Pacific Islanders’ traditional knowledge and expressions of culture are increasingly being appropriated and commercialised for profit by non-indigenous interests. At present there is no international or regional regime in place that affords legal protection to traditional knowledge and expressions of culture. Existing protection for intellectual property rights give priority to individual ownership, imposes strict interpretations of invention, and have a limited life. In contrast, traditional knowledge and expressions of culture are characterised by collective ownership, are normally held in perpetuity from generation to generation, and are incremental, informal and subject to change over time. The Cultural Affairs Programme, in partnership with the Pacific Islands Forum Secretariat (PIFS) and UNESCO, is working to establish legal protection of traditional knowledge and expressions of culture through the development and implementation of a Pacific Regional Framework. This Framework includes a Background Note, a Model Law and an Explanatory Memorandum. The Pacific Regional Framework has been developed in close consultation with SPC, UNESCO, FORUM member countries and territories, and the Council of Pacific Arts. It reflects developments taking place internationally at both UNESCO and the World Intellectual Property Organization (WIPO). The Pacific Regional Framework is developed in response to calls from the region, to help ensure that Pacific Island communities maintain control over, and profit from, any commercialisation of their traditional knowledge and expressions of culture. The Model Law for the Protection of Traditional Knowledge and Expressions of Culture establishes a new range of statutory rights for customary owners of traditional knowledge and expressions of culture. Countries wishing to enact the Model Law are free to adopt and/or adapt the provisions in accordance with national needs, the wishes of their traditional communities, and their legal drafting styles. Matters of detail or implementation are left to be determined by national laws and systems. The Model Law is envisioned as a starting point, and will be modified based on the experiences of member countries in enacting and administering their own laws, and in accordance with further international developments. Member countries wishing to enact national legislation can seek legal-technical assistance from SPC and PIFS, for the strengthening and effective implementation of the Model Law in accordance with the SPC/PIFS Regional Implementation Action Plan. To download the framework document as a PDF, CLICK HERE.

www.wipo.int/tk/en/documents/pdf/grtkf-ic4inf2-annex.pdf