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Traditional knowledge and the patent system: Two worlds apart?

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  • Finetti, Claudia

Abstract

Traditional knowledge is a very broad definition which embraces technical concepts about a local environment, wherein said knowledge derives from the long-standing traditions and practices of certain regional, indigenous, or local communities. These technical concepts, which are intrinsically connected with the spiritual meanings and beliefs of the communities which had developed them, are the way indigenous people have in order to survive in the surrounding environment. The increasing awareness of the importance of this kind of knowledge brought about the necessity of the definition, classification and legal protection of traditional knowledge. As a consequence, after giving a brief overview of the main legal basis developed in the attempt at the protection of traditional knowledge, this paper deals with the problems associated with the codification in registers and databases, and gives some remarks about the Indian, Korean and Chinese traditional knowledge databases. Finally, a case study on a chemical patent search approached from a traditional knowledge point of view is presented.

Suggested Citation

  • Finetti, Claudia, 2011. "Traditional knowledge and the patent system: Two worlds apart?," World Patent Information, Elsevier, vol. 33(1), pages 58-66, March.
    • Handle: RePEc:eee:worpat:v:33:y:2011:i:1:p:58-66
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    Cited by:

    1. Fiore Fontanarosa, 2016. "Common property rights e traditional knowledge: appunti comparatistici in tema di diritti di propriet? intellettuale delle collettivit? locali," AGRICOLTURA ISTITUZIONI MERCATI, FrancoAngeli Editore, vol. 2016(2), pages 136-174.

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