Applications of traditional knowledge are crucial in certain fields---sui generis ensures communities that currently own TK retain control

As we all know, with various examples from the world over, the appropriation and use of traditional knowledge especially as it relates to genetic resources has caused problems especially when intellectual property rights are acquired based on the traditional knowledge. Well-known examples are the Neem, Tumeric, Hoodia, Maca among others. The knowledge from the indigenous and local communities was crucial in subsequent use of these plants in the pharmaceutical field and it is important to acknowledge the same. The panellist in round table 2 also gave examples from their different countries in relation to food, agriculture, and architecture. The existing intellectual property regime may not be the appropriate mechanism for protection but a sui generis system of protection should work for traditional knowledge. The protection sought may be defensive which aims at stopping third parties from acquiring intellectual property rights over traditional knowledge. This may be through a database such as the TKDL in India. Defensive strategies might also be used to protect sacred cultural manifestations, such as sacred symbols or words from being registered as trademarks. Positive protection seeks to grant rights that empower communities to promote their traditional knowledge, control its uses and benefit from its commercial exploitation. Several national laws have adopted this approach but are limited to the country in which the law is passed thus the need for an international instrument.