Legislative Texts on the Protection of Traditional Knowledge

This compilation includes some examples of (i) special laws and measures which specifically protect traditional knowledge, sometimes referred to as "sui generis" laws, (ii) patent laws which provide protection of a sui generis nature for traditional knowledge, and (iii) laws and measures which establish regulatory frameworks for traditional knowledge that have an effect on, or relate to, intellectual property-type protection.

A comparative table [PDF] provides an overview of key features of a range of sui generis laws that protect traditional knowledge.

 

 

Special/Specific Laws and Legislative Measures

Kyrgyz Republic

  • Law of the Kyrgyz Republic on the Protection of Traditional Knowledge [PDF]

Organization of African Unity:

  • African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources of 2000 [PDF]

Peru:

  • Law introducting a Protection Regime for the Collective Knowledge of Indigenous Peoples Derived from Biological Resources, N° 27811 [PDF]
    Related database/register: CTPI

Philippines:

  • Indigenous Peoples Rights Act of 1997 [PDF]

Portugal:

  • Decree Law No. 118/2002 Establishing a Legal Regime for the Registration, Conservation, Legal Safeguarding and Transfer of Autochthonous Plant Material as well as Associated Knowledge [PDF]

Thailand:

  • Act on Protection and Promotion of Traditional Thai Medicinal Intelligence, B.E 2542 [PDF]


 

Patent Laws

Andean Countries:

  • Decision 486 of 2000 on a Common Intellectual Property Regime [PDF]

China:

India:


 

Regulatory Frameworks for TK

EC:

India:

  • Drugs and Cosmetics Act, 1940 [PDF]

Italy:

  • Attuazione della direttiva 92/73/CEE in materia di medicinali omeopatici [PDF]

Philippines:

  • Traditional and Alternative Medicine Act of 1997 [PDF]


 

Other Resources (WIPO)
  • Comparative Table on Existing Sui Generis Laws and Measures [PDF]
  • Comparative Summary of Existing National Sui Generis Measures and Laws for the Protection of Traditional Knowledge (WIPO/GRTKF/IC/5/INF/4)
  • The Protection of Traditional Knowledge: Revised Outline of Policy Options and Legal Mechanisms (WIPO/GRTKF/IC/9/INF/5)
  • Consolidated Survey of Intellectual Property Protection of Traditional Knowledge (WIPO/GRTKF/IC/5/7 and WIPO/GRTKF/IC/5/7 Corr.)
  • Composite Study on the Protection of Traditional Knowledge (WIPO/GRTKF/IC/5/8)

Traditional Knowledge, Genetic Resources and Traditional Cultural Expressions/Folklore

Related Links

E-Newsletters