Traditional Knowledge Laws Analyzed

Harvard Law School LL.M. student, JJ Disini, a practicing lawyer from Manila, prepared an analysis of laws relating to traditional knowledge in Southeast Asia during his fall clinical term at the Berkman Center. Unlike Africa, few nations in Asia offer specific protection for traditional customs and practices, reflecting the general absence of intellectual property laws in this region. Only the Philippines and Thailand have enacted TK protections. Under the mandate imposed by TRIPS (Trade-Related Aspects of Intellectual Property Rights), all nations who wish to take advantage of the treaty's trade benefits must enact minimum protection for IP. Protection for TK is not, however, required by TRIPS, although it is a subject for further review under the Doha agenda.