What is defensive mechanism of protection of TK? Give one example of defensive mechanism of protection of TK.

Defensive mechanisms of protection for traditional knowledge (TK) refer to strategies employed by communities, indigenous peoples, and other stakeholders to safeguard their TK from misappropriation, unauthorized use, and exploitation by external parties. These mechanisms are essential for preserving the integrity, cultural significance, and rights of holders of traditional knowledge. One example of a defensive mechanism of protection for TK is the use of defensive patents.

Defensive patents involve the strategic filing of patents by communities or indigenous groups to prevent third parties from obtaining exclusive rights over inventions derived from their traditional knowledge. While patents typically grant inventors exclusive rights to their inventions, defensive patents aim to preclude others from patenting innovations based on traditional knowledge without authorization from the traditional knowledge holders.

The defensive patent strategy operates as follows:

1. Identification of Traditional Knowledge: Communities or indigenous groups identify specific aspects of their traditional knowledge that have commercial value or potential for innovation. This may include medicinal plants, agricultural practices, cultural expressions, or traditional techniques for producing handicrafts.

2. Documentation and Prior Art Establishment: Traditional knowledge holders document their knowledge systems, practices, and innovations through written records, oral histories, or other means of documentation. They establish prior art by demonstrating that the knowledge or innovation existed prior to any attempts by external parties to patent it.

3. Strategic Patent Filing: Traditional knowledge holders file defensive patents for inventions derived from their traditional knowledge, either independently or in collaboration with research institutions, NGOs, or other partners. These patents serve as a defensive measure to prevent others from obtaining exclusive rights over innovations derived from the traditional knowledge without consent.

4. Licensing and Access Agreements: Traditional knowledge holders may license their patented inventions to third parties under mutually beneficial agreements. Licensing arrangements can provide revenue streams for communities, support sustainable development initiatives, and ensure that traditional knowledge is used in culturally appropriate and environmentally sustainable ways.

5. Challenges to Patent Grants: Traditional knowledge holders may challenge the validity of patents granted to third parties for inventions derived from their traditional knowledge. They may cite prior art, demonstrate lack of novelty or inventive step, or assert that the patented invention was derived from their traditional knowledge without authorization.

One notable example of defensive patents for traditional knowledge is the case of the Hoodia cactus. The San people of southern Africa have used Hoodia for centuries as an appetite suppressant during long hunting trips. In the 1990s, the potential pharmaceutical applications of Hoodia as a weight-loss supplement gained attention, leading to attempts by pharmaceutical companies to patent its active ingredient. In response, the Council for Scientific and Industrial Research (CSIR) of South Africa, in collaboration with the San people, filed a series of defensive patents to protect the commercial value of Hoodia derived from traditional knowledge. These defensive patents aimed to ensure that the San people retained control over the commercialization of Hoodia-based products and received fair compensation for its use.

In summary, defensive patents represent a proactive approach to protecting traditional knowledge from misappropriation and exploitation. By strategically filing patents for inventions derived from their traditional knowledge, communities and indigenous groups can assert their rights, prevent unauthorized use, and promote equitable benefit-sharing arrangements with external stakeholders.