Traditional Knowledge (TK)
Introduction
Much of the work conducted by CGIAR involves working with indigenous communities and, therefore, can involve Traditional Knowledge (TK) associated with plants, livestock and fish. This TK might be for example about plants, their occurrence, their use and their farming systems. There are responsibilities regarding maintenance, use and protection that arise out of this interaction. But what issues are there relating to Traditional Knowledge that should concern agricultural research scientists? Questions that could be asked in this context include:
- Is permission from the owners formally gained and recorded?
- Has adequate time and attention been given to explain to people their TK rights?
- By publishing TK, are the IP rights of communities being potentially infringed?
- The CBD and the International Treaty both have language on Access and Benefit Sharing – How should CGIAR centres approach this issue?
TK related issues that are important to consider in the research process include:
Assuring the proper handling of research results - Prior Informed Consent (PIC)
Rice fields in terrace in northern Viet Nam
PIC represents the agreement that the community and the researchers have about proposed research. The community thereby allows access to their land, their village and to members of the community. The researchers also commit to the proper handling of the knowledge acquired. These agreements are usually made informally but, if possible, they should be recorded in a written form. Essential elements of a PIC are descriptions and statements regarding:
- The purpose of activity
- The people conducting and funding the activity
- The benefits for the people whose consent is requested
- Alternatives available to them
- possible risks involved
- possible discoveries that might affect their willingness to cooperate
- Destination and ownership status of the material acquired
- Any commercial interests
- Legal options for the community to enforce their rights
Ways to protect Traditional Knowledge
Code of conduct: Describes how the project managers want the research to be conducted. Such a code of conduct can be described in partnership agreements so that formal acceptance by partners is secured. The International Society of Ethnobiology can provide useful examples of a Traditional Knowledge policy (ISE code of ethics).
You can also view examples of Prior Informed Consent forms from India and Australia here.
Data management: Data management systems represent one way to establish TK as prior art because databases are a source of information on prior art used in reviewing patent applications. Thus it can be determined whether applications achieve the levels of novelty and inventiveness that are necessary for granting intellectual property protection. However, once TK is established it is not eligible for patent protection; this can be a problem for communities which want to market their knowledge. More information can be found at: http://www.ias.unu.edu/binaries/UNUIAS_TKRegistersReport.pdf
Positive IP protection: Apart from prior art protection there are other measures which can be deployed to promote protection and marketing of TK. Examples of such measures are Geographical Indications and Trademarks used to market unique plant products and Copyright protection for songs and symbols of indigenous people. A variety of examples with case histories are described at http://www.lightyearsip.net/ipinaction.shtml
Publishing Traditional Knowledge
Publications are the products of research and communicate the results, but they can serve other purposes for TK. 
Adapted publications help to communicate the research results and build trust between indigenous people and the scientists. TK is often held in an intangible form in communities, and publication can also serve to provide Indigenous communities with evidence that their knowledge is a part of prior art. Publication also documents and preserves the knowledge.
Access and Benefit Sharing
Academic research often creates benefits that are non-monetary but are, nevertheless, of value to the providing country. ABS practice applies equally to these non-monetary benefits. The Swiss State Secretariat for Economic Affairs identified in their ABS Management Tool the following non-monetary benefits:
Non-monetary benefits may include, but not be limited to:
- Collaboration, cooperation and contribution in education and training
- Admittance to ex situ facilities of genetic resources and to databases
- Institutional capacity-building
- Training related to genetic resources with the full participation of providing parties, and where possible, in such parties
- Access to scientific information relevant to conservation and sustainable use of biological diversity, including biological inventories and taxonomic studies
- Research directed towards priorty needs, such as health and food security
- Joint ownership of relevant intellectual property rights
For further information see this ABS management tool example: http://www.iisd.org/pdf/2005/standards_abs_mt_user_guide.pdf
Further useful information can be accessed in the book Biodiversity and Traditional Knowledge by Sarah A. Laird. (Publisher; Earthscan Publicatinos Ltd. ISBN-10: 1853836982. ISBN-13: 978-1853836985)
