Traditional knowledge and traditional cultural expressions protections

Abstract

This paper is located within global debates about intellectual property. International agencies, mindful that third world/developing world resources are being appropriated by global corporate bodies, seek to intervene to protect countries that are unable to fend off the often subtle alienation of their national and natural assets. In this context, the cultural and intellectual resources of countries, peoples, communities and other collectives have become the subject of policy regulation. This paper focuses on policies developed by the World Intellectual Property Organisation (WIPO). WIPO attempts to protect Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs) (folklore) against misappropriation and misuse. In this paper, the question asked is whether it is possible or desirable to protect all types of TK and TCEs that are constituent elements of indigenous knowledge and uses the case of Cameroon to provide examples to assist with answering these questions. It is argued that in some cases, it may be both possible and desirable, but that in other cases, there are constraints, as knowledge is secret or sacred. When such knowledge is not in the public domain it cannot be protected. Seeking to protect these types of expression and knowledge might, indeed, endanger them by removing them from the very context which provides their status as indigenous knowledge.