WIPO/GRTKF/IC/16/INF/8
Annex, page 5
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To protect expressions of folklore against misappropriation, misuse and
exploitation beyond their traditional context.
This instrument aims at protecting traditional knowledge that is generated; preserved in
a traditional and intergenerational context and traditional knowledge that is distinctively
associated with local or traditional community. This knowledge should be integral to the
cultural identity that is recognized as holding the knowledge through a form of custodianship,
guardianship or collective and cultural ownership or responsibility. When adopted, this
instrument will assist member states of ARIPO to protect these resources in the region.
10.
Conclusion
As can be seen from above, protection of TK, GR and Folklore has not been given
prominent attention in many of the legislation available. This has resulted in very limited
protection for these very important resources. Many countries in the region either do not have
policies on IP or are just beginning to prepare them. Additionally many states have outdated
IP laws which have no provisions for the protection of TK, GR and Folklore. It is only
recently that organizations like COMESA and ARIPO have taken initiatives to include the
protection of TK, GR and Folklore in their policies and protocols. This is a step in the right
direction as this will go a long way in advancing the protection IP in member states and the
region. Further, many states in the region have started taking steps to update their IP
legislation to meet the TRIPs obligations by 2013. This will further strengthen the protection
regimes of IP in many states in the region. When IP policies have been formulated and
legislation has been fully amended, the problem of bio-piracy, pillaging and other undesirable
vices will be a thing of the past.
[End of Annex and of document]