13. Pacific Island Initiatives
Background
In the Pacific there are currently two mechanisms that seek to assist Pacific Island Countries and Territories to legally protect its traditional knowledge. Although at different stages of development, both initiatives have taken an essentially similar approach in that they have both developed model legislation to give effect to a sui generis national system.
The more advanced of the two is the Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture, which was developed by the South Pacific Community in conjunction with UNESCO.
The second concerns the protection of traditional knowledge and biodiversity titled "The Draft Regional Framework for the Protection of Traditional Ecological Knowledge". It is being developed by the Pacific Island Forum in conjunction with the South Pacific Regional Environmental Programme ("SPREP") .
Consideration of Traditional Knowledge
Draft Regional Model Law for the Protection of Traditional Ecological Knowledge
The Pacific Island Forum and the SPREP have been working on the draft Regional Model Law for the Protection of Traditional Ecological Knowledge (and guidelines) since 1999. This draft Regional Model Law concerns the protection of traditional knowledge regarding biological resources. Its purpose is to prevent the unauthorised use of traditional ecological knowledge, innovations and practices and to ensure the equitable sharing of benefits derived from the use of such knowledge, innovation and practices.
The draft Regional Model Law on Traditional Ecological Knowledge has yet to be endorsed regionally but a regional meeting is being planned for this purpose.
Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture
The Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture, developed by the Secretariat of the Pacific Community is the most advanced of the two initiatives. The Regional Framework provides a resource for Pacific Island countries wishing to enact legislation for the protection of traditional knowledge and expressions of culture by creating a new range of statutory rights for traditional owners of traditional knowledge and expressions of culture.
The approach taken in the Regional Framework is to create new rights in traditional knowledge and expressions of culture which previously might have been regarded, for the purposes of intellectual property law, as part of the public domain. Two types of rights are envisaged: traditional cultural rights and moral rights. The existence of these rights would not depend on registration or other formalities.
The Regional Framework is supportive of traditional based creativity and innovation, including commercialisation, subject to prior informed consent and benefit sharing. Any new rights created under the Regional Framework are designed to complement and not undermine existing intellectual property rights.
The Regional Framework for the Protection of Traditional Knowledge and Expressions of Culture is now ready for individual countries to adopt or adapt to suit their national circumstances. A number of Pacific Island Forum countries are preparing to implement this Regional Framework into their domestic law.
Future Work
The Forum Secretariat, in conjunction with the SPREP, will continue to develop the draft Regional Framework for the Protection of Traditional Ecological Knowledge.
New Zealand Position
New Zealand is a strong supporter of work to address Pacific Island countries' concerns about the protection of traditional knowledge. We have participated actively in this work through attendance at meetings and detailed examination of both Regional Frameworks in their developmental stages.
The Ministry of Economic Development would like to acknowledge the Pacific Islands Forum Secretariat website and the Secretariat of the Pacific Community website for the information used in preparing this fact sheet.
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