ABSTRACT
This chapter analyses the challenges confronted by traditional knowledge (TK) protection frameworks in the context of shared and dispersed TK. To begin with, most policy and legal instruments, such as the Peruvian law for TK protection, Costa Rica Law 7788, and Panama Law 21, recognize prior informed consent (PIC) as critical condition which needs to be met as a pre-requisite for accessing and using TK for any purpose. To define best and most effective policy and legal option regarding the protection of shared and widely disseminated or distributed TK, decisions should bear in mind following situations. When TK is part or becomes part of the public domain or is freely accessible, protection possibilities are more limited still. Though the use of certain intellectual property (IP) tools for TK protection in particular is very difficult in best of cases, there may be instances where certain IP tools could serve purpose of protecting certain intellectual interests of indigenous peoples and communities.
