Intellectual property law doesn't protect the traditional knowledge and folklore of people, including indigenous peoples like American Indians. The problems vary: Who is the identifiable author or inventor if it's part of a group's culture? When did the work come into being if it's part of an oral tradition that changes? How can localized knowledge about the healing benefits of particular plants be patented if that use is already in the public sphere?
The World Intellectual Property Organization will be taking up international instruments aimed at protecting traditional knowledge and folklore from misappropriation, Intellectual Property Watch reports. Those instruments will be considered by the WIPO's General Assembly in September.