1 Background on Persian Carpets and Traditional Knowledge
Original Persian Carpets (PCs) have been one of the foremost expressions of Iranian culture, sold and traded in the region and worldwide for centuries. Recent decades have witnessed increased copying of patterns and fabric abroad, sold at low prices and undercutting the reputation and quality of the long tradition of hand-made high quality and enduring PCs. The law has not been able to address these developments properly, neither domestically nor internationally. The present book seeks to explore potential approaches and answers, mainly in international law by investigating the options available under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement),1 incorporating the Paris Convention on the Protection of Industrial Property (Paris Convention).2 It primarily investigates the extent to which and traditional knowledge (TK) can be protected under law of trademarks and geographical indications (GIs). While this study does not extensively cover other forms of intellectual property rights (IPRs), it provides a concise evaluation of the strengths and limitations of copyright, unfair competition (UC), and trade secrets laws. These areas, however, are not the central focus of this research. It explore the potential of Article 10bis of the Paris Convention and its general clauses and obligations on UC law. To this effect, the study is able to refer to the work of Christian Riffel.3 He explored the potential of Article 10bis Paris Convention and found that it offers a basis for the protection of TK, but that additional regulatory efforts are required. The present work builds upon this effort and seeks to find new insights in examining the problem of protecting the sector of PCs as a particular expression of TK.
In doing so, the linkage between TK and PCs has to be clarified. TK is the information which has been developed over time by the people of a community, based on experience and adaptation to a local culture and environment.4 TK is now more fully and carefully defined, as the understanding or skill of indigenous peoples or local communities that relates to technologies and cultural expressions;5 and may use as a base for creativity and innovation.6 PCs are illuminating examples of TK based products. PCs precedent goes back 2500 years and have a rich tradition. Two main types of PCs are known Local Woven and Nomadic Woven Carpets. Nomadic Carpets use improvised geometric design which makes each of them unique. Nomadic carpets are using lambs’ wool and organic colour extracted from vegetable dyes. Local woven are made typically from silk and wool. The pre-determined designs usually floral patterns are used for local woven carpets. With combination of skill, the best materials and traditions PCs are the best made and the most famous woven carpets all over the world. Everything from the fibres to the dyes is made from genetic materials of the region from which they originate. The quality and global reputation of PCs are directly related to the strong knowledge of local communities of how to provide the best raw materials such as herbal colours from local races7 of plants and the proper wool from local animals. It also depends on to special skills of the weaver in the issues such as row-counting, type of knot and number of wefts.8 This kind of knowledge offers the local communities the potential to produce the high quality and resistant carpets which contrary to expectation will increase in value over time. In every and each part of Iran, PCs’ features such as designs, textures, colouring, and knots are distinctly attributed with certain characteristics of the geography. Therefore, as a general rule, PCs are called with the well-known names of their geographical places to give the customers a general view what they could expect from different carpets.
As another significant factor, Iran is a big country which occupies almost 1.65 million square kilometres.9 PCs are a common production in all different geographical places of Iran which includes the social, spiritual, cultural, ecological, economic, intellectual, scientific, technological and educational values of Iranian local communities. Iranians admire PCs as a cultural phenomenon and their ancestor’s legacy. PCs are the result of thousands of years’ civilization and one of the most important principal symbols of Iran’s culture and history. PCs play the role of cultural ambassador of Iran before other nations from the ancient time to the present. PCs have been used as a tool to safeguard Iranian culture and identity amid the invasion of the invaders through history. PCs connect local communities within the nation. PCs form a very important part of Iran folklore and its cultural civilization and represent local communities’ folklore and their cultural heritage. The position of PCs as a part of Iranian daily life and its importance to the Iranian culture and the nomadic, rural and urban subcultures are very well known. While PCs are tied with the history of the country; its roots go back through the deepest part of Iranian customs, beliefs and faiths. Iranians’ ancestors preserved PCs as their priceless treasure from the past to the present, and it has to be transferred to the future generations.
2 The Value of TK and PCs for Local Communities
TK is of great value for commercial exploitation in various fields such as industry, sciences, agriculture, literature and artistic works. It is widely recognized that there is a growing interest in the various values inherent to TK.10 There is a strong believe that the effective preservation, protection and exploitation of TK will depend upon a true understanding of these inherent values of TK, including its economic, social, cultural and environmental components, and how they relate to the protection of IPRs. The Contracting Parties of the Convention on Biological Diversity (CBD) requested World Intellectual Property Organization (WIPO) to consider the impact of IPRs on “the value of knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity.”11 And following this demand, during the negotiations within the framework of WIPO ‘Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore’ (IGC-GRTKF), negotiators emphasised the importance to recognize value of TK and to promote respect “for the dignity, cultural integrity and spiritual values of the TK.”12 In the same vein, contracting parties of the Swakopmund Protocol recognized “the intrinsic social, cultural, spiritual, economic, intellectual, scientific, ecological, agricultural, medical, technological, commercial and educational values” of TK.13
In accordance with the draft guidelines on the protection of the cultural heritage of indigenous peoples, ‘users of elements of indigenous peoples’ cultural heritage beyond its traditional context shall make every endeavour to identify the source and origin of the elements and seek to return them to the people concerned.14 Some scholars suggest respecting TK includes ‘valuing’ it. They demand “indigenous peoples’ customs, rules and practices, should not only be recognized and respected, but also valued.”15 As one of the important criteria, protection of cultural heritage shall not only underline indigenous peoples’ intrinsic values;16 It should also include the objective of protection responding to these values.17 Any legal protection mechanism must consider distinct traits of TK and its values.18
But, before considering whether such recognition can have any real impact on the protection of PCs, it is important to discuss what exactly the term ‘value’ means. “The significance, desirability, or utility of something”19 or its “worth in usefulness or importance to the possessor”20 is known as value of the thing. Value is also defined as “the contribution of an action or object to user-specified goals, objectives or conditions.”21 In like manner, value is called “the process of expressing a value for a particular good or service, usually in terms of something that can be counted, often money, but also through methods and measures from other disciplines (sociology, ecology, etc.)”22
In accordance with these concepts, undoubtedly, TK is one of the most valuable assets for communities which are in the possession of TK. It has always been playing a critical role as a vital resource to develop lives of indigenous peoples and local farming communities. This essential role is recognized widely in different area of human life. To recognize the significance, desirability, utility and contribution of the PCs in Iranian life and civilization it will worth to review PCs different aspects of value.
2.1 TK, Economy and International Trade
TK is a valuable property for ‘Traditional Knowledge Holders’ (TKHs)23 which is in its all forms a significant source for economic and commercial boost. Traditional and rural based industries such as handicraft play an important role in the economic self-reliance and development of TKHs and this important factor shall be recognized by the concerned governments.24 PCs is an essential economic source of millions of peoples in different ethnic groups of Iran. It is a main foundation for business and trade in raw materials, final products and related services. This business includes the supply and demand for TK based carpet products both in domestic and international markets.
Conserving markets and expansion of marketing opportunities for the TKHs’ genuine products and industries constitute the commercial actual values of TK. Moreover, utilization of TK aiming to produce a final product is another commercial value. Also “enhancing market access for environmentally preferable products could be linked to the promotion of protection of TK by granting facilitated market access for such products.”25 Crafts are TK based products and important for cultural preservation, and economic growth. In 2004, according to Flower “Artisan handicrafts represent an estimated US$30 billion world market.”26 PCs are outstanding examples of commercial advantages of TK. This local traditional industry plays a key and vital role in economy of local communities and the country in general. As TK based products and after oil, PCs are the second largest and most important export production of Iran. PCs are exported to more than 103 countries, the most important being the USA, Switzerland and EU countries.27 In 1996 about 7 million square meters PCs with the value of 1.257.142.857 $ were produced in Iran, and the export incomes of it reached to 642.449.578 $.28
Based on the first and second ‘Iran Five Years Economic, Social and Cultural Development Program Acts,’ it was predicted that the amount of foreign income from exported PCs should reach to 4.4 and 7.5 billion dollars orderly at the end of those development programs. Those figures were 24.7% and 27.2% of total exports income. However, in practice they touched 38% and 22.5% of total export revenue.29
2.2 TK and Employment
Any type of TK product or service has an inherent value dedicated to its nature. This value generally is commercialized by market forces and impact on income distribution in each community. In this regard, PCs include a lot of job opportunities such as knitter/weaver, and establishment of the individual guilds30 and unit guilds.31 This industry plays an important role in the daily life of many Iranians. Almost 7% of the population is engaged in this sector.32 Accounting for linked industries, around 8 million individuals, equivalent to 13.3% of total population of the country were engaged in this art/industry.33
2.3 TK and Sustainable Development
TK has the potential to boost community based economic development and is acknowledged as a key tool for achieving human development too.34 TK has the possibility to fulfill human needs35 and sustain the livelihoods of families and individuals and their identities.36 There are many ingredients included in the term ‘development’ but “the most critical ones are to lead a long and healthy life, to be educated and to enjoy a decent standard of living.”37 Following this view, TK has not only a close relation and critical contribution in communities’ development; but also in the first place as a type of local science it is a tool for development. Moreover, TK and its different facets make an important contribution to sustainability, defined as a careful balance of social, economic and environmental values and concerns.38 Because of such critical contribution, TK plays a distinctly important role in achieving the Sustainable Development Goals39 (SDGs). Dhir points out TK is essential to achieving multiple goals especially through:
Ensuring the sustainable management and use of natural resources such as forests or marine resources
Enhancing sustainable agricultural practices and food security
Achieving effective climate change mitigation and adaptation to build resilient communities
Enhancing sustainable forms of livelihood, creating green jobs and spurring climate-sensitive innovation, entrepreneurship and businesses
Achieving gender equality and the greater participation of women, including in decision-making and natural resource management
Raising productivity and economic growth while taking into account environmental considerations
Securing the peaceful and stable societies necessary for inclusive social and economic development
Establishing strong monitoring and accountability mechanisms so as to ensure that no one is left behind
Enhancing knowledge-sharing and collaboration to implement and achieve the ambitious 2030 Agenda for Sustainable Development.40
Overall, TK bears to potential, if properly managed and protected, to make an important contribution in realising the principle of sustainable development.
2.4 TK, Social and Gender Value
If something has significance, desirability, or utility to the general public it would be considered as of social value to the public.41 Satisfaction of life, religious and spiritual beliefs, attitudes towards current affairs, views on environment, gender equality and children upbringing have been seen as a core part of this type of values.42 They maintain certain qualities that are shared within a particular group of people and shape their approaches towards culture, economy and politics. Rural and nomadic women have a vital role in preserving the community social values as they are the most important part of the producing chain of PCs. So, if this industry fails on any reason, this will decrease their participation in social activities of traditional communities.
2.5 TK, Cultural Value and Diversity
TKHs have been educated and trained within a social process. The process is shaped by exclusive beliefs and cultural values which are in close connection with their natural world. They believe this process maintains their knowledge system and give their TK a distinction character.43 Therefore, TKHs’ contribution to the cultural diversity of humankind is a distinctive character of TK.44 Culture includes arts and letters and also traditions and beliefs. It is a complex of spiritual, material, intellectual and emotional features.45 The cultural values of TK are very significant, because these processes will help TKHs to endure their knowledge systems.46
Having considered the importance of TK, it is also reasonable for TKHs to look for protection of TK as a way to avoid the persons outside their communities from access and usage of TK. This is particularly important when TKHs engage with industrial processes other than neighbouring communities in cultural exchange. Cultural values of a community must be respected.47 Therefore, governments are required to provide effective mechanisms for prevention of actions which would eventuate in depriving indigenous peoples from their cultural values.48 Traditional communities’ industries such as handicrafts shall be recognized as an important component for continuation of the TKHs cultural values.49 In Iran, designating June 10th as National Handwoven Carpet Day symbolizes a commitment to the cultural continuation of PCs, reflecting their significant cultural importance. This initiative underscores the foundational principles of the Iran National Council for Public Culture, emphasizing the pivotal role that PCs play in shaping the cultural identity of Iranians on a national scale.50
2.6 TK and Ecological Values
TK has a key role in the preservation and protection of biological diversity51 and thus, there is a long-term interest in preservation and protection of TK in developing and least developed countries. Therefore, recognizing and rewarding the contributions made by TKHs to the conservation of the environment need to be kept in mind.52 Environment and TK as tangible and intangible components of human’s life cannot be detached from each other and need to co-exist together. TKHs and the environment are inseparable in nature. Therefore, “the importance of the TK for the conservation of biological diversity and the sustainable use of its components, and for the sustainable livelihoods of these communities,”53 has been recognized. Besides, TK plays a key role in the preservation and protection of biological diversity.54 This function is realized by means of crucial environmental management by TKHs55 and their know-how to use and maintain ecological agents and their ecosystems. In fact, TK is valuable knowledge in the process of exploitation of biological diversity in coexistence with the eco-system. Access to natural resources, cultivar selection, pest infestations, and nutritional status can all be addressed with TK. Even when the nature and body of TK does not match the end products, TK as an indicator often leads to the potential use of the Genetic Resources (GRs) and producing final products. By the knowledge of identifying GRs and their potential uses, TK adds value and efficiency to the biodiversity properties.56 Any decision of governments on development activities and implementation shall be taken to protect the environment of the territories they inhabit.57
2.7 TK’s Role in Decreasing the Pollution of Ecosystems
The industrial revolution in different sectors is characterized by recourse to new and efficient technologies which, at the same time, in increasing dependence often have produced uncontrollable ecological damage. The utilitarian approach of multinational corporations and modern industries are essentially focused on profits and financial returns, financial interests and such an attitude often went along with irresponsible exploitation of the ecosystem. Chemical and industrial pollutions and climate change are clear examples of demolition of this process. On the other hand, TKHs who are directly in connect with their ecosystems are learnt to use and exploit the resources in a way to control the ecological consequences of exploitation make the least pollution to the ecosystem.
2.8 TK and Agriculture
The agricultural sector is an outcome of a tight relation with farmers and their ecosystem. “Clearly, there is a very close relationship between biodiversity and the livelihoods and well-being of agricultural communities.”58 Traditional farmers hold in trust very precious and rich traditional information and knowledge of the environment in the places they live in and use this knowledge to cultivate the best agricultural products compatible with the specific environmental features. They also use this knowledge to produce the best seasonal products. They have a proper understanding of the limitations of their ecosystem. They practice their rich experiences to reduce the biological costs of their activities. Local agricultural systems are mostly reliable and less risky compared with the imported exotic styles, as their methods have been originated and promoted based on the ‘trial and error procedure’ and ‘environmental and cultural evolution’ across the decades and centuries of practical life.
2.9 Scientific and Technological Values
TK has equal scientific value as other knowledge systems.59 It has been playing a critical role not only next to local communities and indigenous people, but also for the modernized societies and to international co-operation and co-understanding.60 The advent of the knowledge-based economy within a globalized information society has recited all forms of humankind innovation and creativities including TK even more valuable.61 TK is not only a type of local technology but also an aspiration of modern technology. In 2011, a team of Japanese researchers visited the Chaharmahal and Bakhtiari region in Iran, known for its distinguished PCs production. They engaged in local carpet dyeing workshops, conducted comprehensive studies on the unique carpet dyes and traditional dyeing techniques, and collected relevant data directly from the source. This research visit took place shortly after the Chaharmahal and Bakhtiari Handmade Carpet was honoured with the World Colour Originality Award at Germany’s Domotex exhibition.62
In the age of modern knowledge and technology, TK has been reconsidered as an important tool to meet communities’ economic and social challenges and “to promote global economic development.”63 TK is a base for biotechnology64 and biotechnological inventions.65 “In the broad sense the definition of biotechnology covers many of the tools and techniques that are commonplace in agriculture and food production.”66
3 Description of the Problem
The industrial revolution was a big step forward to modernization and improvement of human life. Yet, at the same time, it not only unsettled the social order and cultural context of traditional communities, but also it increased poverty and their decline and erosion among them. In this process, traditional communities did not completely leave their identities behind and have always been endeavouring to preserve and guard their cultures and customs. Across thousands of years towards today, they created, promoted, preserved and transferred this knowledge among generations and have been trying to keep this knowledge alive and constant alongside with its due biodiversity. TK is the raw material for creativity and innovation. Therefore, it plays a vital role in modern societies for producing and distributing wealth and extracting benefits from using biodiversity, and as well as in using different forms of IPRs for protection their modern knowledge.
Importantly, this development caused an imbalance between accessible protection for modern knowledge while TK by and large remained without appropriate protection. Remuneration went to holder of IP based upon innovation while does contributing TK to this process end up empty-handed. What part of this wealth should be paid back to the TKHs? And how this should be done? To make it possible to distribute the wealth originated from using TK through a fair mechanism, there is a need to build a rebalanced system of IPRs which can support, enhance and recuperate the TKHs’ rights. Moreover the lack of recognition of traditional territories, resources and customary authorities; markets pressure, extension of government control; unjust land policies; cultural modification policies and inappropriate conservation management are the main threats to the cultural diversity. Besides, the problem is being intensified even more with globalization.67
TK in the process of industrialization is already being lost at huge rates, even greater than the disappearance of languages. Although immense knowledge of TKHs has been acquiring through their constant interaction with the natural environment, still their TK is disappearing rapidly. It has been estimated that 80% of all cultural diversity will have disappeared in 100 years’ time.68 There are different reasons for such a lost, among them, the loss of biodiversity and the steady crawl of world to become more uniform culturally, socially and economically.
Recourse of so-called western industries to use TK as raw materials to develop and exploit products and marketing them which has been begun in 19th century is taking place today even in larger scale, considering the fact that nowadays markets are growing to the global scales.69 In products like PCs, local communities as TKHs today are faced with the appearance of competitors from other countries who are exporting their products in ways that seem to be unfair to the TKHs. These competitors are producing their carpets using of knowledge, methods, designs, and motifs of PCs and marketing them in the name and with misappropriation of PCs reputation. In fact, they mislead the consumers into believing that their products have been made with the same knowledge and quality as PCs have. As a result, the TKHs on PCs are facing challenges such as decreasing exports, jobs cut and immigration of community members to big cities, loss of knowledge and disappearance of cultural and spiritual ritual. Therefore, local communities are asking for legal protection for their TK on PCs to prevent competitors from use the PCs designs, motifs and reputation in unfair ways and without their prior consent.
4 Methodology
This study will scrutinize the texts of the international treaties together with their interpretations and cases, and the domestic laws and judicial precedents in the EU Region, the USA and Switzerland, as the main markets for PCs. As a first step, this study will review the state of the art, definitions, descriptions, classifications, technical and artistic characteristics, and also human, natural and geographical specialties in PCs production; to assess the possibility of comparison of the above-mentioned elements with protection mechanisms under legal regimes of Trademarks and GIs. It will investigate trademark provisions under the Paris Convention and the TRIPS Agreement, whereas the use of similar signs for similar goods by competitors may lead to confusion of consumers as to the designation of origin and quality of PCs. Especially, the specific roles of collective marks and certification marks on protection of PCs in the aimed markets legal system will be considered. It will study GIs mechanisms such as indications of source which is used in Articles 1(2) and 10 of the Paris Convention and in the text of Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891); and appellations of origin that is used in Article 1(2) of the Paris Convention and Article 2 of Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (1958) and Articles 22 to 24 TRIPS Agreement relating to the protection of GIs to discover whether GIs may prohibit any designation or presentation that is false or misleading as to the true place of origin of the PCs. It will continue by examining Traditional Intellectual Property Rights (TIP-rights) to protect TK on PCs, based on the IP protection and normative standards and principles such as prior informed consent (PIC) which are recognized by international community.
To do such I will try to clarify seven main questions:
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Concept of protection with respect to PCs as TK manifestation,
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Protection mechanisms under existing IPRs,
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The rights claimed for protection,
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Challenges for protection under existing IPRs,
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Beneficiaries of protection,
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Protection period.
The research output will include practical recommendations on how to offer a better solution to the problem of protection of TK on PCs at the national and international levels. It is expected to be used as a model for protection of other types of TK and to help national policy-makers to promote the legal mechanisms on issues related to UC regulations to cover the TK misappropriation cases. The other important outlets for disseminating the project’s results will be international negotiations, such as WIPO, WTO and CBD. And as most important audience of this study what countries like Iran shall take as effective and appropriate measures in different area of legislative, administrative or policy measures in order to make proper preservation and utilization of TK.
Agreement on Trade-Related Aspects of Intellectual Property Rights 1994 (1869 UNTS 299 (entered into force 1 January 1995)).
Paris Convention for the Protection of Industrial Property, as last revised at Stockholm 1967 (828 UNTS 305 (entered into force 26 April 1970)).
Christian Riffel, Protection Against Unfair Competition in the WTO TRIPS Agreement; the Scope and Prospects of Article 10bis of the Paris Convention for the Protection of Industrial Property (BRILL | NIJHOFF 2016) Pages 134–249.
Stephen A Hansen and Justin W van Fleet, ‘Traditional Knowledge and Intellectual Property: A Handbook on Issues and Options for Traditional Knowledge Holders in Protecting Their Intellectual Property and Maintaining Biological Diversity’ (American Association for the Advancement of Science 2003) Page 3.
Stephen R Munzer and Kal Raustiala, ‘The Uneasy Case for Intellectual Property Rights in Traditional Knowledge’ (2009) 27 Cardozo Arts & Entertainment Law Journal 37, Page 38.
Carlos M Correa, Traditional Knowledge and Intellectual Property – Issues and Options Surrounding the Protection of Traditional Knowledge (The Quaker United Nations Office 2001) Page 3.
The knowledge on colours is very special as the term “Abrash” is used to describe it. The concept of Abrash is changes on the natural and variable of colours of the rugs and carpets over the times when different dyes are using. For more information see: Houghton Mifflin Company, ‘The American Heritage Dictionary.’
Javad Yasavoli,
Glenn E Curtis and Eric Hooglund, Iran: A Country Study (5th edn, Government Printing Office 2008) xxv.
See delegation of Japan on behalf of Group B: WIPO Secretariat, ‘Report’ (World Intellectual Property Organization 2000) WIPO Doc WO/GA/26/10 Page 10.
UNEP-CBD, ‘Decisions Adopted by the Conference of the Parties to the Convention on Biological Diversity at Its Fifth Meeting’ (2000) UNEP Doc UNEP/CBD/COP/5/23 Annex III para 15(e), Page 199.
IGC-GRTKF Secretariat, ‘The Protection of Traditional Knowledge: Draft Articles Rev. 2’ (World Intellectual Property Organization 2014) WIPO Doc WIPO/GRTKF/IC/28/5 Annex 2.
Swakopmund Protocol on the Protection of Traditional Knowledge and Expressions of Folklore 2010 (entered into force 11 May 2015) Paragraph 4 of Preamble.
Yozo Yokota, ‘Standard-Setting: Future Priorities for Standard-Setting Activities; Draft Guidelines on the Protection of the Cultural Heritage of Indigenous Peoples’ (UN Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, Working Group on Indigenous Populations 2006) UN ESC, 24th sess, Item 5(a), UN Doc E/CN.4/Sub.2/AC.4/2006/5 8, Section III, paragraph C(10).
Erica-Irene Daes, ‘Principles and Guidelines for the Protection of the Heritage of Indigenous People’ (UN Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights 2000) UN ESC Doc E/CN.4/Sub.2/2000/26 Page 6.
Yozo Yokota (n 14) Page 5, Section II, Paragraph (f).
ibid Page 4, Section I, Paragraph (n).
Swakopmund Protocol Preamble.
Bryan A Garner, ‘Black’s Law Dictionary’ Page 1690.
Houghton Mifflin Company (n 7).
Secretariat of the Convention on Biological Diversity, Global Mechanism of the United Nations Convention to Combat Desertification, and OSLO consortium, ‘Valuing the Biodiversity of Dry and Sub-Humid Lands’ (Secretariat of the Convention on Biological Diversity 2013) Peer reviewed 71 Page 11.
ibid.
For the purposes of this research the term ‘Traditional Knowledge Holders’ (TKHs) will be used as a general term to refer the various traditional knowledge holders (indigenous people, local communities, rural and nomadic people, etc.). Detailed explanations will be given in the first chapter of this research under the discussion “who are beneficiaries?.”
Convention Concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169) 1989 (1650 UNTS 383 (entered into force 5 September 1991)) Art 23(1).
Thomas Cottier, ‘WTO Negotiations on Environmental Goods and Services: A Potential Contribution to the Millennium Development Goals’ (United Nations 2009) UNCTAD/DITC/TED/2008/4 Page 27.
Betsy J Fowler, ‘Preventing Counterfeit Craft Designs’ in J Michael Finger and Philip Schuler (eds), Poor People’s Knowledge, Promoting Intellectual Property in Developing Countries (The World Bank and Oxford University Press 2004) Page 114.
SH Khodadad Hosseini and MA Sham Abadi, ‘Export Marketing of Persian Hand-Woven Carpet, Analysing Impact Factors and Damages’ (2007) 43 Iranian Journal of Trade Studies 1, Paragraph 3.
Shahbaz Shams’Oldini, ‘Iran Place in Hand-woven Carpets Global Exports’ in Iran National Carpet Centre (ed), 1st National Seminar on Researches of Persian Hand-Woven Carpets, vol 2 (Iran National Carpet Centre 2003) Page 344.
ibid.
Iran – Act on Country’s Guild System 2004 Art 2.
ibid Art 3.
Khodadad Hosseini and Sham Abadi (n 27) Paragraph 3.
Shams’Oldini (n 28) Page 344.
UNDP defines human development as “a process of enlarging people’s choices.” See: UNDP, Human Development Report 1990 (Oxford University Press 1990) Page 10.
Martin Khor, Intellectual Property, Biodiversity and Sustainable Development: Resolving Difficult Issues (Zed Books; Third World Network 2002) Page 16.
IGC-GRTKF Secretariat, ‘Revised Provisions for the Protection of Traditional Knowledge: Policy Objectives and Core Principles’ (World Intellectual Property Organization 2011) WIPO Doc WIPO/GRTKF/IC/18/5 Annex Page 3.
UNDP (n 34) Page 10.
See: Simone Heri and others, International Instruments Influencing the Rights of People Facing Investments in Agricultural Land (ILC 2011) Pages 97–100.
The SDGs were adopted on 25 September 2015 by the world leaders. As the agenda for sustainable development, the SDGs include 17 sustainable development goals and 169 targets that cover actions over the years by 2030 in areas of critical importance for humanity and the planet. See: ‘Transforming Our World: The 2030 Agenda for Sustainable Development’ (2015) GA Res 70/1, UN GAOR, 70th sess, 4th plen mtg, UN Doc A/RES/70/1.
Rishabh Kumar Dhir, ‘Sustainable Development Goals: Indigenous Peoples in Focus’ (ILO 2016) Page 10.
Garner (n 19) Page 1690.
See: Science Policy Research Group, ‘Social Values, Science and Technology’ (European Commission 2005) EUR Series 22062 EN.
UNEP-CBD Executive Secretary, ‘Development of Elements of Sui Generis Systems for the Protection of Traditional Knowledge, Innovations and Practices’ (UNEP 2005) CBD WG8J, 4th mtg, Agenda Item 8, UNEP Doc, UNEP/CBD/WG8J/4/INF/18 Page 3.
Indigenous and Tribal Peoples Convention Paragraph 7 of Preamble.
UNESCO, ‘World Conference on Cultural Policies Final Report’ (1982) UNESCO Doc CLT/MD/1 Page 41.
UNEP-CBD Executive Secretary (n 43) Page 3.
Swakopmund Protocol Section 19(2).
‘United Nations Declaration on the Rights of Indigenous Peoples’ (2007) GA Res 61/295, UN GAOR, 61st sess, 107th plen mtg, Supp No 49, UN Doc A/RES/61/295 Art 8(2)(1).
Indigenous and Tribal Peoples Convention Art 23(1).
Iran – Designating June 10th as the National Day of Hand-Woven Carpets 2021 (Resolution 753).
“Biological diversity means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.” See: Convention on Biological Diversity 1992 (1760 UNTS 79 (entered into force 29 December 1993)) Art 2.
Swakopmund Protocol Paragraph 6 of Preamble.
Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from Their Utilization to the Convention on Biological Diversity 2010 (3010 UNTS 118 (entered into force 12 October 2014)) Paragraph 21 of Preamble.
See: CBD Art 2.
See: Susette Biber-Klemm and Danuta Szymura Berglas, ‘Problems and Goals’ in Susette Biber-Klemm and Thomas Cottier (eds), Rights to Plant Genetic Resources and Traditional Knowledge: Basic Issues and Perspectives (CABI 2006) Page 3.
UNEP-CBD, ‘Report of the Meeting of the Group of Technical and Legal Experts on Traditional Knowledge Associated with Genetic Resources in the Context of the International Regime on Access and Benefit-Sharing’ (2009) CBD AHWG, 8th mtg, Agenda Item 32, UNEP Doc UNEP/CBD/WG-ABS/8/2 Annex Page 8, Paragraph 13.
Indigenous and Tribal Peoples Convention Art 7(4).
Stewart Lockie and David Carpenter, ‘Agriculture, Biodiversity and Markets’ in Stewart Lockie and David Carpenter (eds), Agriculture, Biodiversity and Markets: Livelihoods and Agroecology in Comparative Perspective (Earthscan 2010) Page 1.
IGC-GRTKF Secretariat, ‘The Protection of Traditional Knowledge: Draft Articles Rev. 2’ (n 12) Page 2.
Indigenous and Tribal Peoples Convention Paragraph 7 of Preamble.
IGC-GRTKF Secretariat, ‘Report of Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore’ (World Intellectual Property Organization 2001) WIPO Doc WIPO/GRTKF/IC/1/13 Paragraph 6.
IRNA News Agency, ‘Japanese researchers document the tradition of dyeing Chaharmahal and Bakhtiari hand-woven carpets’ (Database of the Iran National Carpet Centre, 28 May 2011) <https://www.irna.ir/news/4044758/پژوهشگران-ژاپنی-سنت-رنگرزی-فرش-چهارمحال-وبختیاری-رامستندسازی>.
Charles R McManis, ‘Biodiversity, Biotechnology and Traditional Knowledge Protection: Law, Science and Practice’ in Charles R McManis (ed), Biodiversity and the Law: Intellectual Property, Biotechnology and Traditional Knowledge (Earthscan 2007) Page 1.
Biotechnology means “any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.” See: CBD Art 2; and Nagoya Protocol Art 2.
“Biotechnological invention concerns a product consisting of or containing biological material or a process by means of which biological material is produced, processed or used” See: Directive 98/44/EC of the European Parliament and of the Council of 6 July 1998 on the Legal Protection of Biotechnological Inventions 1998 (OJ L 213/13) Art 3(1).
FAO, ‘FAO Statement on Biotechnology’ (Agricultural Biotechnologies in Crops, Forestry, Livestock, Fisheries and Agro-Industry, 2000) <http://www.fao.org/biotech/fao-statement-on-biotechnology/en/> accessed 13 August 2014.
See: Darrell A Posey, Indigenous Peoples and Sustainability: Cases and Actions (International Books 1997). Pages 59–74.
IGC-GRTKF Secretariat, ‘Report of Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore’ (World Intellectual Property Organization 2004) WIPO Doc WIPO/GRTKF/IC/6/14 7.
Silke Von Lewinski, ‘Introduction’ in Silke von Lewinski (ed), Indigenous Heritage and Intellectual Property: Genetic Resources, Traditional Knowledge, and Folklore (2nd edn, Kluwer Law International 2008) Page 2.