ABSTRACT

The protection of traditional knowledge is by undeniably a 'global' endeavour. While the need to protect traditional knowledge is sometimes presented as arising from the erosion of traditional ways of life, its internationally dominant expression is in terms of illegitimate appropriation. The emphatic concern with origin in most contemporary dealings with traditional knowledge must have to do with the importance of origin to intellectual property law. The concept of traditional knowledge and the need for its protection emerged especially in relation to developments and conflicts in the fields of nature conservation, and the wider biogenetic resource politics of the late twentieth century. Passing legislation that protects traditional knowledge can be, or seem like, a sign of recognition of its value. Legislation and soft law guidelines regarding access and benefit sharing are currently wielded as the main mechanisms for the protection of traditional knowledge.