Protecting traditional knowledge - does secrecy offer a solution?
Abstract
The shortcomings of using the intellectual property system to safeguard the interests
of traditional knowledge holders have received considerable attention. Laws that
guard against the disclosure of secret traditional knowledge to non-community
members may offer a low-cost and accessible way for traditional communities to
prevent the misappropriation of their traditional knowledge. This paper reviews the
concerns that may arise when holders of traditional knowledge attempt to rely on
claiming unfair competition and contract laws to protect their traditional knowledge.