ABSTRACT
The multilateral intellectual property protection framework, as exemplified by Trade-Related Aspects of Intellectual Property Rights (TRIPS), has been constructed to best deliver the protection on those intellectual property rights that the major players—the developed countries—have sought to have protected. The multilateral framework is given further substance by the network of TRIPS-plus treaties and bilateral agreements, in which the same developed countries figure prominently. The issues confronting the protection of rights in respect of copyright-aligned traditional knowledge exist in similar degree with rights related to the exploitation of genetic resources and biodiversity. The issue of protection of traditional knowledge also arises in the context of the TRIPS-mandated provisions concerning patentable products and processes, particularly in respect of genetic resources, biodiversity and inventions derived from native flora and fauna. The States’ trademarks and geographical indications laws offer some limited opportunity or potential for the protection of traditional knowledge, cultural expressions or folklore.
