Oman Perfumery Case

• Published date: 09 June 2023
• Subject Matter: Intellectual Property, Government, Public Sector, Patent, Indigenous Peoples
• Law Firm: Khurana and Khurana
• Author: Anuja Saraswat

Indigenous and local communities have utilised traditional and indigenous knowledge (TK) for generations in accordance with regional laws, practices, and traditions. It has been passed down from generation to generation and evolved. TK has played a significant role and continues to play a significant part in crucial sectors such as food security, the advancement of agriculture, and medical care.

Contrary to popular belief, TK is not necessarily in the public domain, however a sizable amount of TK might be. Even when the broad subject matter of TK is taken into consideration, it is frequently challenging to identify the owner or owners. TK is not something that is merely handed down from the past or is static. TK is an expanding body of knowledge. In TK, innovations do occur. Although most of TK is not documented, not to mention the tacit knowledge and the parts of TK that are considered secret or sacred, it is challenging to identify the specific state of the art in TK when compared to scientific knowledge. These create many complications in contesting patent claims based on TK and in identifying the innovation and the contributions made by an innovator.

A broad view of the development of TK from the CBD convention, indicates that primary aim was protect traditional knowledge and practices from being exploited by western civilizations, to protect the essence of one's traditional and indigenous knowledge and the secondary to have exclusive right to protect, preserve and commercially exploit such knowledge through different

modes and methods.

TK has been discussed in several international organisations and forums. The discussion of this matter was sparked by the adoption of article 8(j) of the CBD. This clause is written in non- operational, self-executing programming words. National laws should specify how the rights of the communities are to be recognised and upheld to be applicable. However, it was a significant step in the direction of a more organised response to the problem on a national and worldwide scale. The UNEP/CBD, WIPO, UNCTAD, and WTO have all addressed issues pertaining to traditional knowledge and intellectual property. These organisations have worked together in some instances. Consequently, WIPO and UNEP conducted joint case studies on the function of IPRs in distributing benefits from use of TK and associated biological resources.

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