Preparing mechanisms for protecting traditional knowledge in Iran utilizing the experiences of India

• DOI: http://doi.org/10.1111/jwip.12160
• Published date: 01 July 2020
• Date: 01 July 2020
• Author: Manuchehr Tavassoli Naini,Rasoul Mazaheri,Naser Allahvakil

J World Intellect Prop. 2020;23:454–472.wileyonlinelibrary.com/journal/jwip454

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© 2020 John Wiley & Sons Ltd

DOI: 10.1111/jwip.12160

ORIGINAL ARTICLE

Preparing mechanisms for protecting traditional

knowledge in Iran utilizing the experiences of

India

Manuchehr Tavassoli Naini |Naser Allahvakil |Rasoul Mazaheri

Department of Law, University of Isfahan,

Isfahan, Iran

Correspondence

Manuchehr Tavassoli Naini, Department of Law,

University of Isfahan, Isfahan 8174673441,

Iran.

Email: tavassoli@ase.ui.ac.ir

Abstract

Traditional knowledge is a kind of science and experience

that has been gained after many years of experience in

indigenous and local communities in certain geographic

regions. With the increasing expansion of trade ex-

changes in the international arena, the need to support

this knowledge is felt more than ever. The efforts of the

Intergovernmental Committee on Intellectual Property

and Genetic Resources, Traditional Knowledge and

Folklore, which began in 2000 with the aim of drafting an

international document for the protection of traditional

knowledge, has continued, and various countries have, in

parallel, taken actions in their domestic law to support

traditional knowledge. In Iran, the Intellectual Property

Policy Council is also preparing a draft law to support

traditional knowledge. The result of this research is sta-

ted Since India has taken actions in supporting traditional

knowledge from many years ago and has achieved some

success both domestically and internationally given the

historical, cultural, and legal affinities of India and Iran, its

experiences can be useful in the field of legislation and

more than that, the establishment of mechanisms for the

collection and consolidation of information and protec-

tion of Iranian traditional knowledge as one of the richest

sources in Asia.

KEYWORDS

India, intellectual property, traditional knowledge, WIPO

1|INTRODUCTION

Traditional knowledge is the knowledge, innovations, and practices of indigenous and local communities embodying

traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their

wider application with the approval and involvement of the holders of such knowledge, innovations and practices

and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and

practices

1

and the related technical know‐how produced and developed in a given society and passed down from

generation to generation. Traditional knowledge (or indigenous technical knowledge, indigenous knowledge, and

people's science) is a form of science and experience that was created after many years of experience in indigenous

and local communities at certain geographic regions. It is a collection of the most compatible and best ways to use

the facilities for living in particular environments, generally transferred from generation to generation empirically,

verbally and by word of mouth (Chambers, 1983, p. 58).

Iran has a very strong background in this area and the knowledge of various ethnicities about the medicinal

application of plants is very diverse and rich. Botany, zoology, handicrafts and manual skills, various methods

of agriculture, medicine, production of various artefacts, pharmaceuticals, and so forth are examples of this

knowledge. Knowledge of genetic, useful types of plant species, organic farming, traditional medicine, traditional

architecture, traditional irrigation, and hundreds of other know‐hows are examples of traditional knowledge capital,

especially in rural and nomadic areas (Habiba, 2007, p. 57). This knowledge is a concept that has been around for

several millennia and due to its high impact on the economic development of societies and its impact on modern

sciences and inventions, has become very important and some people try to use it illegally without respecting the

rights of the royalty holders. However, often societies that have been the origin of this knowledge and the people

whose efforts have led to such knowledge after many centuries do not profit from the economic benefits of this

trade and industry and their rights are ignored. Clearly, these communities are generally poor and live in developing

countries.

In the last two centuries, the countries of the world and mainly the European countries have included pro-

tecting intellectual property rights (e.g., literary and artistic rights and industrial property rights) in their agenda

and in addition to ratification of certain national laws and regulations, have formed international conventions

related to this field and ultimately created the World Intellectual Property Organization (WIPO). But the subject of

traditional knowledge has not been seriously considered for a variety of reasons that are mostly related to the

features of this knowledge and the differences in attitudes of developed and developing countries on the nature

and subject matter and protective methods of this knowledge. The Intergovernmental Committee on Intellectual

Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) as one of the WIPO subcommittees is

pursuing this since 2000.

Moreover, the creation of the World Trade Organization (WTO) and the approval of Trade Related Aspects of

Intellectual Property (TRIPS) agreement as one of the important WTO agreements do not accord in its nature and

differences in the interests of developed and developing countries (Saed Wakil, 2009, p. 35) and TK per se is not

among the forms of intellectual property that is covered under the TRIPS Agreement.

Also, the WIPO Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Tradi-

tional Knowledge and Folklore, as a member of the WIPO Sub‐Committees since 2000, has been pursuing the

abovementioned topics, has not yet reached final approvals to support these three issues, and the experience also

shows that if approved, on the issue of traditional knowledge, due to its diverse nature among different countries,

and the differences in views and interests between developing countries and developed countries, there is not a

permanent committee in this regard (Robinson & Abdel‐latif, 2017, p. 21) and the issue at hand is to develop legal

instrument or instruments for protecting TK, GR, and Traditional Cultural Expressions (TCEs).

This committee is not a Standing Committee in WIPO, with the same law‐making powers and would need to go

to a Diplomatic Conference to formalise any laws it has negotiated. But this still seems some time away. The

objective of this Committee's new mandate for 2020–2021 is “finalizing an agreement on an international legal

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