:
Nino Pires de Carvalho, From the Shaman’s Hut to the Patent Office: A Road Under Construction, Biodiversity and the Law, p. 244.
4114:
includes measures to preempt or to invalidate patents that illegitimately claim pre-existing traditional knowledge as inventions.
1459:
There is no universally accepted definition of the term. It has been suggested in one context that, although Article 8(j) of the
7325:
7044:
6847:
2540:
Expressions by action, such as folk dances, plays and artistic forms or rituals; whether or not reduced to a material form; and
7677:
7353:
6815:
6316:
WIPO Documenting Traditional Knowledge – A Toolkit is available at: https://www.wipo.int/publications/en/details.jsp?id=4235.
5470:
WIPO Guide to the Copyright and Related Right Treaties Administered by WIPO and Glossary of Copyright and Related Rights Terms.
3102:
and for the purposes of this policy, IFAD will use a working definition of indigenous peoples based on the following criteria:
1246:
Blue links might be a link to a redirect or another topic with the same name so don't represent an article exists, please check.
8450:
8388:
within the work. Attributing points of view can be done b adding citations to either the source text or its references, and by
6662:
6603:
6582:
6496:
6462:
5439:
Traditional Knowledge” was released in June 2017 and is available at: http://wwws.wipo.int/publications/en/details.jsp?id=4194
2046:
Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property
533:
490:
447:
401:
358:
313:
284:
3769:
Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization
3536:
Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization
1675:
Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of the Benefits Arising out of their Utilization
7469:
4922:
4675:
8349:
7473:
5272:
Terri Janke, Pathways & Protocols – A Filmmaker’s guide to Working with Indigenous People, Culture and Concepts, p. 51.
1773:
According to Black’s Law Dictionary, consultation is the act of asking the advice or opinion of someone (such as a lawyer).
2360:
Three broad functions have been considered for disclosure methods relating to genetic resources and traditional knowledge:
1659:
the terms “genetic engineering”, “fermentation using bioreactor”, “gene therapy”, “bioinformatics” and ”nanobiotechnology”.
27:
17:
8675:| License statement URL = <!-- The URL of the license statement of the work if not included within the document --: -->
4330:
From an intellectual property perspective, and the work of the IGC in particular, the following observations may be made:
8732:
5879:“A Legal Framework for the Protection of Traditional Knowledge in Sri Lanka,” Working Document-Version 01- January 2009.
3760:
Besides recognizing the authority of national governments to determine access to genetic resources, Article 15(4) of the
3347:
3313:
was prepared taking into account the operational principles identified by the IGC for the development of such Guidelines.
8472:: Create links to the article from other Knowledge pages in both the main text and in the 'See also' sections, also add
6271:
WHO General Guidelines for Methodologies on Research and Evaluation of Traditional Medicine (WHO/EDM/TRM/2000.1), p. 1.
3137:
Law Introducing a Protection Regime for the Collective Knowledge of Indigenous Peoples Derived from Biological Resources
2972:(2010). Article 2.1 states that “‘community’, where the context so permits, includes a local or traditional community.”
2113:
and property, conduct of spiritual life, maintenance of cultural heritage and knowledge systems, and many other matters.
8389:
6645:
4178:
In general, a work is considered to be in the public domain if there is no legal restriction for its use by the public.
1797:
1391:
Benefits may include monetary and non-monetary benefits, including but not limited to those listed in the Annex to the
40:
3112:
Self-identification, as well as recognition by other groups, or by state authorities, as a distinct collectivity; and
2960:
conservation of wild crop relatives and wild plants for food production, including in protected areas, by supporting,
2712:
folklore” as a distinct category of works whose use for commercial purposes requires the approval of a competent body.
177:
8648:
8427:
6150:
Pacific Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture, 2002, Part I (4).
5860:
Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, Art.1(1).
5296:
UNESCO Thesaurus, available at http://www.vocabularyserver.com/unesco/en/index.php?tema=2526&/cultural-identity.
3244:“Intangible cultural heritage” is defined in the United Nations Education, Science And Culture Organization (UNESCO)
3131:
sometimes in combination with other variables such as “language spoken,” and “geographic location or concentration.”
2044:
Cultural property is defined in Article 1 of the United Nations Education, Science and Culture Organization (UNESCO)
1234:
6046:
WIPO Guide to the Copyright and Related Rights Treaties by WIPO and Glossary of Copyright and Related Rights Terms.
5388:
Pacific Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture, 2002, Part I. 4.
5946:
The Protection of Traditional Knowledge: Updated Draft Gap Analysis: Revision, WIPO/GRTKF/IC/38/6, Annex I, p. 6.
4576:
4462:, 1991 (“the UPOV Convention”)—and the intellectual property protection of integrated circuits—as reflected in the
3485:
A three-step-test has been devised to determine the conditions under which an act of limitation may be carried out.
1029:
WIPO's comprehensive facts and figures on, and analysis of, the use of the Hague System, published every year. See
3557:
list published by the International Bureau. The Minimum Documentation is set out by the PCT Regulations Rule 34.”
3083:
self-identification as members of a distinct indigenous cultural group and recognition of this identity by others;
2708:
provide that folklore comprises scientific works too. Most of the statutes in question recognize “works inspired
1569:, biological material shall include “material that is capable of self-replication either directly or indirectly.”
8381:
8365:
8361:
3606:(1992), minorities have the right to enjoy their own culture, without interference or any form of discrimination.
3564:
patent documents supplemented by a number of articles from periodicals and other items of non-patent literature.”
809:
766:
82:
6468:
6198:
Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions, WIPO/GRTKF/IC/5/3, para. 53.
524:
481:
8373:
6556:
Template for attribution in-source : {{Creative Commons text attribution notice|cc=by4|from this source=yes}}
6225:
Also see Marc G. Stevenson. “Indigenous Knowledge in Environmental Assessments”, 49 ARCTIC 278 (1996), p. 281.
5199:
FAO Statement on Biotechnology, available at: http://www.fao.org/biotech/fao-statement-on-biotechnology/en/.
1839:(1992), “country of origin of genetic resources” means “the country which possesses those genetic resources in
1429:
976:
The Madrid Yearly Review provides an overview of the numbers of applications for international registration of
142:
5613:
Systems for the Protection of Traditional Knowledge, Innovations and Practices, UNEP/CBD/WG8J/4/INF/18, p.5.
2505:
They can include folk dances, plays and artistic forms of rituals, and need not be reduced to material form,
1555:
Other legal instruments on intellectual property do not use the term and refer to “biological material.” The
1259:
6210:
Elements of a Sui Generis System for the Protection of Traditional Knowledge (WIPO/GRTKF/IC/4/8), para. 27.
5329:
Paul Kuruk, “African Customary Law and the Protection of Folklore”, Copyright Bulletin, XXXVI, No.2, 2002,
5290:
Art.4(3), UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005.
5284:
Art.4(1), UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 2005.
3688:
A modification is a change to something (Black’s Law Dictionary). It is a synonym of alteration. Article 6
7706:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22STERNBERKOWITZ%20JANET%20A%22)
5348:
4 para. 2; the online database is available at: https://www.wipo.int/tk/en/databases/contracts/index.html
3233:
3170:… organic political and cultural entities that stem historically from the original peoples of North America
221:
These profiles provide quick access to the information for each country in multiple WIPO databases such as
7410:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22MORGAN%20SUSAN%20ADRIENNE%22)
3496:(WCT), as a test for exceptions and limitations on all economic rights under copyright. Article 16 of the
8042:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22CULBERTSON%20DEBORAH%20L%22)
6904:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22ANDERSEN%20LENE%20NONBOE%22)
6876:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22AASLYNG%20DORRIT%20ANITA%22)
3604:
Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities
3150:
inhabiting or occupying a country before the arrival of European colonists and those whom they introduced
8070:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22DOBRUSIN%20ELLEN%20MYRA%22)
6529:
5845:
The Protection of Minorities and Indigenous Peoples Respective Cultural Diversity, A. Von Bogdandy and
5842:
Francesco Capotorti, Former Special Rapporteur of the United Nations, 1979, cited by Dieter Kugelmann,
5266:
Intervention of the Delegation of Canada, Report of the Second Session (WIPO/GRTKF/IC/2/16), para. 131.
3144:“Aboriginal people” is a related term. The Oxford Dictionary defines “aboriginal” as (1) “ of peoples,
1199:
1143:
1098:
1053:
1005:
952:
899:
846:
561:
269:
197:
150:
7508:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22HILLMAN%20JENNIFER%20L%22)
7129:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22MAULERMACHNIK%20ASTRID%22)
6295:
Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions, WIPO/GRTKF/IC/5/3,
6245:
More information is available at http://www.tkdl.res.in/tkdl/langdefault/common/Abouttkdl.asp?GL=Eng
6216:
Consolidated Analysis of the Legal Protection of Traditional Cultural Expressions, WIPO/GRTKF/IC/5/3,
2956:. Article 5.1 states that “ach Contracting Party … shall in particular, as appropriate: … (d) Promote
2599:(1971) uses the expression “fair practice” in certain provisions on exceptions to copyright protection
162:. When we started working with WIPO, the website had some restrictions. But thanks to our cooperation,
8436:
8154:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22MONTGOMERY%20MARY%20K%22)
6304:
Daniel Gervais, The TRIPS Agreement. Drafting and Analysis, 3rd Edition, Sweet & Maxwell, p. 132.
6141:
The Protection of Traditional Knowledge: Draft Gap Analysis: Revision (WIPO/GRTKF/IC/13/5(b) Rev.),
5898:
Daniel Gervais, The TRIPS Agreement. Drafting and Analysis, 3rd Edition, Sweet & Maxwell, p. 161.
5782:
WIPO Copyright and Related Rights website, https://www.wipo.int/copyright/en/limitations/index.html.
4323:
In Peru, some “knowledge was transmitted from generation to generation in a sacred, unwritten ‘book’.”
3146:
plants, and animals: inhabiting or existing in a land from earliest times; strictly native, indigenous
2647:
basis the work or object of related rights may be perceived, reproduced or communicated to the public.
7818:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22ADAMS%20CAMELLIA%20W%22)
7537:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22LEFTHERIS%20KATERINA%22)
7017:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22WACHENDORFF%20ULRIKE%22)
6932:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22KOFOD%20LENE%20VENKE%22)
5629:
Article 1, ILO Convention No. 169 concerning Indigenous and Tribal Peoples in Independent Countries.
7930:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22WRIGHT%20MARTHA%20S%22)
7594:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22BAUGHN%20MARIAH%20R%22)
4829:
is an international convention adopted by UNESCO in 2005. It entered into force on March 18, 2007.
1890:(1992), “country providing genetic resources“ means “the country supplying resources collected from
717:
160:
8590:
8302:
The process for adding open license text to Knowledge can be broken down into the following steps:
8126:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22FREIER%20SUSAN%20M%22)
7874:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22LAUNIS%20KAREN%20L%22)
7846:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22DESAI%20NALINI%20M%22)
7762:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22ROLLENCE%20MICHELE%22)
7479:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22KARCZEWICZ%20MARTA%22)
6989:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22RASMUSSEN%20GRETHE%22)
5773:“Exceptions and Limits to Copyright and Neighboring Rights,” study prepared by Pierre Sirinelli,
1281:
Please use this statement in a Sources section when copying to an article to avoid copyright issues
438:
392:
349:
8384:. To do this, you may have to refocus the text on surveying the topic, remove interpretations and
8098:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22YAO%20MONIQUE%20G%22)
7986:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22DOMINGUEZ%20CELIA%22)
7902:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22LEWIS%20KELLY%20S%22)
7213:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22BREUNING%20ESTHER%22)
6265:
More information is available at http://www.tkdl.res.in/tkdl/langdefault/common/TKRC.asp?GL=Eng
2773:
any material of plant, animal, microbial or other origin containing functional units of heredity.”
1514:(1992) defines the term “biological diversity,” often shortened to “biodiversity,” as meaning the
8369:
8014:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22LOTSCHER%20ERIKA%22)
7958:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22AUYOUNG%20JANICE%22)
7650:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22GODDARD%20AUDREY%22)
7565:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22JAKOBOVITS%20AYA%22)
7439:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22SMITH%20VICTORIA%22)
7270:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22TAKAGI%20SHINOBU%22)
7241:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22SCHWOGLER%20ANJA%22)
6479:
4653:
There is as yet no accepted definition of traditional knowledge (TK) at the international level.
2481:
provides for the application of a three-step test to determine the permissibility of exceptions:
1299:
818:
775:
735:
726:
683:
640:
576:
7790:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22AZIMZAI%20YALDA%22)
7382:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22CORSI%20CAMILLA%22)
7185:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22SCHERER%20MARIA%22)
7073:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22LORENZ%20GISELA%22)
6960:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22OUTTRUP%20HELLE%22)
5476:
Exceptions and Limits to Copyright and Neighboring Rights, study prepared by Pierre Sirinelli,
5068:
WIPO Traditional Knowledge Documentation Toolkit (Documenting Traditional Knowledge – A Toolkit)
4416:; and secondary sources, including in particular ex situ collections and scientific literature.”
3168:” The 1996 Canadian Royal Commission on Aboriginal People self-defined their focus group as: “
1286:
1204:
Glossary on IP and genetic resources, traditional knowledge and traditional cultural expressions
980:
and the resulting international registrations recorded via the WIPO-administered Madrid System.
674:
631:
253:
8385:
8182:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22TIMMONS%20LISA%22)
7734:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22BANDMAN%20OLGA%22)
7622:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22KLAPHOLZ%20SUE%22)
7298:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22YAMANE%20NAOKO%22)
7157:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22HEUN%20SUSANNE%22)
7101:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22GERHARD%20ANJA%22)
5084:
implement intellectual property choices and strategies when documenting traditional knowledge.
3956:
1077:
7326:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22GAO%20CHUNYAN%22)
7045:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22MALSAM%20OLGA%22)
6848:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22ZHU%20PEIYING%22)
6474:
5985:
See Japanese Patent Law available at: https://www.wipo.int/wipolex/en/details.jsp?id=16061.
5761:
See Section 35 U.S.C. 103 available at: https://www.uspto.gov/web/offices/pac/mpep/s2158.html
3260:
d) knowledge and practices concerning nature and the universe; e) traditional craftsmanship.
987:
934:
8481:
8309:
7678:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22LAL%20PREETI%22)
7354:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22YI%20YUNJUNG%22)
6816:
https://patentscope.wipo.int/search/en/advancedSearch.jsf?query=ALLNAMES:(%22PANI%20DIANA%22)
6675:
Massview provides pages view for a collection of pages. It is possible to run the tool using
5991:
Overview of Activities and Outcomes of the Intergovernmental Committee (WIPO/GRTKF/IC/5/12),
5937:
Overview of Activities and Outcomes of the Intergovernmental Committee (WIPO/GRTKF/IC/5/12),
5302:
ILO Convention 169 Concerning Indigenous and Tribal Peoples in Independent Countries, 1989,
4646:
3500:(WPPT) extends it to rights of performers and producers of phonograms covered by that treaty.
3277:
The right of integrity is the right to prevent unauthorized alterations and changes to works.
2650:
Fixation in material form is not always a necessary pre-requisite of protectability, but the
1168:
1122:
3092:
an indigenous language, often different from the official language of the country or region.
2579:” may be understood as “components of biological diversity outside their natural habitats.”
8463:
8454:
4722:
3480:
conditions under which authors’ rights could be limited, and free uses therefore permitted.
3354:
The International Patent Classification (IPC) is “a hierarchical system in which the whole
3115:
An experience of subjugation, marginalization, dispossession, exclusion or discrimination.”
3006:
2861:
The “heritage of indigenous peoples” (and other peoples) or “indigenous cultural heritage”
2330:
Recognition of such a right is not an obligation under international copyright norms. The
1217:
1161:
1116:
1071:
1023:
970:
917:
864:
802:
759:
710:
667:
624:
586:
517:
474:
431:
385:
342:
297:
288:
215:
4819:
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions
4489:
Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore
4410:
the Multilateral System of Food and Agriculture Organization (FAO)’s International Treaty,
3356:
area of technology is divided into a range of sections, classes, subclasses and groups.
2970:
Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore
8:
8667:| source= <!-- The source of the work if not from the publisher or the author --: -->
6394:
4999:
Black’s Law Dictionary defines “household” as “elong to the house or family; domestic.”
4971:
Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture
2276:
The adjective “derogatory” refers to a prejudice to the honor or reputation in line with
2254:
Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture
1035:
1983:
For purposes of the United Nations Education, Science and Culture Organization (UNESCO)
8449:
in the article. If you are creating a new article add additional references from other
6654:
Glamorous provides information about Wikimedia Commons image usage on Wikimedia Project
5848:
R. Wolffrum, (eds), Max Planck Year Book of United Nations Law, Vol. 11, 2007, p. 237.
5830:
Para IX-2.1, PCT International Search Guidelines (as in force from 18 September 1998).
5373:
Art. 2(5) Berne Convention, Art. 10(2) TRIPS Agreement, Art. 6 World Copyright Treaty.
4863:
4317:
WIPO Report on Fact-Finding Missions on Intellectual Property and Traditional Knowledge
3596:
solidarity directed towards preserving their culture, traditions, religion or language.
3023:
2865:
Draft Principles and Guidelines for the Protection of the Heritage of Indigenous People
1945:
1929:
1810:
June 1992 during the United Nations Conference on Environment and Development held in
8246:
Wikimedia project page view statistics are available for open license text from WIPO:
6586:
2679:
As defined in the United Nations Education, Science And Culture Organization (UNESCO)
8616:
8473:
5137:
Footnotes (to be converted into references (please dont remove or change the numbers)
3335:
The Guidelines also apply to traditional knowledge associated with genetic resources.
3158:
of, relating to, or characteristic of the Aborigines of Australia or their languages.
2037:
1976:
1936:
According to the United Nations Education, Science and Culture Organization (UNESCO)
1030:
8417:
6485:
5541:
Report of the Seventeenth Session of the Committee (WIPO/GRTKF/IC/17/12), para. 50.
5249:
Traditional Chinese Medicine was initially codified and disclosed in writing in the
3166:
Aboriginal Peoples of Canada includes the Indian, Inuit and Métis peoples of Canada.
1987:(1972), the following is considered as cultural heritage, as outlined in Article 1:
1894:
sources, including populations of both wild and domesticated species, or taken from
1626:
Convention on Biological Diversity (2010) uses the same definition in its Article 2.
8525:
There are two ways to attribute open license text in Knowledge, either through the
8339:
6333:
3632:
2819:
Other legal instruments make reference to genetic resources using different terms:
2160:
The WIPO Database of Biodiversity-related Access and Benefit-sharing Agreements is
1963:
Convention on the Protection and Promotion of the Diversity of Cultural Expressions
1938:
Convention on the Protection and Promotion of the Diversity of Cultural Expressions
593:
8520:
1083:
8211:
6379:
3771:
indicate some basic requirements for mutually agreed terms in Articles 41 to 44.
3554:
According to the WIPO PCT Glossary, the Minimum Documentation could be described
2199:
1255:
References are currently listed as footnotes, please convert to proper citations.
8398:
8242:
6450:
5972:
WIPO Intellectual Property Handbook, WIPO Publication No. 489 (E), 2008, p. 19.
5918:
WIPO Intellectual Property Handbook, WIPO Publication No. 489 (E), 2008, p. 19.
5755:
WIPO Intellectual Property Handbook, WIPO Publication No. 489 (E), 2008, p. 20.
5657:
Available at http://www.ifad.org/english/indigenous/documents/ip_policy_e.pdf.
5432:
For further information see document WIPO/GRTKF/IC/16/6, Annex I, pages 7 to 11
4794:
The Convention requires its States Parties to take action in three main fields:
4458:
intellectual property rights such as plant breeders’ rights—as reflected in the
4153:
Providers and recipients of genetic resources may include the government sector
3488:
This test has been extended to Article 13 of the World Trade Organization (WTO)
3316:
This draft was later updated for purposes of the seventeenth session of the IGC.
2751:, the enjoyment and exercise of the rights may not be subject to any formality.
2024:
Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries
1785:
Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries
1683:
Bonn Guidelines on Access to Genetic Resources and Fair and Equitable Sharing of
1182:
882:
829:
786:
743:
694:
651:
608:
544:
501:
458:
412:
369:
326:
8490:
7400:
6414:
6384:
3402:
1985:
Convention concerning the Protection of the World Cultural and Natural Heritage
1596:
European Union Directive on the Legal Protection of Biotechnological Inventions
1413:
elements—added as a result of the alteration—merge together. Article 12 of the
156:
5708:
See operational principles in document WIPO/GRTKF/IC/2/3, Section V.B, p. 50.
4753:, developed and innovated beyond a traditional context. Traditional knowledge
3044:
Sub-Commission on Prevention of Discrimination and Protection of Minorities,
1295:
163:
8726:
8172:
8144:
8116:
8088:
8060:
8032:
8004:
7976:
7948:
7920:
7892:
7864:
7836:
7808:
7780:
7752:
7724:
7696:
7668:
7640:
7612:
7584:
7555:
7527:
7498:
7458:
7429:
6716:
6698:
Results for focus article of phase III from July 1st 2021 till Feb 28 2022 :
6369:
6359:
6354:
5956:
United Nations Development Group, Guidelines Related to Indigenous Peoples.
4171:
3252:
The Convention also states that “intangible cultural heritage” is manifested
3106:
Priority in time, with respect to occupation and use of a specific territory;
2422:
2400:
2163:
and different transfers within different sectors of genetic resource policy.”
1612:
1474:
8290:
8165:
8137:
8109:
8081:
8053:
8025:
7997:
7969:
7941:
7913:
7885:
7857:
7829:
7801:
7773:
7745:
7717:
7689:
7661:
7633:
7605:
7576:
7548:
7393:
7365:
7337:
7309:
7281:
7224:
7196:
7168:
7140:
7112:
7084:
7056:
7028:
7000:
6971:
6943:
6915:
6887:
6859:
6827:
6798:
6692:
Results for focus article of phase II from July 1st 2021 till Feb 28 2022 :
5812:
Available at: https://www.wipo.int/tk/en/databases/contracts/index.html
5162:
The edition used for this document is the 10th edition, by Bryan A. Garner.
1851:
conditions. For instance, country of origin is defined by Article 1 of the
1249:
Some of the terminology and phrasing may need some adjustment for Knowledge.
6686:
Results for focus article of phase I from July 1st 2021 till Feb 28 2022 :
6364:
6344:
5952:
Art.32(2), United Nations Declaration on the Rights of Indigenous Peoples;
4360:
3932:
3681:
3189:
2212:(1971) as such without prejudice to the copyright in the preexisting works.
1766:
1307:
1291:
146:
7519:
7490:
7450:
7421:
7252:
6616:
Pageview shows you a comparison of pages views for several Knowledge page.
5181:
Report of the Seventeenth Session of the Committee (WIPO/GRTKF/IC/17/12).
4844:
UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage
3154:
of or belonging to the aboriginals or earliest known inhabitants of a land
8377:
8265:
7372:
7344:
6822:
6452:
6399:
6349:
5045:
3458:
2627:
International Code of Conduct for Plant Germplasm Collecting and Transfer
2337:
Under certain national laws, the “right of disclosure” is a moral right.
1639:
Cartagena Protocol on Biosafety to the Convention on Biological Diversity
1174:
8324:
6335:
4825:
The United Nations Education, Science and Culture Organization (UNESCO)
4367:
The United Nations Education, Science And Culture Organization (UNESCO)
3650:
Legal Framework for the Protection of Traditional Knowledge in Sri Lanka
3384:
International Treaty on Plant Genetic Resources for Food and Agriculture
2954:
International Treaty on Plant Genetic Resources for Food and Agriculture
2654:(1971) allows national copyright laws to make fixation such a condition.
2622:
International Treaty on Plant Genetic Resources for Food and Agriculture
1961:
The United Nations Education, Science and Culture Organization (UNESCO)
153:
at WIPO to help WIPO share its knowledge and content through Knowledge.
4515:
Tangible expressions are expressions incorporated in a material object.
4273:
4084:
3709:
3371:
Strasbourg Agreement Concerning the International Patent Classification
3305:
Database of Biodiversity-related Access and Benefit-sharing Agreements.
2462:
2319:
2179:
2167:
property guidelines on access to genetic resources and benefit-sharing.
1405:
977:
2952:
This term is also used in the Food and Agriculture Organization (FAO)
2799:
genetic resources” as “genetic material of actual or potential value.”
2681:
Recommendation on the Safeguarding of Traditional Culture and Folklore
2154:
Database of Biodiversity-related Access and Benefit-sharing Agreements
1239:
Please add text to Knowledge articles or create new ones, some tips:
8696:
added open license text, see the Sources section for more information
8602:
added open license text, see the Sources section for more information
8270:
4460:
International Convention on the Protection of New Varieties of Plants
4032:
3883:
3270:
2724:
2219:(as well as under Article 10.2 of the World Trade Organization (WTO)
2066:
247:
8544:
8477:
6551:
5824:
Available at: https://www.wipo.int/pct/en/texts/glossary.html#M
4621:
Traditional Ecological Knowledge/Traditional Environmental Knowledge
1637:
The term “modern biotechnology” is also defined in Article 3 of the
1264:
Please create or match Wikidata items for each term in the glossary
8690:
Fill in the relevant fields, the text between the <!-- --: -->
6761:
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6750:
4369:
Convention for the Safeguarding of the Intangible Cultural Heritage
4127:
3585:
3246:
Convention for the Safeguarding of the Intangible Cultural Heritage
2672:
2639:
6326:
5035:
b) acts done only for experimental purposes or research purposes.
4285:
Berne Convention for the Protection of Literary and Artistic Works
3966:
Basel Convention on the Transboundary Movement of Hazardous Wastes
3722:
Berne Convention for the Protection of Literary and Artistic Works
3694:
Berne Convention for the Protection of Literary and Artistic Works
3475:
Berne Convention for the Protection of Literary and Artistic Works
3282:
Berne Convention for the Protection of Literary and Artistic Works
2737:
Berne Convention for the Protection of Literary and Artistic Works
2652:
Berne Convention for the Protection of Literary and Artistic Works
2597:
Berne Convention for the Protection of Literary and Artistic Works
2475:
Berne Convention for the Protection of Literary and Artistic Works
2332:
Berne Convention for the Protection of Literary and Artistic Works
2284:
Berne Convention for the Protection of Literary and Artistic Works
2237:
Works of compilation and collection have been protected under the
2221:
Agreement on Trade Related Aspects of Intellectual Property Rights
2210:
Berne Convention for the Protection of Literary and Artistic Works
1415:
Berne Convention for the Protection of Literary and Artistic Works
130:
Collaboration with World Intellectual Property Organization (WIPO)
7231:
7203:
7175:
7147:
7119:
7091:
7063:
7035:
7007:
6979:
6950:
6922:
6894:
6866:
6633:
External Link Search shows articles linked to an external website
6565:
4464:
Treaty on Intellectual Property in respect of Integrated Circuits
4338:
traditional knowledge should be restricted to technical knowledge
3842:
874:
141:
and knowledge on Wikimedia projects. A full list and history of
8358:
first sentence of an article must be a definition of the subject
6519:
6487:
6429:
2534:
Verbal expressions, such as folk tales, folk poetry and riddles;
1559:
Directive on the Legal Protection of Biotechnological Inventions
1379:(1996) as “the obtaining and use of genetic resources conserved
1271:
Add new or matched Wikidata items to the table using {{Q|Q????}}
189:
The following publications can be accessed via the links below.
6835:
6806:
4380:
4298:
3916:
Trade-Related Aspects of Intellectual Property Rights Agreement
3899:
3816:
3664:
3298:
Intellectual Property Guidelines for Access and Benefit-sharing
2946:
farmers, fisherfolk, pastoralists, forest dwellers and others.”
2887:
2537:
Musical expressions, such as folk songs and instrumental music;
2502:“Expressions by action” refer to expressions of the human body.
927:
237:
Information is provided for both WIPO members and non-members.
8629:
Copy and paste the open license text into a Knowledge article.
8557:
Copy and paste the open license text into a Knowledge article.
6563:
5117:
culture, which should not be stifled by too rigid protection.
4901:
United Nations Declaration on the Rights of Indigenous Peoples
4893:
United Nations Declaration on the Rights of Indigenous Peoples
3742:
United Nations Declaration on the Rights of Indigenous Peoples
3328:
for relevant international, regional or national legislation.
3035:
United Nations Declaration on the Rights of Indigenous Peoples
2390:(1994) (TRIPS Agreement) propounded by a number of countries.
7465:
7316:
7288:
7260:
6310:
See http://www.un.org/en/universal-declaration-human-rights/
4942:
Use of Traditional Cultural Expressions/Traditional Knowledge
4871:
distinctive characteristic of the article or its packaging.”
1898:
sources, which may or may not have originated in that country
1689:
were adopted in 2002 by the Conference of the Parties of the
8408:
8318:: Add the text from the open license source into Knowledge.
6707:
6517:
2412:
knowledge and non-documented traditional knowledge further.
304:
6510:
6438:
Knowledge:WikiProject United Nations/WIPO/IGO Workshop 2023
4564:
which the knowledge is created, preserved and disseminated.
3490:
Agreement on Trade-Related Aspects of Intellectual Property
2992:
customs, and preserves its social and economic institutions
2741:
Agreement on Trade-Related Aspects of Intellectual Property
2620:
Article 9.1 of the Food and Agriculture Organization (FAO)
2388:
Agreement on Trade-Related Aspects of Intellectual Property
8224:
6729:
4880:
Paris Convention for the Protection of Industrial Property
3997:
Universal Declaration on the Human Genome and Human Rights
1360:
For plant genetic resources for food and agriculture, the
8430:' template in the 'Sources' section, as explained below.
6461:
All WIPO produced Media available on Wikimedia Commons :
1858:(1996) as a “country that possesses genetic resources in
1747:
on in oral traditions from generation to generation. In
8513:
8202:
6641:
5217:
See Bonn Guidelines, Articles 24 to 50 and Appendix II.
4056:
Guidelines for Examination in the European Patent Office
3122:
The UNDP and Indigenous Peoples: A Policy of Engagement,
2867:, 2000, developed by the Chairperson-Rapporteur of the
1645:
techniques used in traditional breeding and selection.”
8663:| publisher = <!-- The publisher of the work --: -->
5019:
apply only to research that tests the inventor's claims
8480:
tool to identify and create links to the article. Add
6547:(English editions of WIPO publications + related data)
6544:
6421:
3164:
Section 35 of the Constitution of Canada states that “
1275:
6842:
5028:
the exclusive rights, including, but not limited to:
4466:, 1989 (“The Washington Treaty”), among others. The
8679:| license = <!-- The license of the work --: -->
8671:| documentURL = <!-- The URL of the work --: -->
8583:
into the box, click the first option and then click
8298:
Converting and adding open license text to Knowledge
6679:, which are lists of articles worked upon over time.
6443:
5868:
International Covenant on Civil and Political Rights
5445:
Document WIPO/GRTKF/IC/9/13 (Alternative Proposal).
5211:
See Bonn Guidelines, Articles 1, 7(a) and 17 to 21.
3914:
Article 27(1) of the World Trade Organization (WTO)
3618:
International Covenant on Civil and Political Rights
3538:
suggests elements for material transfer agreements.
2838:
International Undertaking on Plant Genetic Resources
6754:
6277:WHO Traditional Medicine Strategy 2002-2005, p. 7.
4254:As an example of a national law, Article 16 of the
2223:, 1994 (the TRIPS Agreement), and Article 5 of the
8659:| author = <!-- The author of the work --: -->
6749:This list is automatically generated from data in
6733:Sample of top 50 cited female inventors from WIPO
6536:Knowledge:WikiProject United Nations/WIPO tracking
5818:Available at: http://www.fao.org/3/a-be623e.pdf
4040:and where the publications or disclosure occurred.
2981:on Access to Genetic Resources of Andean Community
2808:on Access to Genetic Resources of Andean Community
1862:conditions, including those which, having been in
1856:on Access to Genetic Resources of Andean Community
1847:” Other definitions include genetic resources in
1545:on Access to Genetic Resources of Andean Community
1377:on Access to Genetic Resources of Andean Community
8611:
8539:
8508:
8285:
5836:PCT Minimum Documentation, document PCT/MIA/9/4.
5032:a) acts done for private and non-commercial use;
1212:
1187:In-source mentions and monthly readership figures
1156:
1111:
1066:
1018:
965:
912:
887:In-source mentions and monthly readership figures
859:
797:
754:
705:
662:
619:
581:
512:
469:
426:
380:
337:
292:
210:
183:
134:
103:
8724:
8655:| title = <!-- The title of the work --: -->
8304:
4899:The United Nations General Assembly adopted the
1808:(CBD) is an international convention adopted in
1231:Knowledge and indexing the terms in Wikidata.
594:https://www.wipo.int/global_innovation_index/en/
6144:p. 23 of Annex I, pages 11 and 16 of Annex II.
3975:In respect to access to genetic resources, the
1362:International Treaty on Plant Genetic Resources
8624:Attributing open license text in Source Editor
8552:Attributing open license text in Visual editor
5684:International Copyright and Neighboring Rights
4758:evolving in response to a changing environment
1818:” It entered into force on December 29, 1993.
6976:Danish businessperson, chemist, and inventor
4700:Traditional Knowledge Resource Classification
4147:Providers and Recipients of Genetic Resources
3135:The Peruvian Law No. 27811 of 24 July, 2002,
2863:refers broadly to the items described in the
1687:the Benefits Arising out of their Utilization
1440:and third-party users for resolving disputes.
8484:and Wikiproject templates to the talk page.
8390:adding in-text attribution of these opinions
8228:
4441:of its own kind or class; unique or peculiar
2509:, be written down in choreographic notation.
2022:The International Labour Organization (ILO)
1783:The International Labour Organization (ILO)
107:
5696:See document WIPO/GRTKF/IC/2/3, para. 133.
4283:At the Brussels Revision Conference of the
2739:(1971), the World Trade Organization (WTO)
1655:list of biotechnology techniques including
1641:, adopted in 2000, as “the application of:
8691:is simply for guidance, it will not appear
8210:
6803:Canadian electrical engineer and inventor
6715:
5193:See document WIPO/GRTKF/IC/1/3, para. 16.
4000:Science and Culture Organization (UNESCO)
1198:
1142:
1097:
1052:
1004:
951:
898:
845:
560:
268:
196:
8216:How to add open license text to Knowledge
6832:Chinese-Canadian communications engineer
5892:See document UNEP/CBD/COP/4/22, para. 32
4742:Tradition-Based Creations and Innovations
4002:Declaration on Bioethics and Human Rights
155:WIPO publications are licensed under the
8360:. The text must also follow Knowledge's
3498:WIPO Performances and Phonographs Treaty
3280:After the 1949 Brussels Revision of the
1372:“Access” is defined in Article 1 of the
319:World Intellectual Property Organization
118:World Intellectual Property Organization
7524:researcher (ORCID 0000-0002-6105-9263)
6721:top 50 cited female inventors from WIPO
6511:https://isa.toolforge.org/campaigns/154
6156:See Articles 15, 16 and 19 of the CBD.
5426:See document WO/GA/32/8, Annex, p. 32.
2749:WIPO Performances and Phonograms Treaty
2451:WIPO Performances and Phonograms Treaty
1294:work. Licensed under CC BY-SA 3.0 IGO (
179:Resources for editing or fact-checking
14:
8725:
8266:On the Geographical indication article
7455:Polish computer engineer and inventor
6497:World Intellectual Property Indicators
5806:See document WIPO/GRTKF/IC/17/INF/12.
5767:See document WIPO/GRTKF/IC/17/INF/12.
5737:See document WIPO/GRTKF/IC/17/INF/12.
5354:See document WIPO/GRTKF/IC/17/INF/11.
4450:statute designed for that purpose.” A
3798:2 February 2011 to 1 February 2012.
2902:and traditional cultural expressions.
2771:(1992) defines “genetic material” as “
2386:of the World Trade Organization (WTO)
1829:Country of Origin of Genetic Resources
1290:This article incorporates text from a
534:World Intellectual Property Indicators
491:World Intellectual Property Indicators
448:World Intellectual Property Indicators
402:World Intellectual Property Indicators
359:World Intellectual Property Indicators
314:World Intellectual Property Indicators
285:World Intellectual Property Indicators
274:World Intellectual Property Indicators
143:those collaborations may be found here
6289:See WIPO Document WIPO/GRTKF/IC/3/9.
4923:Universal Declaration of Human Rights
4676:Traditional Knowledge Digital Library
3520:germplasm collections, seed banks or
3492:(TRIPS Agreement), Article 10 of the
734:example of individual country page :
525:Intellectual Property Indicators 2019
482:Intellectual Property Indicators 2020
439:Intellectual Property Indicators 2021
393:Intellectual Property Indicators 2022
350:Intellectual Property Indicators 2023
8411:may be helpful for such additions).
5682:Sam Ricketson and Jane C. Ginsburg,
5609:See CBD, Development of Elements of
3648:For example, Article 3 of the draft
233:National statements at WIPO meetings
18:Knowledge:WikiProject United Nations
6663:c:Category:Content produced by WIPO
6604:c:Category:Content produced by WIPO
6583:c:Category:Content produced by WIPO
6550:Template for attribution in-text :
6463:c:Category:Content produced by WIPO
6283:See Articles 10-13 of the ITPGRFA.
6162:See Articles 10-13 of the ITPGRFA.
6034:See document WIPO/GRTKF/17/INF/12.
4994:Household Use and Public Health Use
4559:As indicated in the “Elements of a
3831:the practice in other policy areas.
3348:International Patent Classification
1880:Country providing Genetic Resources
23:
8572:on the editing toolbar and select
8271:On the Industrial property article
6174:See document WIPO/GRTKF/IC/11/10.
5251:Yellow Emperor’s Canon of Medicine
4231:Registers of Traditional Knowledge
3988:Convention on Biological Diversity
3977:Convention on Biological Diversity
3970:Convention on Biological Diversity
3762:Convention on Biological Diversity
3217:Convention on Biological Diversity
2940:Convention on Biological Diversity
2925:Convention on Biological Diversity
2795:Convention on Biological Diversity
2769:Convention on Biological Diversity
2573:Convention on Biological Diversity
2571:conservation” in Article 2 of the
2241:along with other derivative works.
1888:Convention on Biological Diversity
1837:Convention on Biological Diversity
1806:Convention on Biological Diversity
1798:Convention on Biological Diversity
1691:Convention on Biological Diversity
1621:Convention on Biological Diversity
1575:Convention on Biological Diversity
1535:Convention on Biological Diversity
1512:Convention on Biological Diversity
1461:Convention on Biological Diversity
1343:Convention on Biological Diversity
566:Global Innovation Index Indicators
24:
8744:
2931:”. The same term is used in the
8615:
8543:
8512:
8489:
8462:
8435:
8426:: Attribute the text using the '
8416:
8397:
8338:
8323:
8308:
8289:
8241:
6640:Example of articles linking to "
6564:
6518:
6500:
6486:
6469:Interesting policy links to read
6451:
6428:
6334:
5344:See document WIPO/GRTKF/IC/2/3 p
4827:Convention on Cultural Diversity
4577:Traditional Cultural Expressions
4434:Black’s Law Dictionary defines “
4413:indigenous and local communities
4050:In Europe, Article 54(2) of the
2917:Indigenous and local communities
2855:Heritage (of Indigenous Peoples)
2567:Referring to the definition of “
1285:
1216:
1181:
1160:
1115:
1070:
1022:
969:
916:
881:
863:
828:
801:
785:
758:
742:
709:
693:
666:
650:
623:
607:
585:
543:
516:
500:
473:
457:
430:
411:
384:
368:
341:
325:
296:
214:
157:Creative Commons Attribution 4.0
7581:American inventor (well cited)
6753:and is periodically updated by
6513:- Add structured data to images
5688:The Berne Convention and Beyond
3854:According to Article 33 of the
3369:The IPC was established by the
2299:Disclosed Traditional Knowledge
1565:According to the United States
1533:As defined in Article 2 of the
1036:Hague System Yearly Review 2024
202:Quick access to country profile
8698:to the edit summary and click
3215:According to article 2 of the
1886:According to Article 2 of the
1835:According to Article 2 of the
1729:Codified Traditional Knowledge
1573:According to Article 2 of the
1430:Alternative Dispute Resolution
875:WIPO IP Statistics Data Center
851:WIPO IP Statistics Data Center
230:Number of domain name disputes
13:
1:
8354:style and tone of the writing
6623:Example of such a comparison
6552:example in Patent Application
6168:See Article 8(j) of the CBD.
3447:intellectual property rights.
575:Facts and figures related to
283:Facts and figures related to
5603:UNEP/CBD/WS-CB/LAC/1/INF/5.
5479:WCT-WPPT/IMP/1, 1999, p.2.
5013:Research and Educational Use
4808:import and export controls.
3513:Material Transfer Agreements
3234:Intangible Cultural Heritage
2529:WIPO-UNESCO Model Provisions
1623:(1992) defines the term as “
1594:This term is defined in the
1296:license statement/permission
7:
8362:three core content policies
8348::You may need to adapt the
8189:End of auto-generated list.
5931:WIPO PATENTSCOPE Glossary.
5743:WIPO PATENTSCOPE Glossary.
4400:Source of Genetic Resources
2836:Article 2.1 (a) of the FAO
2102:Customary Law and Protocols
1588:Biotechnological Inventions
1567:Code of Federal Regulations
1167:The WIPO Magazine explores
957:Madrid System Yearly Review
10:
8749:
8733:WikiProject United Nations
8386:attributing points of view
7317:People's Republic of China
5749:Article 1 of the ITPGRFA.
5690:, Oxford, Vol. I., p.602.
4052:European Patent Convention
3864:European Patent Convention
3425:European Patent Convention
1335:Access and Benefit-Sharing
1326:Added to existing article
1010:Hague System Yearly Review
834:Monthly readership figures
791:Monthly readership figures
748:Monthly readership figures
699:Monthly readership figures
656:Monthly readership figures
613:Monthly readership figures
549:Monthly readership figures
506:Monthly readership figures
463:Monthly readership figures
417:Monthly readership figures
374:Monthly readership figures
331:Monthly readership figures
32:Wikiproject United Nations
8453:sources to establish the
6996:Ulrike Wachendorffneumann
6528:Template for talk page :
6098:of the Berne Convention.
4874:Paragraph 2 of Article 10
3856:Patent Cooperation Treaty
3548:Minimum Documentation PCT
2355:Patent Cooperation Treaty
731:as well as in 26 articles
452:as well as in 20 articles
305:https://www.wipo.int/wipr
8649:Free-content attribution
8581:Free-content attribution
8560:Create a section called
8428:Free-content attribution
8392:e.g "According to , "".
8173:United States of America
8145:United States of America
8117:United States of America
8089:United States of America
8061:United States of America
8033:United States of America
8005:United States of America
7977:United States of America
7949:United States of America
7921:United States of America
7893:United States of America
7865:United States of America
7837:United States of America
7809:United States of America
7781:United States of America
7753:United States of America
7725:United States of America
7697:United States of America
7669:United States of America
7641:United States of America
7613:United States of America
7585:United States of America
7556:United States of America
7528:United States of America
7499:United States of America
7459:United States of America
7430:United States of America
6967:Grethe Nørskov Rasmussen
5079:projects, among others.
2561:''Ex-situ'' Conservation
1710:Clearing House Mechanism
1453:Approval and Involvement
1365:for Food and Agriculture
406:as well as in 3 articles
363:as well as in 3 articles
6052:See document SCP/13/5.
6040:See document SCP/13/5.
5776:WCT-WPPT/IMP/1, p. 2.
3824:in a customs territory.
2743:(TRIPS Agreement), the
2521:Expressions of Folklore
2347:Disclosure Requirements
1866:conditions, are now in
819:Global Innovation Index
776:Global Innovation Index
727:Global Innovation Index
684:Global Innovation Index
641:Global Innovation Index
598:External link used in:
577:Global Innovation Index
227:Global Innovation Index
151:Wikimedian in Residence
8476:where needed. Use the
8233:
6375:User:Innovate&Grow
3957:Prior Informed Consent
3209:''In-situ'' Conditions
2439:Equitable Remuneration
1175:Access to the magazine
1078:Global Design Database
1058:Global Design Database
248:Country Profile Portal
224:IP statistical profile
112:
8640:section and paste in:
8382:neutral point of view
8366:neutral point of view
8232:
7685:Janet Stern-Berkowitz
7389:Susan Adrienne Morgan
6642:https://www.wipo.int/
6395:w:ja:User:DaidoKasumi
4647:Traditional Knowledge
3983:Article 16(1) of the
3754:Mutually Agreed Terms
3494:WIPO Copyright Treaty
2745:WIPO Copyright Treaty
2543:Tangible expressions.
2225:WIPO Copyright Treaty
1169:intellectual property
1123:Global Brand Database
1103:Global Brand Database
810:Innovation Index 2019
767:Innovation Index 2020
718:Innovation Index 2021
675:Innovation Index 2022
632:Innovation Index 2023
111:
8604:to the edit summary.
8374:no original research
8021:Deborah L Culbertson
7108:Astrid Maulermachnik
6883:Lene Nonboe Andersen
6855:Dorrit Anita Aaslyng
6475:Due and undue weight
6003:, paras. 21 and 22.
4723:Traditional Medicine
4596:Traditional Cultures
4529:Architectural forms.
4526:Musical instruments;
4506:Tangible Expressions
4468:Panama Law No. 20 of
4108:Defensive Protection
3440:Licensing agreements
3007:Indigenous Knowledge
2496:Expression by Action
2208:Article 2(3) of the
2186:Article 2(e) of the
1955:Cultural Expressions
1527:Biological Resources
1504:Biological Diversity
1329:Created new article
988:Madrid Yearly Review
8254:: English Knowledge
8049:Ellen Myra Dobrusin
6736:Update the list now
6534:Page piles links :
5731:, page 4 of Annex.
5551:Part I, para. 5-7.
4541:Traditional Context
4388:traditional owners.
4095:Positive Protection
2248:or her reputation.
2135:Customary Practices
1313:
1298:). Text taken from
8636:section above the
8568:section and click
8378:verifiable content
8234:
7515:Katerina Leftheris
7486:Jennifer L Hillman
6491:Ways to help/Todos
4864:Unfair Competition
4214:Publicly Available
3862:Article 54 of the
3774:Article 18 of the
3534:Appendix I of the
3524:genetic resources.
3423:Article 56 of the
3024:Indigenous Peoples
1946:Cultural diversity
1930:Cultural Diversity
1912:Cultural Community
1312:
1235:Knowledge articles
645:179 other articles
164:WIPO made it clear
113:
8715:
8714:
8708:
8707:
8610:
8609:
8538:
8537:
8507:
8506:
8503:
8502:
8278:
8277:
8194:
8193:
8187:
8186:
8133:Mary K Montgomery
7417:Victoria C. Smith
6321:
6320:
5134:
5133:
3696:(1971) provides,
3616:According to the
3602:According to the
2976:Article 1 of the
2803:Article 1 of the
2793:Article 2 of the
2787:Genetic Resources
2767:Article 2 of the
2269:Derogatory Action
2084:Customary Context
2038:Cultural Property
2013:Cultural Identity
1977:Cultural Heritage
1619:Article 2 of the
1540:Article 1 of the
1510:Article 2 of the
1341:Article 1 of the
1192:
1191:
1136:
1135:
1091:
1090:
1046:
1045:
1031:industrial design
998:
997:
945:
944:
935:PCT Yearly Review
904:PCT Yearly Review
892:
891:
839:
838:
823:61 other articles
796:
795:
780:18 other articles
753:
752:
704:
703:
688:23 other articles
661:
660:
618:
617:
554:
553:
511:
510:
495:21 other articles
468:
467:
422:
421:
379:
378:
336:
335:
262:
261:
193:
192:
175:
174:
147:Florence Devouard
126:
125:
49:Open license text
8740:
8619:
8612:
8547:
8540:
8521:Attributing text
8516:
8509:
8493:
8466:
8457:of the subject.
8439:
8420:
8401:
8342:
8327:
8312:
8305:
8293:
8286:
8280:
8279:
8245:
8231:
8225:
8214:
8205:
7797:Camellia W Adams
7741:Michele Rollence
7572:Mariah R. Baughn
7446:Marta Karczewicz
6911:Lene Venke Kofod
6767:
6766:
6763:
6730:
6719:
6710:
6606:for June 2023 :
6568:
6522:
6507:
6504:
6503:
6490:
6480:See also section
6456:Produced content
6455:
6446:
6432:
6424:
6338:
6329:
5873:23 March 1976.
5123:Model Provisions
5114:Model Provisions
5103:Model Provisions
3968:, 1989, and the
3633:Misappropriation
3469:of compensation.
2797:(1992) defines “
2761:Genetic Material
2239:Berne Convention
1314:
1311:
1289:
1220:
1213:
1202:
1185:
1164:
1157:
1146:
1119:
1112:
1101:
1074:
1067:
1056:
1026:
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1008:
973:
966:
955:
920:
913:
902:
885:
867:
860:
849:
832:
805:
798:
789:
762:
755:
746:
713:
706:
697:
670:
663:
654:
627:
620:
611:
589:
582:
564:
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513:
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477:
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388:
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345:
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184:
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135:
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110:
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92:
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78:
71:
64:
57:
50:
43:
36:
35:
31:
8748:
8747:
8743:
8742:
8741:
8739:
8738:
8737:
8723:
8722:
8718:
8717:
8716:
8700:Publish changes
8626:
8598:Publish changes
8554:
8523:
8424:Add attribution
8346:Adapt the style
8300:
8229:
8221:
8220:
8207:
8203:
8200:
8199:
8198:
8190:
7965:Celia Dominguez
7909:Martha S Wright
7192:Esther Breuning
6785:other articles
6765:
6759:
6746:
6726:
6725:
6712:
6708:
6571:
6525:
6505:
6501:
6493:
6471:
6458:
6448:
6444:
6426:
6422:
6380:User:Louloudi92
6341:
6331:
6327:
6324:
6323:
6322:
5139:
4446:protected by a
4428:''Sui Generis''
2706:Tunis Model Law
2702:OAPI Convention
2697:Tunis Model Law
2693:OAPI Convention
2689:Tunis Model Law
2614:Farmers’ Rights
2365:the invention);
2200:Derivative Work
1557:European Union
1393:Nagoya Protocol
1310:
1278:
1262:
1237:
1209:
1208:
1195:
1194:
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842:
841:
840:
571:
570:
557:
556:
555:
538:2 other article
279:
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8276:
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8157:
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8151:
8149:
8147:
8142:
8140:
8135:
8129:
8128:
8123:
8121:
8119:
8114:
8112:
8107:
8105:Susan M Freier
8101:
8100:
8095:
8093:
8091:
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8079:
8073:
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8067:
8065:
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8035:
8030:
8028:
8023:
8017:
8016:
8011:
8009:
8007:
8002:
8000:
7995:
7993:Erika Lotscher
7989:
7988:
7983:
7981:
7979:
7974:
7972:
7967:
7961:
7960:
7955:
7953:
7951:
7946:
7944:
7939:
7937:Janice Auyoung
7933:
7932:
7927:
7925:
7923:
7918:
7916:
7911:
7905:
7904:
7899:
7897:
7895:
7890:
7888:
7883:
7877:
7876:
7871:
7869:
7867:
7862:
7860:
7855:
7853:Karen L Launis
7849:
7848:
7843:
7841:
7839:
7834:
7832:
7827:
7825:Nalini M Desai
7821:
7820:
7815:
7813:
7811:
7806:
7804:
7799:
7793:
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7681:
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7673:
7671:
7666:
7664:
7659:
7653:
7652:
7647:
7645:
7643:
7638:
7636:
7631:
7629:Audrey Goddard
7625:
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7619:
7617:
7615:
7610:
7608:
7603:
7597:
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7589:
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7568:
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7562:
7560:
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7553:
7551:
7546:
7544:Aya Jakobovits
7540:
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7401:United Kingdom
7398:
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7307:
7301:
7300:
7295:
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7291:
7286:
7284:
7279:
7273:
7272:
7267:
7265:
7263:
7258:
7255:
7250:
7248:Shinobu Takagi
7244:
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7238:
7236:
7234:
7229:
7227:
7222:
7220:Anja Schwogler
7216:
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6524:
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6508:
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6470:
6467:
6466:
6465:
6457:
6449:
6447:
6442:
6441:
6440:
6425:
6420:
6419:
6418:
6415:User:Noura2021
6411:
6410:
6406:
6405:
6402:
6397:
6392:
6390:User:Opiwotwnu
6387:
6385:User:MoscaFede
6382:
6377:
6372:
6367:
6362:
6357:
6352:
6347:
6340:
6332:
6330:
6325:
6319:
6318:
5305:Art. 2(2)(b).
5138:
5135:
5132:
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5129:
5127:
5120:
5111:
5099:
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5026:
5017:
5011:
5002:
4998:
4992:
4987:
4981:
4976:
4968:
4962:
4957:
4953:Commercial Use
4951:
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4944:
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4935:
4933:
4927:
4925:
4919:
4918:
4916:
4914:
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4019:
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4007:
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3982:
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3813:
3812:
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3808:
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3784:
3782:
3780:
3773:
3758:
3756:
3750:
3749:
3747:
3745:
3738:
3736:
3734:Mutual Respect
3730:
3729:
3727:
3725:
3714:
3712:
3706:
3705:
3703:
3701:
3686:
3684:
3678:
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3656:
3647:
3642:
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3629:
3628:
3626:
3624:
3615:
3601:
3594:
3590:
3588:
3582:
3581:
3579:
3577:
3571:Documentation.
3569:
3562:
3552:
3550:
3544:
3543:
3541:
3539:
3517:
3515:
3509:
3508:
3506:
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3463:
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3454:
3452:
3450:
3444:
3442:
3436:
3435:
3433:
3431:
3422:
3413:
3407:
3405:
3403:Inventive step
3399:
3398:
3396:
3394:
3388:
3386:
3380:
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3377:
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3368:
3352:
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3143:
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3119:
3118:
3113:
3110:
3107:
3098:
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3071:
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3019:
3017:
3015:
3011:
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3003:
3002:
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2851:
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2835:
2829:
2822:
2818:
2813:
2802:
2791:
2789:
2783:
2782:
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2765:
2763:
2757:
2756:
2754:
2752:
2729:
2727:
2721:
2720:
2718:
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149:is working as
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8375:
8371:
8370:verifiability
8367:
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8077:Monique G Yao
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7881:Kelly S Lewis
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7769:Yalda Azimzai
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7164:Maria Scherer
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7052:Gisela Lorenz
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6939:Helle Outtrup
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6433:Edit-a-thons
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6408:
6407:
6404:Other experts
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6370:User:Mattdpat
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6360:User:Kyle2650
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5634:
5630:
5628:
5624:
5622:
5618:
5614:
5612:
5608:
5604:
5602:
5598:
5594:
5592:
5588:
5586:
5582:
5579:
5575:
5572:
5568:
5566:
5562:
5558:
5556:
5552:
5550:
5546:
5542:
5540:
5536:
5534:
5530:
5528:
5524:
5522:
5518:
5516:
5512:
5510:
5506:
5504:
5500:
5496:
5494:
5490:
5486:
5484:
5480:
5477:
5475:
5471:
5469:
5465:
5463:
5459:
5458:
5454:
5450:
5446:
5444:
5440:
5437:
5433:
5431:
5427:
5425:
5421:
5419:
5415:
5411:
5407:
5405:
5401:
5399:
5395:
5393:
5389:
5387:
5383:
5381:
5378:
5374:
5372:
5368:
5366:
5362:
5359:
5355:
5353:
5349:
5347:
5343:
5339:
5337:
5333:
5330:
5328:
5324:
5322:
5318:
5316:
5312:
5310:
5306:
5303:
5301:
5297:
5295:
5291:
5289:
5285:
5283:
5279:
5277:
5273:
5271:
5267:
5265:
5261:
5258:
5254:
5252:
5248:
5244:
5243:
5239:
5235:
5231:
5229:
5225:
5222:
5218:
5216:
5212:
5210:
5206:
5204:
5200:
5198:
5194:
5192:
5188:
5186:
5182:
5180:
5176:
5174:
5170:
5167:
5163:
5161:
5157:
5155:
5151:
5149:
5145:
5143:
5130:
5128:
5126:
5124:
5118:
5115:
5108:
5104:
5100:
5098:
5096:
5093:
5092:
5089:
5087:
5085:
5080:
5073:
5071:
5069:
5066:
5065:
5062:
5060:
5058:
5056:
5051:
5049:
5047:
5044:
5043:
5040:
5038:
5036:
5033:
5029:
5024:
5022:
5015:
5014:
5009:
5007:
5000:
4996:
4995:
4990:
4985:
4984:
4979:
4974:
4972:
4966:
4965:
4964:Customary Use
4960:
4955:
4954:
4947:
4945:
4943:
4940:
4939:
4936:
4934:
4932:
4928:
4926:
4924:
4921:
4920:
4917:
4915:
4913:
4911:
4902:
4898:
4896:
4894:
4891:
4890:
4887:
4885:
4883:
4881:
4877:
4869:
4867:
4865:
4862:
4861:
4858:
4856:
4854:
4849:
4847:
4845:
4842:
4841:
4838:
4836:
4834:
4828:
4824:
4822:
4820:
4817:
4816:
4813:
4811:
4809:
4804:
4799:
4795:
4789:
4787:
4785:
4784:
4780:
4779:
4776:
4774:
4772:
4768:
4764:
4761:
4756:
4752:
4747:
4745:
4743:
4740:
4739:
4736:
4734:
4732:
4728:
4726:
4724:
4721:
4720:
4717:
4715:
4713:
4710:
4705:
4703:
4701:
4698:
4697:
4694:
4692:
4690:
4689:
4681:
4679:
4677:
4674:
4673:
4670:
4668:
4666:
4661:
4659:
4652:
4650:
4648:
4645:
4644:
4641:
4639:
4637:
4635:
4626:
4624:
4622:
4619:
4618:
4615:
4613:
4611:
4610:
4607:
4606:stricto sensu
4601:
4599:
4597:
4594:
4593:
4590:
4588:
4586:
4582:
4580:
4578:
4575:
4574:
4571:
4569:
4567:
4566:
4562:
4556:
4553:
4549:
4546:
4544:
4542:
4539:
4538:
4535:
4533:
4528:
4525:
4522:
4521:
4520:
4517:
4511:
4509:
4507:
4504:
4503:
4500:
4498:
4494:
4492:
4490:
4487:
4486:
4483:
4481:
4479:
4477:
4473:
4469:
4465:
4461:
4457:
4453:
4449:
4444:
4440:
4437:
4433:
4431:
4429:
4426:
4425:
4422:
4420:
4418:
4415:
4412:
4409:
4405:
4403:
4401:
4398:
4397:
4394:
4392:
4390:
4386:
4384:
4382:
4379:
4378:
4375:
4373:
4370:
4366:
4364:
4362:
4359:
4358:
4355:
4353:
4349:
4345:
4344:
4340:
4336:
4333:
4332:
4331:
4327:
4325:
4322:
4318:
4312:
4307:
4304:
4302:
4300:
4297:
4296:
4293:
4291:
4289:
4286:
4282:
4279:
4277:
4275:
4272:
4271:
4268:
4266:
4264:
4262:
4257:
4251:
4246:
4245:
4239:
4236:
4234:
4232:
4229:
4228:
4225:
4223:
4219:
4217:
4215:
4212:
4211:
4208:
4206:
4204:
4199:
4198:
4192:
4191:
4185:
4180:
4177:
4175:
4173:
4172:Public Domain
4170:
4169:
4166:
4164:
4162:
4161:
4158:
4152:
4150:
4148:
4145:
4144:
4141:
4139:
4137:
4133:
4131:
4129:
4126:
4125:
4122:
4120:
4118:
4115:
4110:
4109:
4104:
4103:
4097:
4096:
4090:
4088:
4086:
4083:
4082:
4079:
4077:
4075:
4074:
4070:
4066:
4065:
4059:
4057:
4053:
4047:
4042:
4038:
4036:
4034:
4031:
4030:
4027:
4025:
4023:
4022:
4017:
4012:
4011:
4005:
4003:
3998:
3991:
3989:
3986:
3980:
3978:
3971:
3967:
3962:
3960:
3958:
3955:
3954:
3951:
3949:
3947:
3946:
3938:
3936:
3934:
3931:
3930:
3927:
3925:
3923:
3921:
3917:
3910:
3905:
3903:
3901:
3898:
3897:
3894:
3892:
3889:
3887:
3885:
3882:
3881:
3878:
3876:
3874:
3873:
3867:
3865:
3859:
3857:
3851:
3848:
3846:
3844:
3841:
3840:
3837:
3835:
3833:
3829:
3826:
3822:
3820:
3818:
3815:
3814:
3811:
3809:
3807:
3804:
3799:
3794:
3792:
3790:
3787:
3786:
3783:
3781:
3779:
3777:
3770:
3766:
3763:
3759:
3757:
3755:
3752:
3751:
3748:
3746:
3743:
3739:
3737:
3735:
3732:
3731:
3728:
3726:
3723:
3719:
3715:
3713:
3711:
3708:
3707:
3704:
3702:
3699:
3695:
3691:
3687:
3685:
3683:
3680:
3679:
3676:
3674:
3670:
3668:
3666:
3663:
3662:
3659:
3657:
3655:
3654:
3651:
3645:
3638:
3636:
3634:
3631:
3630:
3627:
3625:
3623:
3622:
3619:
3613:
3612:
3608:
3605:
3599:
3598:
3591:
3589:
3587:
3584:
3583:
3580:
3578:
3576:
3573:
3567:
3566:
3560:
3559:
3553:
3551:
3549:
3546:
3545:
3542:
3540:
3537:
3533:
3529:
3526:
3523:
3518:
3516:
3514:
3511:
3510:
3507:
3505:
3503:
3502:
3499:
3495:
3491:
3487:
3483:
3482:
3478:
3477:(1971) sets
3476:
3471:
3467:
3464:
3462:
3460:
3457:
3456:
3453:
3451:
3449:
3445:
3443:
3441:
3438:
3437:
3434:
3432:
3430:
3429:
3426:
3420:
3418:
3411:
3408:
3406:
3404:
3401:
3400:
3397:
3395:
3393:
3389:
3387:
3385:
3382:
3381:
3378:
3376:
3374:
3372:
3366:
3365:
3362:
3357:
3353:
3351:
3349:
3346:
3345:
3342:
3340:
3338:
3337:
3334:
3329:
3324:
3319:
3318:
3315:
3312:
3310:A first draft
3307:
3303:
3301:
3299:
3296:
3295:
3292:
3290:
3287:
3283:
3279:
3276:
3274:
3272:
3269:
3268:
3265:
3263:
3261:
3258:
3255:
3249:
3247:
3239:
3237:
3235:
3232:
3231:
3228:
3226:
3222:
3218:
3214:
3212:
3210:
3207:
3206:
3203:
3201:
3199:
3195:
3193:
3191:
3188:
3187:
3184:
3182:
3180:
3179:
3173:
3171:
3167:
3161:
3159:
3155:
3151:
3147:
3141:
3138:
3132:
3127:
3124:
3117:
3114:
3111:
3108:
3105:
3104:
3103:
3101:
3094:
3091:
3088:
3085:
3082:
3081:
3080:
3076:
3075:
3069:
3068:
3064:
3060:
3056:
3054:
3049:
3045:
3042:
3038:
3036:
3029:
3027:
3025:
3022:
3021:
3018:
3016:
3012:
3010:
3008:
3005:
3004:
3001:
2999:
2997:
2995:
2988:
2986:
2982:
2979:
2973:
2971:
2965:
2963:
2959:
2955:
2949:
2948:
2944:
2941:
2934:
2930:
2926:
2922:
2920:
2918:
2915:
2914:
2911:
2909:
2907:
2901:
2900:stricto sensu
2897:
2893:
2891:
2889:
2886:
2885:
2882:
2880:
2878:
2877:
2871:
2868:
2866:
2860:
2858:
2856:
2853:
2852:
2849:
2847:
2845:
2841:
2839:
2833:
2832:
2827:
2826:
2820:
2816:
2811:
2809:
2806:
2800:
2796:
2792:
2790:
2788:
2785:
2784:
2781:
2779:
2777:
2774:
2770:
2766:
2764:
2762:
2759:
2758:
2755:
2753:
2750:
2746:
2742:
2738:
2734:
2730:
2728:
2726:
2723:
2722:
2719:
2717:
2715:
2714:
2711:
2707:
2703:
2698:
2694:
2690:
2682:
2678:
2676:
2674:
2671:
2670:
2667:
2665:
2663:
2660:
2656:
2653:
2649:
2645:
2643:
2641:
2638:
2637:
2634:
2632:
2628:
2623:
2619:
2617:
2615:
2612:
2611:
2608:
2606:
2604:
2603:
2598:
2594:
2592:
2590:
2589:Fair Practice
2587:
2586:
2583:
2581:
2578:
2574:
2570:
2566:
2564:
2562:
2559:
2558:
2555:
2553:
2551:
2545:
2542:
2539:
2536:
2533:
2532:
2530:
2526:
2524:
2522:
2519:
2518:
2515:
2513:
2511:
2508:
2504:
2501:
2499:
2497:
2494:
2493:
2490:
2488:
2486:
2485:
2480:
2476:
2472:
2468:
2466:
2464:
2461:
2460:
2457:
2455:
2452:
2448:
2444:
2442:
2440:
2437:
2436:
2433:
2431:
2428:
2426:
2424:
2423:Due Diligence
2421:
2420:
2417:
2415:
2413:
2406:
2404:
2402:
2401:Documentation
2399:
2398:
2395:
2393:
2391:
2389:
2385:
2375:
2374:
2369:
2368:
2363:
2362:
2361:
2356:
2352:
2350:
2348:
2345:
2344:
2341:
2339:
2336:
2333:
2329:
2325:
2323:
2321:
2318:
2317:
2314:
2312:
2310:
2304:
2302:
2300:
2297:
2296:
2293:
2291:
2289:
2288:
2285:
2281:
2275:
2273:
2270:
2267:
2266:
2263:
2261:
2259:
2258:
2255:
2249:
2244:
2243:
2240:
2236:
2230:
2229:
2226:
2222:
2218:
2214:
2211:
2205:
2203:
2201:
2198:
2197:
2194:
2192:
2189:
2185:
2183:
2181:
2178:
2177:
2174:
2172:
2170:
2169:
2165:
2159:
2157:
2155:
2152:
2151:
2148:
2146:
2144:
2140:
2138:
2136:
2133:
2132:
2129:
2127:
2125:
2120:
2119:
2115:
2107:
2105:
2103:
2100:
2099:
2096:
2094:
2092:
2089:
2087:
2085:
2082:
2081:
2078:
2076:
2072:
2070:
2068:
2065:
2064:
2061:
2059:
2057:
2054:
2051:
2047:
2043:
2041:
2039:
2036:
2035:
2032:
2030:
2028:
2025:
2021:
2018:
2016:
2014:
2011:
2010:
2007:
2005:
2003:
2002:
1998:
1997:
1993:
1992:
1986:
1982:
1980:
1978:
1975:
1974:
1971:
1969:
1967:
1964:
1960:
1958:
1956:
1953:
1952:
1949:
1947:
1944:
1942:
1939:
1935:
1933:
1931:
1928:
1927:
1924:
1922:
1920:
1917:
1915:
1913:
1910:
1909:
1906:
1904:
1901:
1897:
1893:
1889:
1885:
1883:
1881:
1878:
1877:
1874:
1872:
1870:conditions.”
1869:
1865:
1861:
1857:
1854:
1850:
1846:
1842:
1838:
1834:
1832:
1830:
1827:
1826:
1823:
1821:
1819:
1817:
1811:
1807:
1803:
1801:
1799:
1796:
1795:
1792:
1790:
1788:
1786:
1780:
1779:
1772:
1770:
1768:
1765:
1764:
1761:
1759:
1757:
1752:
1748:
1744:
1738:
1734:
1732:
1730:
1727:
1726:
1723:
1721:
1719:
1715:
1713:
1711:
1708:
1707:
1704:
1702:
1700:
1699:
1696:
1694:stakeholders.
1692:
1688:
1684:
1680:
1678:
1676:
1673:
1672:
1669:
1667:
1665:
1662:
1661:
1658:
1654:
1646:
1642:
1640:
1634:
1633:
1627:
1622:
1618:
1616:
1614:
1613:Biotechnology
1611:
1610:
1607:
1605:
1603:
1600:
1597:
1593:
1591:
1589:
1586:
1585:
1582:
1580:
1578:
1576:
1570:
1568:
1562:
1560:
1556:
1551:
1548:
1546:
1543:
1536:
1532:
1530:
1528:
1525:
1524:
1521:
1519:
1517:
1513:
1509:
1507:
1505:
1502:
1501:
1498:
1496:
1494:
1489:
1484:
1480:
1478:
1476:
1475:Beneficiaries
1473:
1472:
1469:
1467:
1465:
1462:
1458:
1456:
1454:
1451:
1450:
1447:
1445:
1443:
1442:
1435:
1433:
1431:
1428:
1427:
1424:
1422:
1419:
1416:
1411:
1409:
1407:
1404:
1403:
1400:
1398:
1396:
1394:
1388:
1386:
1382:
1378:
1375:
1369:
1366:
1363:
1357:
1355:
1351:
1344:
1340:
1338:
1336:
1333:
1332:
1328:
1325:
1322:
1319:
1316:
1315:
1308:Glossary text
1305:
1303:
1302:
1297:
1293:
1288:
1283:
1282:
1270:
1267:
1266:
1265:
1254:
1251:
1248:
1245:
1242:
1241:
1240:
1232:
1229:
1228:
1222:
1219:
1215:
1214:
1205:
1201:
1188:
1184:
1180:
1178:
1177:
1176:
1170:
1166:
1163:
1159:
1158:
1149:
1148:WIPO Magazine
1145:
1132:
1131:
1130:
1124:
1121:
1118:
1114:
1113:
1104:
1100:
1087:
1086:
1085:
1079:
1076:
1073:
1069:
1068:
1059:
1055:
1042:
1039:
1038:
1037:
1032:
1028:
1025:
1021:
1020:
1011:
1007:
994:
991:
990:
989:
984:
979:
975:
972:
968:
967:
958:
954:
941:
938:
937:
936:
931:
929:
922:
919:
915:
914:
905:
901:
888:
884:
880:
878:
877:
876:
869:
866:
862:
861:
852:
848:
835:
831:
827:
822:
820:
817:
816:
815:
812:
811:
807:
804:
800:
799:
792:
788:
784:
779:
777:
774:
773:
772:
769:
768:
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749:
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629:
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584:
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119:
106:
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100:
93:
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84:Collaboration
79:
72:
65:
58:
51:
44:
37:
19:
8719:
8709:
8699:
8695:
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8633:
8601:
8597:
8585:add template
8584:
8580:
8573:
8569:
8565:
8561:
8530:
8526:
8524:
8496:
8469:
8442:
8423:
8404:
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8330:
8315:
8301:
8251:
8240:
8215:
8195:
8161:Lisa Timmons
7713:Olga Bandman
7601:Sue Klapholz
7277:Naoko Yamane
7136:Susanne Heun
7080:Anja Gerhard
6776:description
6760:
6748:
6720:
6661:Stats about
6602:Stats about
6581:Stats about
6427:
6365:user:BrunoLF
6345:User:Anthere
6339:Participants
6328:Participants
6312:
6306:
6300:
6297:
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6023:
6021:, para. 28.
6018:
6014:
6012:, para. 21.
6009:
6005:
6000:
5996:
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5968:
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5788:Art. 10(1).
5784:
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5775:
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5502:
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5495:, para. 37.
5492:
5487:
5481:
5478:
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5466:
5460:
5456:
5452:
5447:
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5434:
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5242:Atharvaveda.
5241:
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4970:
4969:The Pacific
4967:
4963:
4961:
4956:
4952:
4950:
4909:
4905:
4900:
4879:
4875:
4872:
4851:
4830:
4826:
4805:
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4792:
4781:
4759:
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4557:
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4470:
4467:
4463:
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4316:
4313:
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4260:
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4247:
4240:
4200:
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4186:
4181:
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4116:
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4105:
4098:
4094:
4092:
4071:
4067:
4060:
4055:
4051:
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3992:
3987:
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3981:
3976:
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3941:
3933:Preservation
3919:
3915:
3912:
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3800:
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3775:
3772:
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3761:
3741:
3721:
3717:
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3689:
3682:Modification
3649:
3646:
3641:
3617:
3614:
3603:
3600:
3593:
3568:
3561:
3555:
3535:
3521:
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3479:
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3472:
3424:
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3367:
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3325:
3320:
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3285:
3281:
3259:
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3242:
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3190:Infringement
3174:
3169:
3165:
3162:
3157:
3153:
3149:
3145:
3142:
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3052:
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2993:
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2984:
2980:
2978:Decision 391
2977:
2974:
2969:
2966:
2961:
2957:
2953:
2950:
2939:
2936:
2932:
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2823:
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2817:
2815:evolution.”
2812:
2807:
2805:Decision 391
2804:
2801:
2798:
2794:
2772:
2768:
2748:
2744:
2740:
2736:
2709:
2705:
2701:
2696:
2692:
2688:
2684:
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2279:
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2253:
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2231:
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2207:
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2161:
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2110:
2055:
2052:
2049:
2045:
2023:
2000:
1999:
1995:
1994:
1990:
1988:
1984:
1962:
1937:
1899:
1895:
1891:
1887:
1867:
1863:
1859:
1855:
1853:Decision 391
1852:
1848:
1844:
1840:
1836:
1815:
1812:
1809:
1805:
1784:
1781:
1774:
1767:Consultation
1753:
1749:
1745:
1740:
1736:
1690:
1686:
1685:
1682:
1663:
1656:
1651:
1647:
1643:
1638:
1635:
1628:
1624:
1620:
1595:
1574:
1571:
1566:
1563:
1558:
1554:
1552:
1549:
1544:
1542:Decision 391
1541:
1538:
1534:
1515:
1511:
1490:
1485:
1460:
1438:
1414:
1392:
1389:
1384:
1380:
1376:
1374:Decision 391
1373:
1370:
1364:
1361:
1358:
1353:
1349:
1346:
1342:
1300:
1292:free content
1284:
1280:
1279:
1263:
1238:
1226:
1225:
1223:
1203:
1173:
1172:
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1126:
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903:
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872:
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635:
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602:262 articles
597:
592:
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565:
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289:WIPI on WIPO
282:
273:
236:
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167:
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96:
8380:that has a
7495:researcher
7373:Switzerland
7345:South Korea
7305:Chunyan Gao
7257:researcher
7024:Olga Malsam
6823:Peiying Zhu
6755:Listeriabot
6744:Find images
6400:User:12rns2
6350:User:Yhajar
5794:Art. 9(2).
5611:Sui Generis
5485:Art. 9(2).
5107:sui generis
5046:Utilization
4561:Sui Generis
4476:sui generis
4456:sui generis
4452:sui generis
4448:sui generis
4436:sui generis
3459:Limitations
3156:; and (4) “
159:since 2017
70:Translation
8638:References
8566:References
8564:above the
8482:categories
8455:notability
8166:Q108492180
8138:Q108492179
8110:Q108492176
8082:Q108492175
8054:Q108492174
8026:Q108492173
7998:Q108492172
7970:Q108492163
7942:Q108492161
7914:Q108492153
7886:Q108492151
7858:Q108492150
7830:Q108492149
7802:Q108492144
7774:Q108492143
7746:Q108492142
7718:Q108492141
7690:Q108492135
7662:Q108492133
7657:Preeti Lal
7634:Q108492130
7606:Q108492127
7577:Q108492125
7549:Q108492123
7426:geologist
7394:Q108492178
7366:Q108492167
7338:Q108492131
7333:Yunjung Yi
7310:Q108492136
7282:Q108492182
7225:Q108492181
7197:Q108492171
7169:Q108492169
7141:Q108492165
7113:Q108492155
7085:Q108492147
7057:Q108492139
7029:Q108492134
7001:Q108492121
6972:Q108492159
6944:Q108492157
6916:Q108492146
6888:Q108492140
6860:Q108492137
6828:Q108492138
6799:Q108492128
6794:Diana Pani
6779:residence
6298:para. 57.
6219:para. 54.
5994:para. 20.
5940:para. 37.
5529:Art.2(2).
5505:para. 37.
5121:Under the
4658:lato sensu
4274:Reputation
4085:Protection
3710:Mutilation
3698:inter alia
3254:inter alia
3219:(1992): “
2962:inter alia
2825:heredity.”
2735:Under the
2463:Exceptions
2320:Disclosure
2234:creations.
2180:Derivative
1843:conditions
1657:inter alia
1406:Adaptation
978:trademarks
252:Example :
56:References
8632:Create a
8478:find link
8447:citations
8405:Add media
7520:Q93062924
7491:Q88474518
7451:Q63616632
7422:Q57413496
7253:Q77454913
6788:WIPO URL
6709:Red lists
6677:pagepiles
6530:example 1
5451:Document
4766:analysis.
4033:Prior Art
3884:Offensive
3610:identity.
3271:Integrity
3148:”; (2) “
2725:Formality
2575:(1992), “
2278:Article 6
2067:Custodian
1304:, WIPO.
814:Used in:
771:Used in:
722:Used in:
679:Used in:
636:Used in:
529:Used in:
486:Used in:
443:Used in:
397:Used in:
354:Used in:
309:Used in:
8727:Category
8600:and add
8591:CC-BY-SA
8574:Template
8474:hatnotes
8451:reliable
8352:and the
8260:Examples
6770:article
6751:Wikidata
6700:check it
6694:check it
6688:check it
6667:Check it
6646:Check it
6625:Check it
6608:Check it
6587:Check it
6543:and its
6540:Query :
5964:See also
5954:See also
5866:Art. 27
5621:See also
5601:See also
5418:See also
5416:and 11.
5240:and the
4983:Fair Use
4770:further.
4478:regime.
4128:Protocol
3972:(1992).
3724:(1971).
3586:Minority
2935:(2010).
2840:(1983)
2747:and the
2704:and the
2673:Folklore
2640:Fixation
736:Cameroun
63:Articles
8634:Sources
8562:Sources
8529:or the
8497:Publish
8204:How-tos
7232:Germany
7204:Germany
7176:Germany
7148:Germany
7120:Germany
7092:Germany
7064:Germany
7036:Germany
7008:Germany
6980:Denmark
6951:Denmark
6923:Denmark
6895:Denmark
6867:Denmark
6558:example
6409:Related
5503:, 1982,
5412:Art. 10
5238:Rigveda
4878:of the
4755:as such
4751:as such
3843:Novelty
3720:of the
3692:of the
3531:(2001).
3522:in situ
3221:In-situ
3152:”; (3)
2958:in situ
2577:ex situ
2569:ex situ
2527:In the
2282:of the
1896:ex-situ
1892:in-situ
1868:ex-situ
1864:in-situ
1860:in-situ
1849:ex-situ
1841:in-situ
1385:ex situ
1381:in situ
254:Ukraine
246:to the
8596:Click
8579:Paste
8570:Insert
8409:Tabula
8356:. The
8350:layout
6836:Canada
6807:Canada
6782:image
6740:SPARQL
6545:result
6523:Useful
6423:Events
6094:Art. 6
5493:, 1982
4708:(IPC).
4438:” as “
4381:Secret
4299:Sacred
3900:Patent
3817:Nation
3665:Misuse
2888:Holder
2477:(1971)
1276:Source
1129:Access
1084:Access
928:Patent
7289:Japan
7261:Japan
6773:item
6644:" :
6569:Tools
6445:Tools
6417:(EIB)
4551:ways.
4474:is a
4009:them.
2142:such.
1323:Text
241:Links
166:that
42:Media
16:<
8694:Add
8470:Link
8443:Cite
8372:and
8331:Edit
8316:Copy
8252:WIPO
5455:C/W/
5112:The
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5053:The
4315:The
3767:The
3740:The
3473:The
3033:The
2938:The
2658:art.
2595:The
2507:e.g.
2473:The
2449:The
1804:The
1681:The
1383:and
1348:The
1224:The
256:(UA)
116:The
98:WIPO
77:Data
8364:of
6314:169
6308:168
6302:167
6293:166
6287:165
6281:164
6275:163
6269:162
6263:161
6258:Id.
6255:160
6249:159
6243:158
6236:157
6229:156
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6184:149
6178:148
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6127:140
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6096:bis
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6063:131
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5877:105
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5642:See
5565:See
5457:52.
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2384:bis
2280:bis
170:.
91:FAO
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8683:}}
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8368:,
7474:uk
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7470:ru
7468:,
7466:pl
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5288:23
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