Beskyttelse av tradisjonell kunnskap for planter og plantefordeling. Status , muligheter og fremtidsutsikter

Abstract

The article, originally presented as the given lecture for the PhD defense at the Faculty of Law, University of Oslo, 1 June 2006, elaborates on the development towards recognition of traditional knowledge as intellectual property eligible for intellectual property rights protection. After a clarification of relevant terms, particular emphasis is given to the distinction between defensive and positive protection. There are various forums involved in the discussion relating to intellectual property. WIPO’s Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore plays the most important role. A Norwegian proposal seeking to prevent misuse of traditional knowledge by the means of a provision protecting against unfair competition is used as an illustration of what might be feasible within the context of the Intergovernmental Committee.