THE INTERNATIONAL DEBATE ON TRADITIONAL KNOWLEDGE AS PRIOR ART IN THE PATENT SYSTEM: ISSUES AND OPTIONS FOR DEVELOPING COUNTRIES

This research paper examines the failure of the patent system to prevent the misappropriation of traditional knowledge (TK) and explores the use of the patent system as a defensive measure. It specifically analyzes how TK can be formally recognized as 'prior art' to defeat patent claims that lack novelty or an inventive step. The author reviews prior art definitions in the US, Japan, and Europe, as well as the Patent Cooperation Treaty (PCT) framework, and provides recommendations for improving search procedures, implementing disclosure requirements, and developing standardized TK databases.

• The patent system has been criticized for granting patents to inventions derived from traditional knowledge that do not meet the requirements of novelty and inventiveness because traditional knowledge is rarely considered prior art during examination.
• Specific high-profile cases of 'bio-piracy' resulting from failures in prior art searches include the Turmeric Patent (US Patent No. 5,401,504), the 'Neem' (Azadirachta indica) Patents, and the 'Ayahuasca' (Banisteriopsis caapi) Patent (US Plant Patent No. 5,751).
• Traditional knowledge is highly significant to global health and livelihoods; 94% of the 35 plant-derived drugs among the top 150 best-selling drugs contained at least one compound with proven use in traditional medicinal practices.
• Prior art definitions vary by jurisdiction: the US Patent Act (35 U.S.C. 102) focuses on printed publications or known/used inventions; Japanese law includes inventions made available via 'telecommunication lines' (websites/databases); and the European Patent Convention (EPC) defines it as everything made available to the public by written or oral description, use, or any other way.
• Under the Patent Cooperation Treaty (PCT), oral disclosures or use are generally only considered relevant during an international search if they are substantiated by written disclosure.
• The author recommends that patent applicants be required to disclose the source of any traditional knowledge used in an invention and provide evidence of prior informed consent and equitable benefit sharing.
• To improve the effectiveness of prior art searches, the author suggests integrating TK-related periodicals, newsletters, and gazettes into the PCT's 'minimum documentation' list and the Journal of Patent Associated Literature (JOPAL).
• The creation of TK databases as a defensive measure poses risks to indigenous cultures, as codifying knowledge that was previously only available within specific communities can disrupt internal stability and remove the ability of those communities to negotiate terms of use.

APA

RUIZ, M. (2002). THE INTERNATIONAL DEBATE ON TRADITIONAL KNOWLEDGE AS PRIOR ART IN THE PATENT SYSTEM: ISSUES AND OPTIONS FOR DEVELOPING COUNTRIES. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2015/03/PriorArt_ManuelRuiz_Oct02.pdf

Chicago

RUIZ, MANUEL. THE INTERNATIONAL DEBATE ON TRADITIONAL KNOWLEDGE AS PRIOR ART IN THE PATENT SYSTEM: ISSUES AND OPTIONS FOR DEVELOPING COUNTRIES. Center for International Environmental Law, 2002. https://www.ciel.org/wp-content/uploads/2015/03/PriorArt_ManuelRuiz_Oct02.pdf.

Wikipedia

{{cite report |last1=RUIZ |first1=MANUEL |title=THE INTERNATIONAL DEBATE ON TRADITIONAL KNOWLEDGE AS PRIOR ART IN THE PATENT SYSTEM: ISSUES AND OPTIONS FOR DEVELOPING COUNTRIES |publisher=Center for International Environmental Law |date=October 2002 |url=https://www.ciel.org/wp-content/uploads/2015/03/PriorArt_ManuelRuiz_Oct02.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ruiz2002international, author = {RUIZ, MANUEL}, title = {{THE INTERNATIONAL DEBATE ON TRADITIONAL KNOWLEDGE AS PRIOR ART IN THE PATENT SYSTEM: ISSUES AND OPTIONS FOR DEVELOPING COUNTRIES}}, institution = {Center for International Environmental Law}, year = {2002}, month = oct, url = {https://www.ciel.org/wp-content/uploads/2015/03/PriorArt_ManuelRuiz_Oct02.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }