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Traditional knowledge
Traditional knowledge, indigenous knowledge and local knowledge generally refer to
knowledge systems embedded in the cultural traditions of regional, indigenous, or local
communities.[1] 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. These kinds of knowledge, crucial for subsistence and survival, are generally based on
accumulations of empirical observation and on interaction with the environment.

In many cases, traditional knowledge has been orally passed oral tradition for generations from
person to person. Some forms of traditional knowledge find expression in culture, stories, legends,
folklore, rituals, songs, and laws.[2][3][4] Other forms of traditional knowledge are expressed through
other means.[5]

Contents
Characteristics
Property rights
Public domain
Indigenous intellectual property
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
The Convention on Biological Diversity (CBD)
Government of India efforts
Traditional cultural expressions
See also
References
External links

Characteristics
A report of the International Council for Science (ICSU) Study Group on Science and Traditional
Knowledge characterises traditional knowledge as:

"a cumulative body of knowledge, know-how, practices and representations maintained

and developed by peoples with extended histories of interaction with the natural
environment. These sophisticated sets of understandings, interpretations and meanings
are part and parcel of a cultural complex that encompasses language, naming and
classification systems, resource use practices, ritual, spirituality and worldview."[6]

Traditional knowledge typically distinguishes one community from another. In some communities,
traditional knowledge takes on personal and spiritual meanings. Traditional knowledge can also
reflect a community's interests. Some communities depend on their traditional knowledge for
survival. Traditional knowledge regarding the environment such as taboos, proverbs and
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cosmological knowledge systems provide a lot of conservation

ethos for biodiversity preservation.[7] This is particularly true of
traditional environmental knowledge, which refers to a
"particular form of place-based knowledge of the diversity and
interactions among plant and animal species, landforms,
watercourses, and other qualities of the biophysical environment
in a given place".[8] An exemplar of a society with a wealth of
traditional ecological knowledge (TEK), the South American
Kayapo people, have developed an extensive classification system Tribal Colleges preserve and pass
of ecological zones of the Amazonian tropical savannah (i.e., on both general knowledge and,
campo / cerrado) to better manage the land.[9] through employing community
Elders, traditional Indigenous
Some social scientists conceptualise knowledge within a knowledge. (Leech Lake Tribal
naturalistic framework and emphasize the gradation of recent College, Minnesota)
knowledge into knowledge acquired over many generations.
These accounts use terms like "adaptively acquired knowledge",
"socially constructed knowledge," and other terms that emphasize the social aspects of knowledge.[10]
Local knowledge and traditional knowledge may be thought of as distinguished by the length of time
they have existed - decades to centuries versus millennia. A large number of scholarly studies in the
naturalistic tradition demonstrate that traditional knowledge is not a natural category, and may
reflect power struggles and relationships for land, resources and social control rather than adherence
to a claimed ancestry or heritage.

On the other hand, indigenous and local communities themselves may perceive traditional knowledge
very differently. The knowledge of indigenous and local communities is often embedded in a
cosmology, and any distinction between "intangible" knowledge and physical things can become
blurred. Indigenous peoples often say that "our knowledge is holistic, and cannot be separated from
our lands and resources". Traditional knowledge in such cosmologies is inextricably bound to
ancestors, and ancestral lands. Knowledge may not be acquired by naturalistic trial and error, but
through direct revelation through conversations with "the creator", spirits, or ancestors. Chamberlin
(2003) writes of a Gitksan elder from British Columbia confronted by a government land-claim: "If
this is your land," he asked, "where are your stories?"[11]

Indigenous and local communities often do not have strong traditions of ownership over knowledge
that resemble the modern forms of private ownership. Many have clear traditions of custodianship
over knowledge, and customary law may guide who may use different kinds of knowledge at
particular times and places, and specify obligations that accompany the use of knowledge. From an
indigenous perspective, misappropriation and misuse of knowledge may be offensive to traditions,
and may have spiritual and physical repercussions in indigenous cosmological systems.
Consequently, indigenous and local communities argue that others' use of their traditional knowledge
warrants respect and sensitivity. Critics of "traditional knowledge", however, see such demands for
"respect" as an attempt to prevent unsubstantiated beliefs from being subjected to the same scrutiny
as other knowledge-claims. This has particular significance for environmental management because
the spiritual component of "traditional knowledge" can justify any activity, including the
unsustainable harvesting of resources.

Property rights
International attention has turned to intellectual property laws to preserve, protect, and promote
traditional knowledge. In 1992, the Convention on Biological Diversity (CBD) recognized the value of
traditional knowledge in protecting species, ecosystems and landscapes, and incorporated language
regulating access to it and its use (discussed below). It was soon urged that implementing these
provisions would require revision of international intellectual property agreements.

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This became even more pressing with the adoption of the World
Trade Organization Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPs), which established rules for
creating and protecting intellectual property that could be
interpreted to conflict with the agreements made under the
CBD.[12] In response, the states who had ratified the CBD
requested the World Intellectual Property Organization (WIPO)
to investigate the relationship between intellectual property
rights, biodiversity and traditional knowledge. WIPO began this
work with a fact-finding mission in 1999. Considering the issues
involved with biodiversity and the broader issues in TRIPs Indigenous lands are endangered
(involving all forms of cultural expressions, not just those by climate change. Many
associated with biodiversity – including traditional designs, Indigenous Nations hold traditional
music, songs, stories, etc.), WIPO established the knowledge about land management
Intergovernmental Committee on Intellectual Property and in their bioregions.
Genetic Resources, Traditional Knowledge and Folklore (IGC-
GRTKF).

The period of the early 1990s to the Millennium was also characterized by the rapid rise in global civil
society. The high-level Brundtland Report (1987) recommended a change in development policy that
allowed for direct community participation and respected local rights and aspirations. Indigenous
peoples and others had successfully petitioned the United Nations to establish a Working Group on
Indigenous Populations that made two early surveys on treaty rights and land rights. These led to a
greater public and governmental recognition of indigenous land and resource rights, and the need to
address the issue of collective human rights, as distinct from the individual rights of existing human
rights law.

The collective human rights of indigenous and local communities has been increasingly recognized –
such as in the International Labour Organization (ILO) Convention 169 (1989) and the Declaration
on the Rights of Indigenous Peoples (2007). The Rio Declaration (1992), endorsed by the presidents
and ministers of the majority of the countries of the world, recognized indigenous and local
communities as distinct groups with special concerns that should be addressed by states.

Initial concern was over the territorial rights and traditional resource rights of these communities.
Indigenous peoples soon showed concern for the misappropriation and misuse of their "intangible"
knowledge and cultural heritage. Indigenous peoples and local communities have resisted, among
other things: the use of traditional symbols and designs as mascots, derivative arts and crafts; the use
or modification of traditional songs; the patenting of traditional uses of medicinal plants; and the
copyrighting and distribution of traditional stories.

Indigenous peoples and local communities have sought to prevent the patenting of traditional
knowledge and resources where they have not given express consent. They have sought for greater
protection and control over traditional knowledge and resources. Certain communities have also
sought to ensure that their traditional knowledge is used equitably - according to restrictions set by
their traditions, or requiring benefit sharing for its use according to benefits which they define.

Three broad approaches to protect traditional knowledge have been developed. The first emphasizes
protecting traditional knowledge as a form of cultural heritage. The second looks at protection of
traditional knowledge as a collective human right. The third, taken by the WTO and WIPO,
investigates the use of existing or novel sui generis measures to protect traditional knowledge.

Currently, only a few nations offer explicit sui generis protection for traditional knowledge. However,
a number of countries are still undecided as to whether law should give traditional knowledge
deference. Indigenous peoples have shown ambivalence about the intellectual property approach.
Some have been willing to investigate how existing intellectual property mechanisms (primarily:

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patents, copyrights, trademarks and trade secrets) can protect traditional knowledge. Others believe
that an intellectual property approach may work, but will require more radical and novel forms of
intellectual property law ("sui generis rights"). Others believe that the intellectual property system
uses concepts and terms that are incompatible with traditional cultural concepts, and favors the
commercialization of their traditions, which they generally resist. Many have argued that the form of
protection should refer to collective human rights to protect their distinct identities, religions and
cultural heritage.

Public domain

Literary and artistic works based upon, derived from or inspired by traditional culture or folklore
may incorporate new elements or expressions. Hence these works may be "new" works with a living
and identifiable creator, or creators. Such contemporary works may include a new interpretation,
arrangement, adaptation or collection of pre-existing cultural heritage that is in the public domain.
Traditional culture or folklore may also be "repackaged" in digital formats, or restoration and
colorization. Contemporary and tradition based expressions and works of traditional culture are
generally protected under existing copyright law, a form of intellectual property law, as they are
sufficiently original to be regarded as "new" upon publication. Once the intellectual property rights
afforded to these new works of traditional knowledge expire, they fall into the public domain.[13]

The public domain, as defined in the context of intellectual property rights, is not a concept
recognised by some indigenous peoples. As much of traditional knowledge has never been protected
under intellectual property rights, it is argued that they can not be said to have entered any public
domain. On this point the Tulalip Tribes of Washington state has commented that "...open sharing
does not automatically confer a right to use the knowledge (of indigenous people)... traditional
cultural expressions are not in the public domain because indigenous peoples have failed to take the
steps necessary to protect the knowledge in the Western intellectual property system, but from a
failure of governments and citizens to recognise and respect the customary laws regulating their
use".[13] Equally however, the idea of restricting the use of publicly available information without
clear notice and justification is regarded by many in developed nations as unethical as well as
impractical.[14]

Indigenous intellectual property

Indigenous intellectual property[1] is an umbrella legal term used in

national and international forums to identify indigenous peoples'
special rights to claim (from within their own laws) all that their
indigenous groups know now, have known, or will know.[15] It is a
concept that has developed out of a predominantly western legal
tradition, and has most recently been promoted by the World
Intellectual Property Organization, as part of a more general United
Nations push [16] to see the diverse wealth of this world's
indigenous, intangible cultural heritage better valued and better
protected against probable, ongoing misappropriation and
misuse.[17]
Buddhist monk Geshe Konchog
In the lead up to and during the United Nations International Year
Wangdu reads Mahayana sutras
for the World's Indigenous Peoples (1993)[18] then during the from an old woodblock copy of
following United Nations Decade of the World's Indigenous Peoples the Tibetan Kanjur.
(1995–2004)[16] a number of conferences of both indigenous and
non-indigenous specialists were held in different parts of the world,
resulting in a number of declarations and statements identifying, explaining, refining, and defining
'indigenous intellectual property'.[19][20]
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Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

Article 27. 3(b) of the Agreement on Trade-Related Aspects of

Intellectual Property Rights (TRIPs) sets out certain conditions
under which certain biological materials or intellectual
innovations may be excluded from patenting. The Article also
contains a requirement that Article 27 be reviewed. In the TRIPs-
related Doha Declaration of 2001, Paragraph 19 expanded the
review to a review of Article 27 and the rest of the TRIPs
Cree men, including Big Bear
agreement to include the relationship between the TRIPS
(Mistahi-maskwa) trading with
Agreement and the 1992 Convention on Biological Diversity
colonists at Fort Pitt, Saskatchewan,
(CBD) and the protection of traditional knowledge and
1884
folklore.[12]

The Convention on Biological Diversity (CBD)

The Convention on Biological Diversity (CBD), signed at the

United Nations Conference on Environment and Development
(UNCED) in 1993, was the first international environmental
convention to develop measures for the use and protection of
traditional knowledge, related to the conservation and
sustainable use of biodiversity.[21] By 2006, 188 had ratified the
Convention and agreed to be bound by its provisions, the largest
number of nations to accede to any existing treaty (the United
States is one of the few countries that has signed, but not ratified,
Traditional wild rice harvesting
the CBD). Significant provisions include:
continues into the present day as a
living tradition.
Article 8. In-situ Conservation

Each Contracting Party shall, as far as possible and as

appropriate:

(a)...

(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...

Article 10. Sustainable Use of Components of

Biological Diversity

Each Contracting Party shall, as far as possible and as

appropriate:

(a)...

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(c) Protect and encourage customary use of biological

resources in accordance with traditional cultural
practices that are compatible with conservation or
sustainable use requirements

The interpretation of these provisions has been elaborated through decisions by the parties (ratifiers
of the Convention) (see the Convention on Biological Diversity Handbook, available free in digital
format from the Secretariat). Nevertheless, the provisions regarding Access and Benefit Sharing
contained in the Convention on Biological Diversity never achieved consensus and soon the authority
over these questions fell back to WIPO.[22]

At the Convention on Biological Diversity meeting, in Buenos Aires, in 1996, emphasis was put on
local knowledge. Key players, such as local communities and indigenous peoples, should be
recognized by States, and have their sovereignty recognised over the biodiversity of their territories,
so that they can continue protecting it.[23]

The parties to the Convention set a 2010 target to negotiate an international legally binding regime
on access and benefit sharing (ABS) at the Eighth meeting (COP8), 20–31 March 2006 in Curitiba,
Brazil. This target was met in October 2010 in Nagoya, Japan, by conclusion of the Nagoya Protocol
to the CBD. The agreement is now open for ratification, and will come into force when 50 signatories
have ratified it. It entered into force on 12 October 2014. As of October 2017, 100 nations and the EU
ratified the Nagoya Protocol.[24] The Protocol treats of inter-governmental obligations related to
genetic resources, and includes measures related to the rights of indigenous and local communities to
control access to and derive benefits from the use of genetic resources and associated traditional
knowledge.

Government of India efforts

In 2001, the Government of India set up the Traditional Knowledge Digital Library (TKDL) as
repository of 1200 formulations of various systems of Indian medicine, such as Ayurveda, Unani and
Siddha and 1500 Yoga postures (asanas), translated into five languages — English, German, French,
Spanish and Japanese.[25][26] India has also signed agreements with the European Patent Office
(EPO), United Kingdom Intellectual Property Office (UKIPO) and the United States Patent and
Trademark Office (USPTO) to prevent the grant of invalid patents by giving patent examiners at
International Patent Offices access to the TKDL database for patent search and
examination.[26][27][28]

IPR Policy of Kerala Govt.(India) - Intellectual Property Rights (IPRs) Policy for Kerala released
in 2008,[29] proposes adoption of the concepts ‘knowledge commons’ and ‘commons licence’ for the
protection of traditional knowledge. The chief architects of the Policy are Prof. Prabhat Patnaik and
Mr. R.S. Praveen Raj. The policy seeks to put all traditional knowledge into the realm of "knowledge
commons", distinguishing this from the public domain. While codification of TK in digital libraries
and sharing the same with patent offices prevents direct misappropriation, it is feared that it may
provide an opportunity for private appropriation by making cosmetic improvements to such
traditional knowledge that is not readily accessible otherwise. TKDL cannot at the same time be kept
confidential and treated as prior art - says R.S. Praveen Raj.[30]

According to R S Praveen Raj any attempt to codify community-held TK in the form of Traditional
Knowledge Digital Libraries (TKDL) using "Prior Informed Consent" and "Access and Benefit
Sharing" concepts would be a gross injustice to those communities if the knowledge was shared with
patent offices or even with researchers, as it would affect the livelihoods of Traditional Knowledge
practitioners. He also cautions against classifying Traditional Knowledge under Intellectual Property
Rights (IPR) and creation of statutory registrable rights on TK,.[31] Instead, he proposes the creation

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of a Traditional Knowledge Docketing System (TKDS) to indicate the location at which the knowledge
is available, the community that possesses the traditional knowledge, a short description of the
nature of TK and community protocol, if any. He argues that the indigenous communities should be
educated and empowered to protect their TK through existing legal mechanisms or take patents on
the innovations made by them on the TK (if they feel so) and to negotiate with the potential
customers by forming societies or trusts of their own. There is no bar for patenting inventions,
though it may be based on TK. Section 3(p) of Indian Patents Act, 1970 only prevents patenting of
"traditional knowledge or which is an aggregation or duplication of known properties of traditionally
known component or components" and not patenting of any inventions based on TK.

In the year 2016, Dr. Shashi Tharoor, Member of Parliament from Thiruvananthapuram introduced a
Private Bill (The Protection of Traditional Knowledge Bill, 2016 (http://164.100.47.4/BillsTexts/LSBi
llTexts/Asintroduced/3013.pdf)). The Bill was introduced for the protection, preservation and
promotion of traditional knowledge system in India. The Bill is yet to be discussed in the Parliament.
Neither, the Bill was discussed much in the media. According to Mr. Vishnu S Warrier, Dr. Shashi
Tharoor has failed to address the real concern (http://www.intellectualpropertyprimer.com/protectio
n-traditional-knowledge-bill-failure.html) of traditional knowledge through his Private Bill.It is
important in our life.

Traditional cultural expressions

The phrase "traditional cultural expressions" is used by the
World Intellectual Property Organization to refer to "any form of
artistic and literary expression in which traditional culture and
knowledge are embodied. They are transmitted from one
generation to the next, and include handmade textiles, paintings,
stories, legends, ceremonies, music, songs, rhythms and
dance."[32]

The art of Diné weaving is part of

See also the traditional knowledge of the
Navajo people.
Agroecology
Biopiracy
Convention on Biological Diversity
Environmental racism
Ethnoastronomy
Ethnobiology
Ethnobotany
Ethnoecology
Ethnomathematics
Ethnomedicine
Ethnoscience
Ethnozoology
Folklore
Indigenous intellectual property
Indigenous peoples
Intangible cultural heritage
Intellectual property
Inuit Qaujimajatuqangit (traditional knowledge in Arctic
Canada)
Sui generis protection
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Traditional medicine
Traditional knowledge GIS
Traditional ecological knowledge
World Intellectual Property Organization (WIPO)
Yoga piracy

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3. Turner, N. J., Ignace, M. B., & Ignace, R. (2000). Traditional ecological knowledge and wisdom of
aboriginal peoples in British Columbia. Ecological applications, 10(5), 1275-1287
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13. Farah, Paolo Davide; Tremolada, Riccardo (15 June 2014). "Diritti di Proprietà Intellettuale, Diritti
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Intellectual Property (https://web.archive.org/web/20160330114112/http://arts.adelaide.edu.au/ling
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External links

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CBD Article 8(j): TradItional Knowledge, Innovations and Practices (https://web.archive.org/web/2

0060820080828/http://www.biodiv.org/programmes/socio-eco/traditional/default.aspx)
WTO: TRIPs Article 27.3b, traditional knowledge, biodiversity (http://www.wto.org/English/tratop_
e/trips_e/art27_3b_e.htm)
International Workshop on Free, Prior and InforMed Consent and Indigenous Peoples (https://we
b.archive.org/web/20070615160555/http://www.un.org/esa/socdev/unpfii/news/news_workshop_f
pic.htm)
Statement by the Tulalip Tribes of Washington on Folklore, Indigenous Knowledge, and the Public
Domain, July 09, 2003 (http://www.wipo.int/tk/en/igc/ngo/tulaliptribes.pdf)
Intellectual Property Rights, Open Source Methods and Traditional Knowledge in Developing
Countries (https://web.archive.org/web/20061127191345/http://www.technetra.com/writings/archiv
e/2006/08/24/ipr-open-source-methods-traditional-knowledge-in-developing-countries)
Anti-colonial discourse and indigenous knowledges (http://mje.mcgill.ca/article/view/566/455/)
Traditional ecological knowledge handbook : a training manual and reference guide for designing,
conducting, and participating in research projects using traditional ecological knowledge (http://lib
rary.state.ak.us/asp/edocs/2007/04/ocm46948295.pdf) / prepared by Rita A. Miraglia. Hosted by
Alaska State Publications Program.
Research article by Terra Nuova on "Preservation and maintenance of biological diversity related
knowledge of indigenous diversity and local communities with traditional lifestyles Bony Forest,
Ijara District" (http://www.terranuova.org/file_download/49)

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