ABSTRACT
National treatment is a strong mechanism because of its anti-discrimination goals and characteristics. It also has potential for more robust outcomes than other cross-border frameworks. Existing intellectual property (IP) and trade mechanisms that enable cross-border protection provide some guidance, even though it is well-recognised that IP law does not provide the right mechanisms or framework for the protection of most traditional knowledge. National treatment does not provide private international law rules, which are applicable to disputes between private parties, relating to jurisdiction or choice of law rules. These private international law rules will be important in cross-border traditional knowledge disputes. It is important that the Traditional Knowledge and Folklore (IGC) process ensures that there are some minimum standards that would enable not only domestic protection, but also cross-border protection as a result of national treatment. Exceptions are also relevant to traditional knowledge interfacing with existing IP regimes.
