LLM Perspectives Online Publications

Putting Traditional Knowledge into the Intellectual Property System

I. Introduction

The only significant question regarding traditional knowledge that needs to be urgently analyzed is whether traditional knowledge should be protected or not. To further analyze this question, it is important to firstly understand the concept of traditional knowledge itself. There are several discussions regarding traditional knowledge which describe traditional knowledge as:

  • “…knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.”01World Intellectual Property Organization, Traditional Knowledge (Jan. 23, 2016) http://www.wipo.int/tk/en/tk/ [https://perma.cc/Z2AB-8W57].
  • “…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, [traditional environmental knowledge] is an attribute of societies 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.”02National Aboriginal Forestry Association, Definitions of Traditional Knowledge (Dec. 19, 2006) http://nafaforestry.org/forest_home/documents/TKdefs-FH-19dec06.pdf [https://perma.cc/4EQQ-7VMY].
  • “…a body of knowledge built by a group of people living in close contact with nature. It includes a system of classification, a set of empirical observations about the local environment and a system of self-management that governs resource use. The characteristics of traditional knowledge include:
    • creation over a long period of time in which it has been passed down from generation to generation;
    • constant improvements as new knowledge is integrated to the existing;
    • both creation and improvement of knowledge is a group effort.”03Walter Lewis & Veena Ramani, Ethics and Practice in Ethnobiology: Analysis of the International Cooperative Biodiversity Group Project in Peru, Wash. U. (2003), https://law.wustl.edu/centeris/Papers/Biodiversity/PDFWrdDoc/lewisramani.pdf [https://perma.cc/A428-RQ22].

Although there is no codified definition of traditional knowledge, it can be extracted from the various definitions that:

  1. the particular inventor of traditional knowledge is not identified; it is usually a group of people;
  2. traditional knowledge was created a significantly long time ago while the exact time of creation is very difficult to identify;
  3. traditional knowledge is a growing knowledge, developed by group of people within times;
  4. the knowledge is passed down in various ways, including storytelling, ceremonies, dances, traditions, arts and crafts, ideologies, hunting, food gathering, food preparation, spirituality, beliefs, teachings, innovations and medicines.04Assembly of First Nations, Traditional Knowledge (Jan. 23, 2016) http://www.afn.ca/uploads/files/env/ns_-_traditional_knowledge.pdf [https://perma.cc/KT7E-JLFT].

By understanding the concept of traditional knowledge, it is obvious that traditional knowledge is fragile, its preservation depends on the awareness of its existence, usage, and development. Initiatives have been made by several organizations seeking to preserve the existence of traditional knowledge, including by the United Nations University Institute for the Advanced Study of Sustainability.05See, e.g., United Nations Traditional Knowledge Initiative, http://www.unutki.org/ [https://perma.cc/9MC6-Y7NX] (last visited Jan. 24, 2016, 12:35 PM). Other institutions have initiated the study on traditional knowledge and seek to preserve the existence of traditional knowledge is International Council for Science.06International Council for Science, Science and Traditional Knowledge (Mar. 2002), http://www.icsu.org/publications/reports-and-reviews/science-traditional-knowledge/Science-traditional-knowledge.pdf [https://perma.cc/7R4G-J6YJ]. However, is it worth protecting traditional knowledge when it has such fragility? Do we have to look for other compelling reasons to protect traditional knowledge?

To answer those questions, one should further analyze the factors that advocate for the protection of traditional knowledge and the factors that are against it.

II. The Importance of Traditional Knowledge to Indigenous Community

As the aforementioned discusses, because the inventor of traditional knowledge is usually a group of people, and because the knowledge is usually historical in nature, the majority of traditional knowledge is held by indigenous communities. traditional knowledge has an important role for indigenous people who use and develop it, as traditional knowledge ensures its continuity as a dynamic, evolving system that reflects and regulates the lives of indigenous people.07Inter-Agency Support Group on Indigenous Peoples’ Issues, The Knowledge of Indigenous Peoples and Policies for Sustainable Development: Updates and Trends in the Second Decade of the World’s Indigenous People (June 2014) http://www.un.org/en/ga/president/68/pdf/wcip/IASG%20Thematic%20Paper_%20Traditional%20Knowledge%20-%20rev1.pdf [https://perma.cc/CT5B-ZHA9].

III. The Importance of Traditional Knowledge and Modern Development

However, as a dynamic knowledge, traditional knowledge also has an interesting role for scientific discovery, which puts it in a unique position for scientific use. A notable example of the use of traditional knowledge in attributing to modern development is the use of traditional knowledge in primary sectors of the economy including agriculture, pastoralism, forestry, fisheries, water and products made from natural resources.08Ashish Kothari, Traditional Knowledge and Sustainable Development, International Institute For Sustainable Development (Sept. 2007), https://www.iisd.org/pdf/2007/igsd_traditional_knowledge.pdf [https://perma.cc/8S32-GGLT]. The role of traditional knowledge in the secondary and tertiary sectors has become increasingly important as the growing trend of people using organic products encourages big corporations to spend and direct significant portions of its budget to research and development to look for ways to produce more natural and environmentally-friendly products, hence exploiting traditional knowledge to increase their profits.

Overall, the use and exploitation of traditional knowledge can establish community enterprise, improve livelihoods and alleviate poverty with its unique characteristic that prioritizes sustainable environment.09Jamaica Intellectual Property Office, Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources https://www.jipo.gov.jm/?q=node/90 [https://perma.cc/SCP8-NSC7] (last visited Jan. 24, 2016 1:30 PM).

As a result of its wide range of commercial and scientific uses, traditional knowledge has become valuable knowledge to non-indigenous outsiders making it vulnerable to abuse by means such as unauthorized commercialization, photographing indigenous people without permission or claiming traditional knowledge as a personal invention.10Manuel Ruiz Muller, Protecting Shared and Widely Distributed Traditional Knowledge: Issues, Challenges and Options, International Centre For Trade And Sustainable Development (July 2013), http://www.ictsd.org/downloads/2013/07/maneul-ruiz-july-2013-version.pdf [https://perma.cc/T64P-YV82].

IV. The Importance of Traditional Knowledge for Environment

The wide variety of traditional knowledge uses has started to make people think that the preservation of traditional knowledge may also be useful for water preservation. Water has been a primary element that indigenous people consider essential in life. Consequently, the culture and beliefs of indigenous peoples are oriented towards the preservation of water as a sacred material. A study analyzing the importance of water for Anishinabe peoples in Ontario states:

[W]omen have a special relationship with water, since, like Mother Earth, they have life-giving powers. Women have a special place in the order of existence. They provide us, as unborn children, with our very first environment — water. When we are born, water precedes us. With this special place in the order of things come responsibilities. No one is exempt from caring for, and paying respect to, the water, but for women there is a special responsibility. In some ceremonies, women speak for the water. For example, Grandmother Josephine Mandamin, through the ‘Mother Earth Water Walk’. . . 11Deborah McGregor, Traditional Knowledge: Considerations for Protecting Water in Ontario, The International Indigenous Policy Journal (Sept. 2012), http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1080&context=iipj [https://perma.cc/FB6G-HR5W].

In Bangladesh, traditional knowledge is also essential for indigenous people as a basis of all systems of traditional remedies. Knowledge provided by traditional knowledge has also become inspiration for the use of many raw materials in many modern medicinal ingredients.12Mohammad Abdul Motaleb, Approaches to Conservation of Medicinal Plants and Traditional Knowledge, IUCN (2010), https://cmsdata.iucn.org/downloads/iucn_bangladesh_medicinal_plant_approache_book.pdf [https://perma.cc/6X92-KWH6]. However, the use of raw materials for modern medical ingredients has caused resources to rapidly deplete. This has resulted in a project of conservation of raw materials for medical ingredients promoted by the International Union for Conservation of Nature and Natural Resources (IUCN) Bangladesh, including through encouragement of the industry to use techniques offered by traditional knowledge that are more environmentally-friendly.13Id.

Although it is tempting to conclude that traditional knowledge needs to be protected based on the reasons provided above, it is also necessary to scrutinize the reasons (if any) for why traditional knowledge should not be protected, in order to weigh all existing factors. It also should be noted that the idea that some knowledge is “not protected” is not necessarily entirely negative. One should remember that the non-protection of traditional knowledge means that traditional knowledge remains in the public domain, which affords everyone the right to use it, thus making the non-protection of traditional knowledge preferable for some.

V. Intellectual Property Rights as a Modern Concept

Traditional knowledge existed long before the law of intellectual property rights was created. Traditional knowledge refers to the body of knowledge that is the result of an intellectual activity and insight from a traditional context.14International Association for Impact Assessment, Respecting Indigenous Peoples and Traditional Knowledge (Apr. 2012), http://www.iaia.org/uploads/pdf/SP9_Indigenous_Peoples_Traditional_Knowledge.pdf [https://perma.cc/W3KF-L6E3]. Intellectual property law, on the other hand, emerged in the Elizabethan era in the form of royal favors granted by the king or lord of the land to the introducers of new techniques, giving those who own such favors the right of monopoly to produce particular goods or provide particular services.15WIPO, An Explanatory Note Concerning the Origins of the United Kingdom Intellectual Property Legal Regime, http://www.wipo.int/export/sites/www/wipolex/en/notes/gb.pdf [https://perma.cc/PVH5-6KZL] (last visited Jan. 24 2:20 PM). Before the existence of intellectual property rights, traditional knowledge was free for everyone to use as it was the way of life of groups of people and therefore could not be separated from their daily life. Today, however, traditional knowledge is no longer part of everyone’s life, but is instead a nearly-obscure set of knowledge; this makes it possible for a user or inventor to create what they believe is an original invention, not knowing that the invention is already incorporated within existing traditional knowledge. Such reason makes some indigenous people feel that their traditional knowledge needs to be protected from exploitation by other people who are not even part of their community.16WIPO, Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (2015), http://www.wipo.int/edocs/pubdocs/en/tk/933/wipo_pub_933.pdf [https://perma.cc/QR2T-PVKZ].

However, laws on intellectual property are not necessarily the answer, as they are not without defects. Laws on intellectual property rely on the concept of ownership of expression that comes from one’s idea, but what if such idea is something that has already been thought of by another?17Dane Joseph Weber, A Critique of Intellectual Property Rights, Christendom Coll. (Dec. 2012), http://dane.weber.org/concept/thesis.html [https://perma.cc/LKV5-JFE5]. Considering a broad range of traditional knowledge, it is very difficult to limit traditional knowledge and decide where to draw the line as to where an original idea is not actually part of some unwritten and near-obscure piece of traditional knowledge. Does the protection of traditional knowledge give boundless right to some group of peoples to claim one’s expression of idea as part of their own?

VI. Inventories of Traditional Knowledge

Protecting traditional knowledge means giving traditional knowledge intellectual property rights which includes the necessity of registration to get the protection. Allowing traditional knowledge to be registered means that traditional knowledge’s absolute right to use will be given to a specific person or group of people, while the concept of traditional knowledge itself is that it is a knowledge made by group of people within times; hence, the registration of traditional knowledge is a gross injustice of other group of people who also consider that the registered traditional knowledge is their way of life.18R.S. Praveen Raj, Inside Views: No Need of IPRs for Protecting Traditional Knowledge, Intell. Prop. Watch (Mar. 9, 2015), http://www.ip-watch.org/2015/09/03/no-need-of-ipr-route-for-protecting-traditional-knowledge/ [https://perma.cc/AH5A-3Q4E].

VII. Different Legal Systems for Traditional Knowledge

There was a joint statement made by Indigenous Peoples Council on Biocolonialism (IPCB), Call of the Earth/Llamado de la Tierra (COE), & International Indian Treaty Council (IITC) to World Intellectual Property Organization (WIPO) claiming that putting traditional knowledge under protection of intellectual property laws is no different than taking traditional knowledge from indigenous domain that has been protecting traditional knowledge in perpetuity as the inherent and inalienable cultural property of indigenous people.19Intellectual Property Watch, Inside Views: Indigenous Groups Tell WIPO, ‘Don’t Patent Our Traditional Knowledge’ (June 12, 006), http://www.ip-watch.org/2006/12/06/inside-views-indigenous-groups-tell-wipo-dont-patent-our-traditional-knowledge/ [https://perma.cc/CQ6F-6ESM].

This concern is understandable, as the core nature of traditional knowledge is communality knowledge is shared within their community, making it subject to intellectual property rights removes this very characteristic of traditional knowledge.

Now having different factors, one could see which has more compelling reason on the main question of whether traditional knowledge should be protected. One could understand that there are two major conflicting forces here. First, the needs of recognition of traditional knowledge to ensure its existence and encouraging people to start using traditional knowledge to enhance various factors such as environmental protection. Second, the concern that protection of traditional knowledge will change its original characteristic from being communal properties into personal properties used for the benefits of some people.

One fair point that could be drawn is that protection of traditional knowledge does not have to be under laws of intellectual property. A new law could be created where:

1. The protection of traditional knowledge applies only for the purpose of the preservation of such traditional knowledge and indigenous people who develop it;

As a valuable part of society and welfare, traditional knowledge and indigenous people need to be preserved. The true intention of indigenous people in campaigning the protection of traditional knowledge is basically to preserve their existence and the knowledge that their communities have developed from time to time. However, such protection does not need to force traditional knowledge to become a part of modern intellectual property that grants exclusive use of traditional knowledge only for particular people. The protection of traditional knowledge can be done by fulfilling the true objective of preservation by keeping traditional knowledge open for everyone’s use.

2. Registration of traditional knowledge should only be done for the purpose of maintaining traditional knowledge as public domain where everyone can use it and preventing particular persons or group from claiming it as their own.

Keeping a record of traditional knowledge is very important to support its proper protection. However, instead of making its use exclusive to a particular person or group, the registration of traditional knowledge should be used to prevent other people registering the same idea or invention as their own. It becomes difficult where the registration of traditional knowledge could discriminate people from inventing something that they think is original. Therefore, a publication of traditional knowledge records along with their description could be used as reference for inventor to make a line between something that has been invented and original invention.

It is also necessary to look at how traditional knowledge is protected globally, in particular in countries where intellectual property rights are seen as a new concept.

  1. Indonesia is one of the countries that was resistant to the implementation of Trade Related Intellectual Property Rights and took longer for their implementation.20Afifah Kusumadara, Protection and Sustainability of Indonesian Traditional Knowledge and Folklore: Legal and Non-Legal Measures, David Pub. (2011), http://www.davidpublishing.com/davidpublishing/Upfile/8/26/2012/2012082665475693.pdf [https://perma.cc/N4D9-DKJ4]. However Indonesia, through its law, emphasizes traditional knowledge position as public domain that can be used by all people.21Undang-Undang Tentang Hak Cipta [UUHC] art. 10 (Indon.).
  2. Traditional knowledge in China is also protected as public domain. However this protection is not expressly stipulated in law but rather is impliedly derived from China’s patent law which stipulates that the new registration should have novelty and new element.22Yingliang Liu, IPR Protection for New Traditional Knowledge: With a Case Study of Traditional Chinese Medicine, IP Mall (2003), http://ipmall.info/hosted_resources/Hennessey_Content/IPRProtection.pdf [https://perma.cc/HB2H-S3LK]. To the extent that new registration contains similarity with any of its traditional knowledge, patent office in China will refuse the registration.23Id.
  3. The trend in Thailand is to move towards the protection of traditional knowledge through a public registry.24See, e.g., Legal Protection of Traditional Medicine and Knowledge in Thailand, WHO http://apps.who.int/medicinedocs/en/d/Jh2996e/12.2.html [https://perma.cc/YQM9-EJCH] (last visited Jan. 27, 2016 1:21 PM).

The United Nations Declaration on the Rights of Indigenous People (“DRIP”) recognizes the existence of and encourages the protection of indigenous people and their traditional knowledge:

Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the 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.25G.A. Res. 61/295, 2007 United Nations Declaration on the Rights of Indigenous People (Sept. 13, 2007).

It can be seen that the general trend for traditional knowledge protection is through putting it into the public domain. The question is now whether there is a sufficient protection of public domain. The problem with public domain is that indigenous people get no benefit at all should the traditional knowledge that they have developed for years can be use for free without their consent.26Catherine Saez, Interviews: What Protection Of Traditional Knowledge Means To Indigenous Peoples, Intellectual Property Watch (Aug. 20, 2013), http://www.ip-watch.org/2013/08/20/interviews-what-protection-of-traditional-knowledge-means-to-indigenous-peoples/ [https://perma.cc/TS48-75YD]. On the other hand, classifying traditional knowledge outside of public domain will also cause problems. Assume that because traditional knowledge is not a public domain, some groups of people in the United States want to register it as patent. Patent registration in the Unites States applies the “first to file” system which essentially affords protection to whomever first registers the patent.27Leahy-Smith America Invents Act, Pub. L. No. 112-29, § 14, 125 Stat. 284 (2011). The system will then open access for everyone who is not the real inventor of a particular traditional knowledge (but through comprehensive research, becomes aware of such traditional knowledge) to assume the patent right of such traditional knowledge; it is thus an unfair system for indigenous people as the real inventor. Even though the applicant of patent of such traditional knowledge is a group of indigenous people, it does not close the possibility that later, another group of indigenous people may try to claim the same traditional knowledge as theirs (but would be rejected such right due to the “first to file” system). This problem will later become a vicious circle, a never-ending problem.

The answer to this problem lies in each nation’s sovereignty over its people. The social contract theory sees that each individual in a nation has their own sovereignty that is partially surrendered to the nation, so that the nation has sovereignty to protect and govern them.28Celeste Friend, Social Contract, Internet Encyc. Of Philosophy, http://www.iep.utm.edu/soc-cont/ [http://www.iep.utm.edu/soc-cont/] (last visited Jan. 27 14:54). The same concept should apply to the indigenous people. Where a nation takes traditional knowledge and puts it into public domain, that nation has the responsibility to give something in return. It could be in the form of a reward system that a country can give to preserve, protect and promote the welfare of indigenous people. It is also the obligation of a government in a nation to enlist all existing traditional knowledge in their region through both active initiation of information collection and initiatives to encourage indigenous people to also register their traditional knowledge.

VIII. Conclusion

All in all, traditional knowledge is a body of culture that existed long before the concept of intellectual property rights was created. Commercialization of traditional knowledge will eradicate the whole purpose of traditional knowledge as the way of life helping indigenous peoples to support their existence.29Chelsea Crowshoe, Sacred Way of Life Traditional Knowledge, Crowshoe Consulting Inc. (2005), http://www.naho.ca/documents/fnc/english/2005_traditional_knowledge_toolkit.pdf [https://perma.cc/P6Q8-USUD]. Although through time, traditional knowledge’s role in helping human has lost significance, that does not mean traditional knowledge should not be protected. Recent development trends have advanced traditional knowledge methods as promising alternatives to many existing technologies, thus making it vulnerable to overexploitation. Furthermore, there are still people who hold dearly to this intellectual property. Those people and their traditional knowledge need protection and appreciation in order to preserve their traditional knowledge.

References   [ + ]

01. World Intellectual Property Organization, Traditional Knowledge (Jan. 23, 2016) http://www.wipo.int/tk/en/tk/ [https://perma.cc/Z2AB-8W57].
02. National Aboriginal Forestry Association, Definitions of Traditional Knowledge (Dec. 19, 2006) http://nafaforestry.org/forest_home/documents/TKdefs-FH-19dec06.pdf [https://perma.cc/4EQQ-7VMY].
03. Walter Lewis & Veena Ramani, Ethics and Practice in Ethnobiology: Analysis of the International Cooperative Biodiversity Group Project in Peru, Wash. U. (2003), https://law.wustl.edu/centeris/Papers/Biodiversity/PDFWrdDoc/lewisramani.pdf [https://perma.cc/A428-RQ22].
04. Assembly of First Nations, Traditional Knowledge (Jan. 23, 2016) http://www.afn.ca/uploads/files/env/ns_-_traditional_knowledge.pdf [https://perma.cc/KT7E-JLFT].
05. See, e.g., United Nations Traditional Knowledge Initiative, http://www.unutki.org/ [https://perma.cc/9MC6-Y7NX] (last visited Jan. 24, 2016, 12:35 PM).
06. International Council for Science, Science and Traditional Knowledge (Mar. 2002), http://www.icsu.org/publications/reports-and-reviews/science-traditional-knowledge/Science-traditional-knowledge.pdf [https://perma.cc/7R4G-J6YJ].
07. Inter-Agency Support Group on Indigenous Peoples’ Issues, The Knowledge of Indigenous Peoples and Policies for Sustainable Development: Updates and Trends in the Second Decade of the World’s Indigenous People (June 2014) http://www.un.org/en/ga/president/68/pdf/wcip/IASG%20Thematic%20Paper_%20Traditional%20Knowledge%20-%20rev1.pdf [https://perma.cc/CT5B-ZHA9].
08. Ashish Kothari, Traditional Knowledge and Sustainable Development, International Institute For Sustainable Development (Sept. 2007), https://www.iisd.org/pdf/2007/igsd_traditional_knowledge.pdf [https://perma.cc/8S32-GGLT].
09. Jamaica Intellectual Property Office, Traditional Knowledge, Traditional Cultural Expressions and Genetic Resources https://www.jipo.gov.jm/?q=node/90 [https://perma.cc/SCP8-NSC7] (last visited Jan. 24, 2016 1:30 PM).
10. Manuel Ruiz Muller, Protecting Shared and Widely Distributed Traditional Knowledge: Issues, Challenges and Options, International Centre For Trade And Sustainable Development (July 2013), http://www.ictsd.org/downloads/2013/07/maneul-ruiz-july-2013-version.pdf [https://perma.cc/T64P-YV82].
11. Deborah McGregor, Traditional Knowledge: Considerations for Protecting Water in Ontario, The International Indigenous Policy Journal (Sept. 2012), http://ir.lib.uwo.ca/cgi/viewcontent.cgi?article=1080&context=iipj [https://perma.cc/FB6G-HR5W].
12. Mohammad Abdul Motaleb, Approaches to Conservation of Medicinal Plants and Traditional Knowledge, IUCN (2010), https://cmsdata.iucn.org/downloads/iucn_bangladesh_medicinal_plant_approache_book.pdf [https://perma.cc/6X92-KWH6].
13. Id.
14. International Association for Impact Assessment, Respecting Indigenous Peoples and Traditional Knowledge (Apr. 2012), http://www.iaia.org/uploads/pdf/SP9_Indigenous_Peoples_Traditional_Knowledge.pdf [https://perma.cc/W3KF-L6E3].
15. WIPO, An Explanatory Note Concerning the Origins of the United Kingdom Intellectual Property Legal Regime, http://www.wipo.int/export/sites/www/wipolex/en/notes/gb.pdf [https://perma.cc/PVH5-6KZL] (last visited Jan. 24 2:20 PM).
16. WIPO, Intellectual Property and Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions (2015), http://www.wipo.int/edocs/pubdocs/en/tk/933/wipo_pub_933.pdf [https://perma.cc/QR2T-PVKZ].
17. Dane Joseph Weber, A Critique of Intellectual Property Rights, Christendom Coll. (Dec. 2012), http://dane.weber.org/concept/thesis.html [https://perma.cc/LKV5-JFE5].
18. R.S. Praveen Raj, Inside Views: No Need of IPRs for Protecting Traditional Knowledge, Intell. Prop. Watch (Mar. 9, 2015), http://www.ip-watch.org/2015/09/03/no-need-of-ipr-route-for-protecting-traditional-knowledge/ [https://perma.cc/AH5A-3Q4E].
19. Intellectual Property Watch, Inside Views: Indigenous Groups Tell WIPO, ‘Don’t Patent Our Traditional Knowledge’ (June 12, 006), http://www.ip-watch.org/2006/12/06/inside-views-indigenous-groups-tell-wipo-dont-patent-our-traditional-knowledge/ [https://perma.cc/CQ6F-6ESM].
20. Afifah Kusumadara, Protection and Sustainability of Indonesian Traditional Knowledge and Folklore: Legal and Non-Legal Measures, David Pub. (2011), http://www.davidpublishing.com/davidpublishing/Upfile/8/26/2012/2012082665475693.pdf [https://perma.cc/N4D9-DKJ4].
21. Undang-Undang Tentang Hak Cipta [UUHC] art. 10 (Indon.).
22. Yingliang Liu, IPR Protection for New Traditional Knowledge: With a Case Study of Traditional Chinese Medicine, IP Mall (2003), http://ipmall.info/hosted_resources/Hennessey_Content/IPRProtection.pdf [https://perma.cc/HB2H-S3LK].
23. Id.
24. See, e.g., Legal Protection of Traditional Medicine and Knowledge in Thailand, WHO http://apps.who.int/medicinedocs/en/d/Jh2996e/12.2.html [https://perma.cc/YQM9-EJCH] (last visited Jan. 27, 2016 1:21 PM).
25. G.A. Res. 61/295, 2007 United Nations Declaration on the Rights of Indigenous People (Sept. 13, 2007).
26. Catherine Saez, Interviews: What Protection Of Traditional Knowledge Means To Indigenous Peoples, Intellectual Property Watch (Aug. 20, 2013), http://www.ip-watch.org/2013/08/20/interviews-what-protection-of-traditional-knowledge-means-to-indigenous-peoples/ [https://perma.cc/TS48-75YD].
27. Leahy-Smith America Invents Act, Pub. L. No. 112-29, § 14, 125 Stat. 284 (2011).
28. Celeste Friend, Social Contract, Internet Encyc. Of Philosophy, http://www.iep.utm.edu/soc-cont/ [http://www.iep.utm.edu/soc-cont/] (last visited Jan. 27 14:54).
29. Chelsea Crowshoe, Sacred Way of Life Traditional Knowledge, Crowshoe Consulting Inc. (2005), http://www.naho.ca/documents/fnc/english/2005_traditional_knowledge_toolkit.pdf [https://perma.cc/P6Q8-USUD].

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