Canadian and International Traditional Knowledge and Cultural Expression Systems

This report examines international and domestic laws and policies affecting traditional knowledge (TK) and traditional cultural expression (TCE). It begins with a survey of the most relevant international legal instruments. It then examines legal initiatives in other countries to assess insights they provide in addressing Aboriginal concerns about TK and TCE, and their potential for guiding future change, in Canada. Finally, the report discusses Canadian laws and practices relating to Aboriginal concerns about protecting TK and TCE by assessing the various intellectual property rights' (IPR) laws usually seen as pertinent to Aboriginal concerns, along with laws and practices outside the IPR regime. Based on its discussion, the report concludes with legal and policy change suggestions aimed at more effective protection for Aboriginal TK and TCE in Canada.