IP Rights and Indigenous Rights: Between Commercialization and Humanization of Traditional Knowledge

Author(s)

Julie Yassine

Details

Faculty editor: Michael Ramsey
Publication: International Law Journal
Volume: 20
Issue: 1
Start Page: 71
Month: December
Year: 2018
Type: Faculty Essay
Instititional Repository (IR) location of full article: https://digital.sandiego.edu/ilj/vol20/iss1/

Abstract

The relevance of traditional knowledge is undeniable, but the only question that remains is how to protect it. Does IP law provide adequate and sufficient protection for traditional knowledge? Can it accommodate the particularities of indigenous groups without affecting their aspirations and inspirations? Applying IP law to traditional knowledge is highly contested by indigenous communities, as it can effectively lead to a community’s partial or total commercialization, which requires some efforts to “humanize” it for further adaptation to the context of indigenous rights.