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{ Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

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Page 1: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

{

The Past, Present and Future of Traditional Knowledge

Shubha GhoshVilas Research Fellow & Professor of LawUniversity of Wisconsin Law School

Page 2: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

2Ghosh--Past, Present, Future of TK

Varieties of TKOctober 24, 2011

Page 3: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

3Ghosh--Past, Present, Future of TK

Commons

Distributive and Intergenerational Justice

Legal meets the Social

IssuesOctober 24, 2011

Page 4: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

4Ghosh--Past, Present, Future of TK

Economic

Political

Limited common property (LCP)

CommonsOctober 24, 2011

Page 5: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

5Ghosh--Past, Present, Future of TK

Representation

Governance

Commodification

The devilish detailsOctober 24, 2011

Page 6: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

6Ghosh--Past, Present, Future of TK

Commons of liberty

Commons of equality

Commons of justice

After the commonsOctober 24, 2011

Page 7: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

7Ghosh--Past, Present, Future of TK

Expertise

Civic Participation

Market Failure

Management

Justice informs the commons

October 24, 2011

Page 8: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

8Ghosh--Past, Present, Future of TK

Dividing the spoils?

Benefit sharing

Social investment

Distributive JusticeOctober 24, 2011

Page 9: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

9Ghosh--Past, Present, Future of TK

Overlap with intellectual property Multiple public domains Institutions for preserving and

transmitting knowledge Tacit and codified knowledge

Bridging past, present, and future

Identifying constituencies

Intergenerational Justice

October 24, 2011

Page 10: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

10Ghosh--Past, Present, Future of TK

Beyond authors and inventors

Users

Preservers

ConstituenciesOctober 24, 2011

Page 11: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

11Ghosh--Past, Present, Future of TK

Cottier and traditional IP rights Reichman and compensatory licensing

regime Unfair competition NGO

National Botanical Research Institute Society for Research and Initiatives for

Sustainable Technologies and Institutions Grassroots Innovation Augmentation

Network Honeybee Network

ModelsOctober 24, 2011

Page 12: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

12Ghosh--Past, Present, Future of TK

No one sui generis regime

Medicine, folklore, performance

Formal or informal enforcement?

Governance and rule making?

ImplementationOctober 24, 2011

Page 13: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

13Ghosh--Past, Present, Future of TK

Legal meets the social

Modes of knowledge formation (Haverkort & Reijntjes)

Clash Underground Parallel Selective inclusion Paternalism Romanticism Co-evolution

ChallengesOctober 24, 2011

Page 14: { The Past, Present and Future of Traditional Knowledge Shubha Ghosh Vilas Research Fellow & Professor of Law University of Wisconsin Law School

14Ghosh--Past, Present, Future of TK

Where the mind is without fear and the head is held high Where knowledge is free Where the world has not been broken up into fragments By narrow domestic walls Where words come out from the depth of truth Where tireless striving stretches its arms towards perfection Where the clear stream of reason has not lost its way Into the dreary desert sand of dead habit Where the mind is led forward by thee Into ever-widening thought and action Into that heaven of freedom, my Father, let my country awake

--Rabindranath Tagore

October 24, 2011