Formulating an International Legal Protection for Genetic Resources, Traditional Knowledge and Folklore: Challenges for the Intellectual Property System

Authors

• Weerawit Weeraworawit, Ministry of Commerce of Thailand

Abstract

The article argues that the current international intellectual property system, established by agreements such as the Paris Convention, Berne Convention, and TRIPS, is inadequate to address the protection of genetic resources, traditional knowledge, and folklore. These emerging global issues require a new international legal framework that balances the rights of communities with the demands of innovation and trade. The article emphasizes the need for a comprehensive and equitable regime, possibly through a sui generis system or modifications to existing IP laws, to address challenges such as biopiracy, benefit sharing, and communal rights.

Disciplines

Intellectual Property Law | Law

Recommended Citation

Weerawit Weeraworawit, Formulating an International Legal Protection for Genetic Resources, Traditional Knowledge and Folklore: Challenges for the Intellectual Property System, 11 Cardozo J. Int'l & Comp. L. 769 (2003).
Available at: https://larc.cardozo.yu.edu/cjicl/vol11/iss2/19