The Protection of Traditional Knowledge: Classifications and Legal Effects

Abstract:
In the context of knowledge governance, diverse players with different interests regarding the question of protectable knowledge and access to knowledge have developed a wide range of linked terms such as: traditional knowledge, disclosed traditional knowledge, codified traditional knowledge, indigenous knowledge, heritage of indigenous peoples and publicly available. Much effort has focused on negotiating appropriate definitions of TK, to which, so far no agreement could be found. This paper suggests instead focusing on defining objectives and subsequently seeking classifications of TK in terms of developing appropriate scope of legal protection.