Do You Want it Gift Wrapped?: Protecting Traditional Knowledge in the Pacific Island Countries

Abstract

The importance of customary law and customary institutions in the context of protecting the traditional knowledge (TK) of indigenous people is gradually being more widely recognised. However, translating this recognition into practice still seems a long way off, as very few countries have developed a protection framework that provides a role for customary institutions. The Pacific Island countries are currently in the process of moving forward with such an initiative, and their experiences offer important insights into the challenges associated with it. This chapter begins by discussing the TK agenda as it has been pursued in the region for the past decade, and in particular the development of the Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture (2002), which has been cited as a best practice approach. The chapters in this volume were first presented at the conference ‘Intellectual Property, Trade and the Knowledge Assets of Indigenous Peoples: The Developmental Frontier’ in December 2010. Traditional knowledge systems are also innovation systems. This book analyses the relationship between intellectual property and indigenous innovation. The contributors come from different disciplinary backgrounds including law, ethnobotany and science. Drawing on examples from Australia, New Zealand and the Pacific Islands, each of the contributors explores the possibilities and limits of intellectual property when it comes to supporting innovation by indigenous people.