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English, Eds., Development, Trade and the WTO: a Hand- Book ow can we help poor people earn more from their knowledge rather than from their sweat and muscle alone? Poor People’s H Knowledge: Promoting Intellectual Property in Developing Countries demonstrates how poor people in poor countries can increase their earnings from their own innovation, knowledge, and Public Disclosure Authorized creative skills. Case studies look at the African music industry, traditional crafts and ways to prevent counterfeit crafts designs, the activities of fair trade organizations, bioprospecting and the commercialization of ethnobotanical knowledge, and the use of intellectual property laws and other tools to protect traditional knowledge. Culture and commerce more often complement than conflict in the cases reviewed here. The contributors’ motivation is sometimes to maintain the art and culture of poor people; they recognize, however, that except in a museum setting, no traditional skill can live on unless it has a viable market. Public Disclosure Authorized The World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) protects the knowledge that individuals and businesses in industrial countries own, poor people buy. This book looks at the other half of intellectual property, the knowledge that poor people in poor countries generate and have to sell to the rest of the world. Poor People’s Knowledge builds on legal, economic, and commercial analysis and should be of interest to student and scholars in these fields. More broadly, the book will interest anyone who wants to learn Public Disclosure Authorized how people in developing countries can incorporate their own intellectual property into their own development efforts and how they can find international markets for commercial applications of their cultural, intellectual, and traditional knowledge. ™xHSKIMBy354872zv,:&:%:):= ISBN 0-8213-5487-6 Public Disclosure Authorized Poor People’s Knowledge Promoting Intellectual Property in Developing Countries About the Cover In the main market in the capital city of Dakar, Senegal, a customer hands over money to a stall owner to purchase a music CD. In late 2001 the government of Senegal instituted a mandatory “banderole” system—shown as the square hologram sticker affixed on each CD or tape in the photo—to help combat illegal copying of music compositions. This system aims to ensure that artists receive their due income for their creations. Cover photo by Monique Thormann, August 2002. Background photo: Woman weaving, Bhutan. Curt Carnemark Poor People’s Knowledge Promoting Intellectual Property in Developing Countries Edited by J. Michael Finger and Philip Schuler A copublication of the World Bank and Oxford University Press © 2004 The International Bank for Reconstruction and Development / The World Bank 1818 H Street, NW Washington, DC 20433 All rights reserved. 1 2 3 4 06 05 04 A copublication of the World Bank and Oxford University Press. The findings, interpretations, and conclusions expressed here are those of the author(s) and do not necessarily reflect the views of the Board of Executive Directors of the World Bank or the governments they represent. The World Bank cannot guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply on the part of the World Bank any judgment of the legal status of any territory or the endorsement or accep- tance of such boundaries. Rights and Permissions The material in this work is copyrighted. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or inclusion in any information storage and retrieval system, without the prior written permission of the World Bank. The World Bank encourages dissemination of its work and will normally grant permission promptly. For permission to photocopy or reprint, please send a request with complete information to the Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, USA, telephone 978-750- 8400, fax 978-750-4470, www.copyright.com. All other queries on rights and licenses, including subsidiary rights, should be addressed to the Office of the Publisher, World Bank, 1818 H Street NW, Washington, DC 20433, fax 202-522-2422, e- mail [email protected]. Research for this book was funded by the Bank-Netherlands Partnership Program. ISBN 0-8213-5487-6 Library of Congress Cataloging-in-Publication Data Poor people’s knowledge : promoting intellectual property in developing countries / edited by J. Michael Finger, Philip Schuler p. cm.—(Trade and development series) Includes bibliographical references and index. ISBN 0-8213-5487-6 1. Intellectual property—Developing countries. 2. Intellectual property (International law). I. Finger, J. M. II. Schuler, Philip. III. Series. K1401.P66 2003 346'.12408—dc22 2003061376 Contents Contributors vii Acronyms and Abbreviations ix Introduction and Overview 1 J. Michael Finger 1 Kuyujani Originario: The Yekuana Road to the Overall Protection of Their Rights as a People 37 Nelly Arvelo-Jiménez 2 Handmade in India: Traditional Craft Skills in a Changing World 53 Maureen Liebl and Tirthankar Roy 3 Enhancing Intellectual Property Exports through Fair Trade 75 Ron Layton 4 The Africa Music Project 95 Frank J. Penna, Monique Thormann, and J. Michael Finger 5 Preventing Counterfeit Craft Designs 113 Betsy J. Fowler 6 Bioprospecting Agreements and Benefit Sharing with Local Communities 133 Kerry ten Kate and Sarah A. Laird 7 Biopiracy and Commercialization of Ethnobotanical Knowledge 159 Philip Schuler v vi Contents 8 Prevention of Misappropriation of Intangible Cultural Heritage through Intellectual Property Laws 183 Daniel Wüger 9 Making Intellectual Property Laws Work for Traditional Knowledge 207 Coenraad J. Visser Index 241 Contributors Nelly Arvelo-Jiménez, emeritus professor of anthropology at Instituto Vene- zolano de Investigaciones Cientificas, director of Asocación Otro Futuro J. Michael Finger, resident scholar, American Enterprise Institute Betsy J. Fowler, international development policy consultant Sarah A. Laird, Department of Anthropology, University College, London Ron Layton, president, LightYears IP,Washington, D.C. Maureen Liebl, museum and craft development consultant Frank J. Penna, managing director, The Policy Sciences Center Tirthankar Roy, professor, Gokhale Institute of Politics and Economics, Pune, India Philip Schuler, Development Research Group, World Bank Kerry ten Kate, director, Investor Responsibility, Insight Investment Monique Thormann, private consultant Coenraad J. Visser, professor of intellectual property law at the University of South Africa, Pretoria, and the head of that university’s Department of Mercantile Law and its Center for Business Law Daniel Wüger, Institute of International Economic Law, Georgetown University Law Center vii Acronyms and Abbreviations ACAA Asociación Cubana de Artesanos Artistas (artists’ association in Cuba) AIPO Australian Intellectual Property Organization ATO Alternative trading organization ATSIC Australian Institute of Aboriginal and Torres Strait Islander Commission BNPP Bank-Netherlands Partnership Program BSDA Bureau Senegalais du Droits d’Auteur (Senegal agency responsible for collecting royalties for artists) CAS Country Assistance Strategy CBD Convention on Biological Diversity CD Compact disc CIAC Council for Indigenous Arts and Culture (U.S.) CIAP Central Interregional de Artesanos del Peru CIAT International Center for Tropical Agriculture, Cali, Colombia CIEL Center for International Environmental Law CMW Composite minimum wage COICA Coordinadora de las Organizaciones Indígenas de la Cuenca Amazónica (Coordinating Body of Indigenous Organizations of the Amazon Basin) CONIVE Consejo Nacional Indio de Venezuela (national organization repre- senting indigenous villages and organizations of Venezuela) CSIR Council for Scientific and Industrial Research, South Africa or India EFTA European Fair Trade Association EPA Environmental Protection Agency (U.S.) EPO European Patent Office EU European Union FLO Fairtrade Labelling Organizations International ix x Acronyms and Abbreviations FOB Free on board GATT General Agreement on Tariffs and Trade GBS Global biocollecting society GDP Gross domestic product IACA Indian Arts and Crafts Association (U.S.) ICBG International Cooperative Biodiversity Group ICC Inuit Circumpolar Conference IDB International Development Bank IFOAM International Federation of Organic Agriculture Movements ILO International Labour Organization INAC Indian and Northern Affairs Canada INBio Instituto Nacional de Biodiversidad, Costa Rica IP Intellectual property IPR Intellectual property rights ISM&H Indian Systems of Medicine & Homeopathy IT International Treaty on Plant Genetic Resources for Food and Agriculture ITC International Trade Centre KIRTADS Kerala Institute for Research, Training and Development of Sched- uled Castes and Scheduled Tribes NGO Nongovernmental organization NIAAA National Indigenous Arts Advocacy Association, Australia NISCOM National Institute of Science Communication PSC Policy Sciences Center, Inc. PSD Private sector development SCP Standing Committee on the Law of Patents SEWA Self-Employed Women’s Association TBGRI Tropical Botanical Garden and Research Institute TKDL Traditional knowledge digital library TRIPS Trade-related aspects of intellectual property rights UNCTAD United Nations Conference on Trade and Development
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