Traditional

knowledge

in the

PhilippinesProgress of IPR protection

Andrea B. Agillon

Reported by: Ernesto E. Empig

Professor: Liwayway S. Viloria, Ph.D.

Under Proclamation No. 1906, October

was declared as National Indigenous

Peoples Month. - National Commission

for Culture and the Arts

Strategies in the Philippines

The Filipino indigenous cultural communities or “tribal Filipinos”

constitute about ten per cent of the Philippine population3 or 126

ethnolinguistic groups

During the 1999 roundtable discussion on IP and TK, Filipino TK

was identified as being mostly on health care, agriculture, forestry

systems, mining, arts, crafts, music, dances and literature.

The fundamental legal basis for the protection of traditional

knowledge (TK) is embodied in its 1987 Constitution (Article XIV

Section 17), which states that “the state shall recognize, respect

and protect the rights of the indigenous cultural communities to

preserve and develop their cultures, traditions and institutions

The list of Philippine laws that feature or

have references to TK are as follows:

Executive Order No. 247, 1995,

which prescribes a regulatory framework for the prospecting of biological and genetic resources,

their by-products and derivatives, for scientific and commercial purposes, and for other purposes;

EO 247 Implementing Rules and Regulations (IRR), 1996;

The Indigenous Peoples’ Rights Act (IPRA), 1997 or Republic Act 8317 with its regulations;

Traditional and Alternative Medicine Act, 1997

which created the Philippine Institute of Traditional and Alternative Health Care (PITAHC) in 2000,

providing for a Traditional and Alternative Health Care Development Fund and for other purposes;

Plant Variety Protection Act, 2000;

Wildlife Resources Conservation and Protection Act of 2001 or Republic Act 9147;

IRR for Wildlife Act or Guidelines for Bioprospecting Activities in the Philippines - Joint DENR-DAPCSD-

NCIP AO No. 1, 2004; and

Community Intellectual Rights Protection Act (CIRPA), 2000 (pending Senate approval).

Wildlife Resources Conservation and

Protection Act

The Wildlife Resources Conservation and Protection Act -

popularly known as the Wildlife Act (WA) - was enacted to

rectify some problems encountered in the previously

enacted EO 247 and its Implementing Rules and

Regulations

Limitations of previous laws in terms of benefit-sharing

are rectified in Chapter VI of the Guidelines, which

includes bioprospecting fees, royalty payments, and up-

front payments as well as other non-monetary benefits

that may be agreed upon by the users and providers:

There are also exemptions in the scope

of the guidelines:

Ex-situ collections of biological resources sourced from traditional

use, subsistence consumption or conventional commercial

consumption for direct use as in logging or fishing;

Scientific researches on wildlife except for commercial purposes;

Scientific researches on biodiversity;

Existing procedures of collection and transport of wildlife species

exclusively for commercial or conservation breeding or

propagation; and

Ex-situ collections currently accessed under international

agreements where the Philippines is a party.

Community Intellectual Rights

Protection Act

CIRPA is based on:

Recognition of TK. Indigenous peoples and local communities have

original rights over plant and animal genetic resources, traditional

medicines, agricultural methods and local technologies they have

discovered and developed, and as such will be the general owners;

Registration as a form of IP protection. A systematic inventory of plant

and genetic resources and knowledge from these communities,

especially those without a written tradition or culture, shall be done

and eventually serve as the basis for proprietary ownership; and

Community ownership of TK. All benefits derived from the knowledge

and innovations shall be shared equitably

Current developments

IP Philippines is now exploring the possibilities of using the

protective intellectual property rights for TK

(www.ipophil.gov.ph, December 2006).

Together with Filipino health representatives, they have met

with joint delegations from the European Patent Office (EPO)

and the State Intellectual Property Office (SIPO) of the People’s

Republic of China for possible data gathering and setting up of

TK databases in IP offices in the Association of Southeast Asian

Nations (ASEAN).

This is expected to help facilitate patent examinations

eventually and produce economic benefits. The joint delegation

also intends to have exchanges on TK, especially on its use for

medicine and agriculture.

Indigenous Knowledge for Development

Opportunities and Challenges

Nicolas Gorjestani

“Indigenous knowledge

is an integral part of

the culture and history

of a local community.

We need to learn from

local communities to

enrich the

development process”.

James D. Wolfensohn, President

of the World Bank (1998)

IK is used at the local level by communities as the

basis for decisions pertaining to food security,

human and animal health, education, natural

resources management, and other vital activities.

IK is a key element of the social capital of the

poor and constitutes their main asset in their

efforts to gain control of their own lives.

For these reasons, the potential contribution of IK

to locally managed, sustainable and cost-effective

survival strategies should be promoted in the

development process.

The priorities would be to:

encourage more countries to formulate and

implement strategies for IK integration

enhance the capacity of national and regional IK

networks

promote the local exchange and adaptation of

indigenous knowledge

identify innovative mechanisms to protect IK in a

way that fosters the further development,

promotion, validation, and exchange of IK.

Conclusion Indigenous knowledge is a critical factor for sustainable development

Empowerment of local communities is a prerequisite for the integration of IK in the development

process.

The integration of appropriate IK systems into development programs has already contributed to

efficiency, effectiveness, and sustainable development impact.

IK, like any other knowledge, needs to be constantly used, challenged, and further adapted to the

evolving local contexts.

Supporting local and regional networks of traditional practitioners and community exchanges can help

to disseminate useful and relevant IK and to enable communities to participate more actively in the

development process

While innovative mechanisms for the protection of IK need to be developed, many indigenous

knowledge practices can at the same time be integrated into local, national, regional, or even global

development efforts.

However, experience has shown that this cannot be done by one institution alone. Therefore,

partnerships are needed to support this process at all levels.

The Indigenous Knowledge for Development Program of the World Bank will continue to champion IK

and join others in their efforts to harness indigenous knowledge for development in a process of

continuous learning from local communities.

Conclusion

Indigenous knowledge is a critical factor for sustainable development. Empowerment of local communities is a prerequisite for the integration of IK in the development process. The integration of appropriate

IK systems into development programs has already contributed to efficiency, effectiveness, and sustainable

development impact. IK, like any other knowledge, needs to be constantly used, challenged, and further

adapted to the evolving local contexts. Supporting local and regional networks of traditional practitioners

and community exchanges can help to disseminate useful and relevant IK and to enable communities to

participate more actively in the development process. While innovative mechanisms for the protection of

Box 6

In Cameroon, the US National Cancer Institute reportedly signed

a contract with the government following the discovery of a forest

plant species with a potential anti-AIDS chemical. Cameroon provides plant samples in return for payments which are used for

community development projects. *

* Posey, D. and Dutfield G. (1996). “Beyond Intellectual Property:

Toward Traditional Resource Rights for Indigenous Peoples and Local

Communities.” IDRC, Ottawa.

8

Nicolas Gorjestani is Chief Knowledge Officer, Africa Region, The World Bank. This paper is based on a presentation

made by the author at the UNCTAD Conference on Traditional Knowledge in Geneva, November 1, 2000. The paper was

completed after the Conference and includes some additional material, which has since become available.

The views expressed in this paper are entirely those of the author and should not be attributed in any manner to the World

Bank, to its affiliated organizations or to members of its Board of Executive Directors or the countries they represent.

IK need to be developed, many indigenous knowledge practices can at the same time be integrated into

local, national, regional, or even global development efforts. However, experience has shown that this

cannot be done by one institution alone. Therefore, partnerships are needed to support this process at all

levels. The Indigenous Knowledge for Development Program of the World Bank will continue to champion IK and join others in their efforts to harness indigenous knowledge for development in a process of

continuous learning from local communities.

Marginalised knowledge: An agenda

for indigenous

knowledge development and

integration

with other forms of knowledgeDennis N. Ocholla

The purpose of this chapter is to re-examine

indigenous knowledge (IK) in order to suggest an

agenda for its development and integration with

other forms of knowledge. The chapter

discusses what marginalisation of IK means,

examines the challenges of integrating IK into the

mainstream of other forms of knowledge, and

suggests an agenda for IK development. The

agenda focuses on mapping and auditing IK capacity

in Africa, legal and ethical issues, IK

management, IK education and training, integration

of IK and KM, and IK brain drain. The

chapter concludes by recommending that

information on IK be widely shared for evaluation,

use and further developmen

IK Definition

... a complex set of knowledge and

technologies existing and developed around

specific conditions of populations and

communities indigenous to a particular

geographic area, [with an emphasis on

how] these forms of knowledge have

hitherto been suppressed […] therefore, IKS

should be brought into the mainstream of

knowledge in order to establish its place

within the larger body of knowledge.

IK thrives in the following areas

Beliefs

Medicine (traditional medicine using herbs)

Community development (e.g. communality or the ubuntu support system)

Art and craft (e.g. pottery)

Sealing

Energy production (through charcoal burning)

Education (knowledge transfer over generations)

Communication and entertainment (festivals, drama, songs, dances,

storytelling – what we today could call “reading clubs”)

Farming practices (soil conservation, intercropping, farm rotation)

Food technology (fermentation, preservation)

Arts and crafts (e.g. painting, carving, decoration, weaving,)