Mrs. Dinara Omorbekova, Head of Traditional Knowledge Examination Sector of the State Intellectual Property Service of the Kyrgyz Republic answered to questions concerned protection of Traditional Knowledge. .

What does Traditional Knowledge mean?

The kinds of Knowledge, which transfer from generation to generation, should be considered as traditional, inherent to concrete nation or territory and which develop uninterruptedly according to environment changing.

The subject matters, registered as Traditional Knowledge, may be particularly the following: possession of some information, holding some practical skills, abilities, proven by practice, system of information about laws of nature, society, thinking development etc.;

methods of some practical succeeding, methods of acting, methods to act or operate anywise, procedures, approaches using for concrete tasks resolving etc.;

processes of actions execution, manner, procedures, methods for realizing, succeeding something, means for conditions realization of something.

What for Traditional Knowledge protection is necessary?

In increasing frequency Traditional Knowledge and concerned Genetic Resources become objects of scientific and commercial interests and wide circles are interested to receive access to them. Commercial profit resulting from Traditional Knowledge and Genetic Resources using is evident; for example at present time a market price of pharmaceutical preparations, produced on the base of folk medicine, by specialists’ calculation amounts billions dollars.

Traditional Knowledge (TK) protection means firstly their preservation for future generations; such TK emphasizes originality of a nation, connecting with sustainable usage of biodiversity and genetic resources of this nation habitat; secondly Traditional Knowledge owners should receive a fair rewards from their knowledge use by third parties. According to world practice there are two main lines in the field of Traditional Knowledge protection: amendments and additions inserting into existing normative acts and special laws adoption (sui generis).

In what manner are Traditional Knowledge protected in Kyrgyzstan?

In 2007 the special Law on Traditional Knowledge protection was approved in Kyrgyzstan along with 25 countries, including Brasilia, India, Peru, Philippine and others. For the present time only Kyrgyzstan approved the special Law on Traditional Knowledge protection in the former Soviet Union countries.

As Traditional Knowledge relate to collective property and cultural heritage of indigenous and local communities, it is supposed that property rights for Traditional Knowledge should be assigned to communities not to natural persons; however natural persons or concrete families are often “keepers” of knowledge on behalf of community.

One of the methods for providing of Traditional Knowledge effective protection (so-called sui generis system) is the documentation, a register and data base formation.

Registers and data bases would assist to recognition of prior technical level in the process of patent applications consideration and thereby to prevent illegal usurpation. However, it is important to note that including to the register or data base of secret Traditional Knowledge may facilitate the illegal usurpations at absence of adequate measures for protection. Thus it is necessary to provide confidentiality of registration system.

If somebody registers a subject matter of Traditional Knowledge in Kyrgyzpatent, does it mean that he/she is a sole user?

As is well known, owners’ right of possession, using and disposal of their property, cannot be realized in the full extent regarding Traditional Knowledge.
Thus Traditional Knowledge and Genetic Resources are not objects of property, like the acting intellectual property rights, but a deposit. Some knowledge may be used only by selected individuals, or they are limited by special area and other knowledge may be more opened and located in more broaden joint use.

Possessing of knowledge does not mean that they are private, free alienable property. Knowledge holding is more connected not with rights but with conceptions of responsibility, respect and liabilities.