Journal of Management Information and Decision Sciences (Print ISSN: 1524-7252; Online ISSN: 1532-5806)

Abstract

A Comparative Study of Legal Measures to Protect Local Wisdom under International Conventions

Author(s): Jintana Unhavaithaya

The protection of intellectual property rights in the country at present only covers copyrights, patents, trademarks. However, it does not cover the protection of the rights of local wisdom which is characterized as a body of knowledge of the local community which is unique and diverse, as well as the knowledge of the community that has been passed down or inherited from ancestors in the past that have been accumulated as long time. Therefore, the owner of the truly individual work cannot be found. Some bodies of knowledge can clearly analyze attributes that can provide protection. But some have elements that fall between properties that can protect both copyright and patent laws. Some can be protected by specific laws such as the Protection and Promotion of Traditional Thai Medical Knowledge Act 1999, Geographical Indication Protection Act 2003, or some things that can't apply any law to protect at all. Some are qualified to be classified as protected by law and can be developed into industrial products. Some things cannot be developed into industrial products. However, the body of knowledge that is indigenous knowledge has a common property that cannot be clearly identified as the ownership of the idea or body of knowledge. Therefore, the lack of source or owner of this knowledge of local wisdom is the main problem for protecting the rights of local wisdom.

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