ABSTRACT
While the previous chapters analysed the challenges faced by property in the areas of dead bodies, body parts, genes and genetic information, this chapter examines a similar challenge to the concept of property but in the different area of traditional knowledge. It explores various issues at the intersection of property and traditional knowledge, especially how the concept of property can be used to protect traditional knowledge. At this stage, the pertinent question is whether the argument for the protection of dead bodies, body parts, genes and genetic information with a limited property regime could be equally applicable to the protection of traditional knowledge? Traditional knowledge is a term that embraces very diverse subjects such as folklore, folk art, folk song, folk music, folk medicine, folk tales, and farmers’ varieties of seeds. Traditional knowledge has both tangible and intangible aspects, and its dual forms may appeal to an understanding of property as a ‘right to a thing’ as well as a ‘bundle of rights’. Traditional knowledge, especially knowledge relating to medicine and agriculture, is substantially used by a significant proportion of developing countries’ population; and its popularity is increasing in developed countries.1
