25 Colum. J. Envtl. L. 253 (2000)
How Intellectual Property Could Be a Tool to Protect Traditional Knowledge

handle is hein.journals/cjel25 and id is 259 raw text is: How Intellectual Property Could Be a Tool
to Protect Traditional Knowledge
David R. Downes*
I.  Introduction  ................................................................................ 254
II. A Preliminary Critique of the Current International Debate ...... 257
A. Oversimplification Regarding Traditional Knowledge
and Intellectual Property Rights (IPRs) .............................. 258
B. Exclusive Focus on Market-Based IPRs ............................. 259
C. Moralistic and Absolute Language For and Against IPRs ..261
III. Recommendations         on   Using     Intellectual   Property    to
Implement Article 80) of the Convention on Biological
D iversity  ..................................................................................... 264
A. Maintain or Expand Life Patenting Exception and Sui
Generis Clause under the Trade-Related Aspects of
Intellectual Property Rights (TRIPS) Agreement ............... 266
B.   Explore the Development of Geographical Indications or
Trademarks for Products of Indigenous and Local
Communities' Traditional Knowledge ................................ 268
C. Consider Requiring         Patent Applications to       Disclose
Traditional Knowledge and Origin of Genetic Resources
U sed  in  the  Invention  .......................................................... 274
D. Authors' Moral Rights and Other Models for Protecting
Traditional Knowledge ........................................................ 276
E.   Conduct Case Studies on the Impact of IPRs on the
Control and Sharing of Benefits from Specific Uses of
Traditional     Knowledge       and    Associated      Genetic
R esources  ............................................................................ 276
1. Example #1: The Turmeric Patent ................................. 278
2. Example #2: The Ayahuasca Patent .............................. 279
* Senior Advisor on Trade and the Environment, Office of the Secretary, United States Department
of the Interior, Washington, D.C. At the time of writing, the author was Senior Attorney, Center for
International Environmental Law (CIEL), and Adjunct Lecturer, American University College of
Law, Washington, D.C. The views expressed in this article are the author's own and do not
necessarily represent the position of the Department of the Interior, the United States government, or
CIEL. The author is grateful to Kristen Genovese and the Journal staff for editorial assistance.
Portions of this article appeared in a discussion paper distributed by the Center for International
Environmental Law at an international workshop on traditional knowledge under the auspices of the
Convention on Biological Diversity held in Madrid in November 1997.

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