Abstract

PEREZ PENA, Oscar Alberto. Collective rights of communities over their intellectual property: contradictions between industrial property and traditional knowledge. RCUISRAEL [online]. 2021, vol.8, n.2, pp.163-180. ISSN 2631-2786.  https://doi.org/10.35290/rcui.v8n2.2021.327.

The objective of this essay is to analyze the contradictions that arise within the intellectual property protection system when it refers to traditional knowledge and industrial property. The community character of traditional knowledge is expressed in its close relationship with the communities and social groups that carry it, which makes it difficult to fit into the industrial property system. It refers to the characteristics and individual essence of the industrial property system, which make it incomplete for this type of knowledge and which contributes to the exploitation and misappropriation by third parties outside these communities. Finally, the importance of the recognition of collective rights to communities and social groups on their intellectual property in terms of traditional knowledge is evident.

Keywords : traditional knowledge; industrial property; collective rights.

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