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Flashcards in Arbitration and Mediation Deck (5)
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Characteristics of TK and TCEs

are handed down from generation to generation, either orally or y imitation

reflect a community's cultural and social identity

are often made by authors unknown and are regarded as belonging to a community under customary law

are constantly evolving, developing and being recreated within a community.


Traditional knowledge

content or substance of knowledge which results form intellectual activity in a readitional context

includes know-how, skills

forms in which tradional knowledge and culture are expressed communicated and manifested

may be tangible intangible or mixed

ex. songs, performances.


Genetic Resources

GRs are subject to regulations on access and benefit sharing set by

the convention on Biological Diversity CBD
the Nogoya Protocol on Access to Genetic Resources and the fair and equitable Sharing of benefits arising from their Utilization to the CBD
The international Treaty on Genetic Resources for food and agriculture

as implemented by regional and national system


IP and genetic resources



what is the issue in protection genetic resources ?

Inventions based on or derived from GRs may ne patentable for subject to other forms of IP rights)

preventing the grant of erroneous patenrs over GRs that do not fulfill the requirements of novelty and non obvious.