Resolving Disputes from Intellectual Property in Traditional Knowledge

Dispute is an integral part of human existence. There is bound to be a disagreement in every human relationship. Whenever there is human interaction, dispute is inevitable. The different means of dispute resolution include litigation, arbitration, mediation, and negotiation. While litigation requires resolving disputes in a court of law, arbitration, mediation, and negotiation are seen as alternative dispute resolution mechanisms. The role of alternative dispute resolution cannot be underestimated in resolving disputes arising from the exploitation of traditional knowledge (TK) as intellectual property. Different scholars have given different opinions and definitions of traditional knowledge: however, all these sums up to the point that traditional knowledge is a set of skills, experiences, and information passed down from generations past to the present. The relevance of traditional knowledge is to preserve and maintain core values on certain practices not limited to lifestyle, culture, and literature. On the other hand, dispute resolution entails the settlement of conflict between parties. Depending on the dispute resolution mechanism chosen by the parties, there may be an outcome that includes, a win-win situation, a win-lose situation, or more. Where dispute that arise from TK exploitation is efficiently resolved and handled, the relationship and values of parties are safeguarded and conserved