Can Traditional Knowledge Be Patented?

Can service innovations be patented?

Inventions are the bedrock of innovation.

An invention is a new solution to a technical problem and can be protected through patents.

But generally, to obtain a patent an inventor needs to demonstrate that their technology is new (novel), useful and not obvious to someone working in the related field..

What is the importance of traditional knowledge?

The transmission of traditional knowledge across generations is fundamental to protecting and promoting indigenous peoples’ cultures and identities and as well as the sustainability of livelihoods, resilience to human-made and natural disasters, and sustaining culturally appropriate economic development.

What is the difference between indigenous knowledge and traditional knowledge?

The distinction between traditional knowledge and indigenous knowledge relates to the holders rather than the knowledge per se. Traditional knowledge is a broader category that includes indigenous knowledge as a type of traditional knowledge held by indigenous communities.

The patent system attempts to compensate inefficiencies associated with market exclusivity. By making public new knowledge through disclosure, patents contribute to making innovation more efficient by avoiding needless duplication of R&D efforts.

Why should traditional knowledge be considered for protection under the IP regime?

On this basis there are five reasons why TK should be protected; these are: Equity, Conservation of biodiversity, preservation of traditional practices, prevention of biopiracy, and importance of TK in development. Equity TK generates value that is currently inadequately recognized and compensated.

How many types of traditional knowledge are there?

Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge.

What are the types of traditional knowledge?

Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others.

What are the abuses of traditional knowledge?

Abuses of traditional knowledge include: • unlicensed and unauthorized commercialization of traditional knowledge; • taking images, such as photographs, film and video of Indigenous peoples, their way of life, et cetera; • using, reproducing or copying indigenous names, images and arts without permission; • use and …

What was the role of WIPO Convention on protecting traditional knowledge?

WIPO’s work includes assistance to develop and strengthen national and regional systems for the protection of traditional knowledge (policies, laws, information systems and practical tools) and the Creative Heritage Project which provides hands-on training for managing intellectual property rights and interests when …

What is meant by traditional knowledge?

Traditional knowledge refers to: knowledge or practices passed down from generation to generation that form part of the traditions or heritage of Indigenous communities. knowledge or practice for which Indigenous communities act as the guardians or custodians.

What are the characteristics of traditional knowledge?

TK refers to the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations. It is not limited to any specific technical field, and may include agricultural, environmental, and medicinal knowledge, and knowledge associated with genetic resources.

Is traditional knowledge intellectual property?

Unlike other categories of intellectual property rights, India has no substantive act or law to protect traditional knowledge but other IP acts contain provisions with respect to traditional knowledge such as the Patents Act, 1970, Section 25 and Section 64, gives one of the grounds for revocation of a patent …