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Traditional Knowledge And Protective Role Of IPR

Author: LawSphereX

Category: General Law

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TRADITIONAL KNOWLEDGE AND PROTECTIVE ROLE OF

IPR

Sara Charan, University School of Law and Legal Studies (USLLS), Guru Gobind Singh Indraprastha University (GGSIPU)

ABSTRACT

Traditional knowledge is the learned knowledge, behaviour and skill that has been inherited through generations within the community. The knowledge is used in many fields, for instance agriculture, medicine, arts, ecology, and cultural expressions, and it is an important part of the community's identity and heritage. Even though traditional knowledge plays a crucial role in cultural, scientific, and moral spheres, it is still at risk because of misappropriation, lack of interest in using it, not having access to it or the knowledge is available but in a different language. This paper talks about the meaning of traditional knowledge, the sources from which it is extracted, different types, the need to protect, ways to protect, and few acts which are associated with protection.

It also takes a deep dive into the different mechanisms of protecting this knowledge, distinguishing between defensive protection, its aim is to prevent third parties from misappropriation of traditional knowledge through documentation and positive protection, which seeks to establish legal frameworks that preserve and promote traditional knowledge. A good example of this protection is the Traditional knowledge digital Library (TKDL)1 in India, which not only reduces the risk of knowledge being represented in an erroneous or abusive way, but also helps in preventing patenting of this knowledge. The paper highlights the significance of international legal frameworks in protecting traditional knowledge.

It points out that these legal measures play a vital role in preventing misuse, promoting ethical use, and ensuring that the cultural and scientific value of this knowledge is recognized and respected worldwide. Such protections are essential for the preservation of heritage.

1 TKDLTraditional Knowledge Digital Library,

https://www.tkdl.res.in/tkdl/langdefault/common/Home.asp?GL=Eng (Accessed: 11 November 2024).

Introduction to Traditional Knowledge The general definition of traditional knowledge is the knowledge, know-how, skills and practices that are developed to sustain and pass on from Generation to generation. 2 This knowledge is often community held and it forms a part of the cultural and spiritual identity of the community. When it is said that a community sustains the traditional knowledge, it can be within families or it can be with individuals too.

Now let us take a look at what all things are included when traditional knowledge is talked about, it encompasses intellectual intangible cultural heritage, here cultural heritage means cultural expressions and traditional knowledge like Music, arts, including both performing and non-performing arts, and in case of the intellectual Heritage it comprises agricultural knowledge, scientific and technical knowledge, ecological and biodiversity knowledge and medicine knowledge. All this information is contained in various traditional knowledge textbooks of different communities including the indigenous and local communities. 3 In a broader sense, where is traditional knowledge extracted from, there are two sources from which traditional knowledge is extracted: secondary sources and primary sources.

Secondary sources are historical documents, ancient texts, manuscripts, articles, journals, and books that have been preserved over time. In India there are a large number of secondary sources documented in the form of manuscripts, stone carvings, and paintings. Some of the popularly known manuscripts are ayurveda literature, unani literature, siddha literature, which were archived centuries ago. The secondary sources are preserved within certain libraries and are available to individuals. In primary sources, individuals, communities, and families are all bracketed as knowledge holders or traditional knowledge contributors. When it comes to accessibility of classical and traditional texts or manuscripts, they are very much available to everyone in India and abroad. At the same time, one has to face the problem regarding the same, most of these books are out of print or out of copyright.

Some books are only found in libraries that don’t have current editions, while others might have been digitised and are only in online archives. To solve this issue, the Ministry of Culture4 came up with the National Manuscript Mission5 in 2003, which documented a large number of manuscripts in

2 Traditional Knowledge, https://www.wipo.int/tk/en/tk/ (Accessed: 11 November 2024).

3 Traditional Knowledge and Intellectual Property, https://www.wipo.int/edocs/pubdocs/en/wipo-pub-rn2023-5- 1-en-traditional-knowledge-and-intellectual-property.pdf (Accessed: 11 November 2024). 4 Ministry of Culture, Government of India, https://www.indiaculture.gov.in (Accessed: 11 November 2024).

5 National Mission for Manuscripts, https://www.namami.gov.in (Accessed: 11 November 2024).

digitised formats. This mission helped make many of these manuscript folios available and conserved. Yet, thousands of manuscripts lie scattered all over the country in unknown collections, which are yet to be digitised or be made accessible in any form to individuals. There is another genre of traditional knowledge that is non-documented. Such knowledge can be oral, i. e. , passed through generations by word of mouth. A large population, close to 10 percent, which is tribal in India, a large indigenous popular population which has immense amounts of information available in relation to agricultural productivity, soil quality, biodiversity conservation, water scarcity, and so forth. These things are not generally disclosed outside the community, as it is often called secret knowledge.

Protecting Traditional Knowledge Traditional knowledge encompasses a large amount of information that falls under the scope of traditional Science and Technology information, which has significant relevance even today. Integrating this information with the current knowledge available supports holistic research. There's also artistic folklore knowledge which is very relevant and important in weaving cloth, making baskets or making certain things which are passed on from Generation to generation, but are currently dying because the second generation or the third generation or the nth generation doesn't want to take up what their forefathers have been doing. It might happen because it is not economically viable or they are no longer interested and don't want to practise it.

These are very few yet important aspects which highlights the need to protect and preserve traditional knowledge and traditional cultural expressions. 6 When we talk about defensive or positive protection of traditional knowledge, there are some particular parameters that need to be considered, such as who owns the traditional knowledge. While protecting traditional knowledge we need to understand ownership of the traditional knowledge, especially when a person takes traditional knowledge from someone, in the sense of capturing and documenting the traditional knowledge there is need to take prior informed consent. Prior informed consent basically means informing the particular knowledge holder that the information is going to be put to some use, the holder should give permission for the same.

The process is necessary as the information gained is very important to their (tribal people) livelihoods, sustenance and in general for their whole existence, in the form of their

6 Traditional Knowledge Digital Library Unit (TKDL), Council of Scientific & Industrial Research,

https://www.csir.res.in/documents/tkdl (Accessed: 11 November 2024).

cultural and spiritual identity. In Spite of this, people would go to them, take the information from them, perhaps do research, publish papers and convert it into commercial benefits for themselves. without anything going back to the knowledge holder. Neither the acknowledgment is given to the holder nor their permission is taken, this is referred to as misappropriation of the knowledge. Biopiracy Biopiracy is usually associated with genetic resources and biological materials, anything that is taken without the permission of the holder or the owner. 7 Seeking exclusive Intellectual Property (IP)8 ownership over indigenous knowledge of nature including genetic resources, is called biopiracy. The knowledge originating from the indigenous people is exploited for profit without their consent, that is misappropriation.

So basically, biopiracy is appropriation of rights to the genetic resources and knowledge wrongful exploitation of indigenous knowledge and biodiversity without compensation or recognition to the people. 9 The operational traditional knowledge has been continuing for a long time and has been recognized as well. For instance, turmeric, basmati rice, and neem are commonly used in households, for their medicinal properties. Turmeric is known for its nutritional and woundhealing properties. Turmeric paste is applied on cuts or bruises for healing, this is known since ages, still a patent for this was granted by the USPTO in 1995. It was granted because of two reasons: accessibility and language.

All this information is available in various texts and manuscripts but it is not written in a language that a patent examiner at USPTO would understand and these books are also not accessible to them. Another example is a traditional handicraft device for agricultural produce called kilta. An application was applied for its patenting and it was pending for 13 years in the litigation. There are two types of protection i. e. , defensive and positive protection. 10 Defensive protection

7 Protecting Indian Traditional Knowledge from Biopiracy,

https://www.wipo.int/export/sites/www/meetings/en/2011/wipo_tkdl_del_11/pdf/tkdl_gupta.pdf (Accessed: 11

8 What is Intellectual Property?, https://www.wipo.int/about-ip/en/ (Accessed: 11 November 2024).

9 Protecting Traditional Knowledge: The WIPO Intergovernmental Committee on ... Google Books,

https://books.google.co.in/bookshl=en&lr=&id=5gcqDwAAQBAJ&oi=fnd&pg=PP1&dq=info:SztBlIVNAT8J: scholar.google.com&ots=1qnbgjTxln&sig=AVLXeZS_jtNUQvk1Y427fNM3Tq4&redir_esc=y (Accessed: 11 10 Traditional Knowledge and Intellectual Property,, https://www.wipo.int/edocs/pubdocs/en/wipo-pub-rn2023- 5-1-en-traditional-knowledge-and-intellectual-property.pdf (Accessed: 11 November 2024).

is a set of strategies, which ensure that third parties do not gain illegitimate or unfounded IP rights. It is a strategy to protect the knowledge from not being appropriated by someone else for commercial benefit. On the other hand, positive protection is creation of certain rights for the holder through statutory means. Positive protection for traditional knowledge would mean protection of the intangible information, culture expression or genetic resource. It would also mean to protect and promote the traditional knowledge. It also emphasises the need for international and National laws to create sui generis systems for legal recourse. Defensive Protection Defensive protection is primarily documentation of that traditional knowledge. 11 In India documentation of traditional knowledge has already been done to a very large extent by the preceding generations.

The information is already written in various languages like, ayurveda is written in Sanskrit, unani is written in Arabic, Persian, and Urdu, and siddha is written in Tamil. But in the current context, there are several government organisations as well as nongovernment organisations including universities, research Institute, etc, which are collecting such information and putting them in the form document or compendiums. 12 For example traditional tribal medicine has been documented by the central councils under ministry of Ayush, the medicinal knowledge in the western guards is a publication by the Indian Council of Medical Research (ICMR). 13 These are few examples of documenting traditional knowledge, so that it is available and becomes a part of the defensive protection.

defensive protection means recording the information in such a way that it becomes some sort of knowledge that is already known. When intellectual property rights are talked about, especially in the context of patents, it has to be the information that is novel, once this information is documented it becomes already known information. In this way the information is protected by putting it down in the form of a documentation, so that nobody else can take rights on it. The National Medicinal Plant Board14 which comes under the Ministry of Ayush15, has an

11 Documentation of Traditional Knowledge and Traditional Cultural Expressions,

https://www.wipo.int/tk/en/tk_and_tces.html (Accessed: 11 November 2024).

12 Protecting Traditional Knowledge: The WIPO Intergovernmental Committee on ..., Google Books,

https://books.google.co.in/bookshl=en&lr=&id=5gcqDwAAQBAJ&oi=fnd&pg=PP1&dq=info:SztBlIVNAT8J: scholar.google.com&ots=1qnbgjTxln&sig=AVLXeZS_jtNUQvk1Y427fNM3Tq4&redir_esc=y (Accessed: 11

13 Government of India, https://www.icmr.gov.in (Accessed: 11 November 2024).

14 National Medicinal Plants Board|Government of India, https://www.nmpb.nic.in (Accessed: 11 November

15 Ministry of Ayush,Government of India, https://ayush.gov.in/ (Accessed: 11 November 2024).

Indian medicine plan database. It is a comprehensive database, over 7000 botanical names,

1000 of vernacular names and around 600 names of a particular plant. The information on the

platform is linked to the systems of medicine. It also informs about which species are used in ayurveda, Fork unani or homoeopathy. There's a portal called envis portal which talks about all information on natural resources giving examples of defensive prediction not only in the sense of traditional knowledge but of genetic resources that are available in India. The nongovernment organisations include the honeybee networks, this organisation works with grassroot level innovators and helps them file patents and intellectual property rights. Indian Council of Agricultural Research (ICAR)16 is an organisation which has an inventory about plant species and it has validated traditional knowledge.

The age-old traditional knowledge information is validated by time and tradition but in contemporary times the research organisations are going back to text and trying to experimentally prove the information. Traditional Knowledge Digital Library A Traditional Knowledge Digital Library (TKDL)17 is a very important form of defensive

protection that is available and is unique to India. Traditional knowledge per se is not patentable. Therefore, an invention which in effect is traditional knowledge or is just an aggregation or duplication of the known properties cannot be patented. Innovations over nontraditional knowledge, an incremental improvement over existing knowledge or some new surprising information out of traditional knowledge, such things are patentable. The need for a traditional knowledge digital library arose from the misappropriation that was happening, and the need to have a text or a documentation that would provide the patent examiner with the information that was available in age-old manuscripts. That would help them see that the information is already known and they would not grant patents on that information, this is generally called a prior art database.

Traditional knowledge digital library is a database of value added in traditional knowledge information. It contains over 400 and 4. 5 lakh formulations and techniques on ayurveda unani siddha yoga and sowa rigpa in different languages with both old and new terminologies. 18 Traditional knowledge resource classification is a system of codes through which when data is 16 Indian Council of Agricultural Research Krishi Bha, https://icar. org. in (Accessed: 11 November 2024).

17 TKDLTraditional Knowledge Digital Library,

https://www.tkdl.res.in/tkdl/langdefault/common/Home.asp?GL=Eng (Accessed: 11 November 2024).

18 Traditional Knowledge Digital Library Unit (TKDL), Council of Scientific & Industrial Research,

https://www.csir.res.in/documents/tkdl (Accessed: 11 November 2024).

entered, the code makes the entire entry language-agnostic. It converts the data into different languages, so the report that comes to the patent examiner will be easily understood over different patent offices. 19 Third Party Observation20 is an application of traditional knowledge digital library, the system tells the patent examiners that the information is already known and file it through a specific legal format, through which they can check it themselves, whether that information is relevant to the particular patent application or not. The result of such activity has been that more than 323 updated applications have been revoked, amended, withdrawn, abandoned. Currently TKDL contains about 4,53,000 formulations. 21 The Third Party Observations are the controversies on patent applications.

The team working within the TKDL, focuses on the examination of any patent applications that concern the use of Indian traditional knowledge or genetic resources. When an application seems to incorporate elements of the traditional knowledge, the team makes third party observations. These observations are based on information contained within the TKDL itself and indicate that the geographical data being claimed is in fact not new. Thus, patent examiners have to convey this information to the patent applicants and seek their explanation. If the examiners consider the evidence provided to be appropriate, and also that the invention claimed in the application does not possess any novel features or inventive merits, the application can be declined. More than

323 patent applications have been amended, withdrawn, or rejected due to such third party

observations. For example, third party observation as part of traditional knowledge protection has included a patent application with content that describes a composition for the prevention and treatment of joint and muscle pain at a level of spine vertebrae. The composition included ingredients such as bakuchiol, which is known for its anti-inflammatory properties, as well as Allium Sativum (garlic) and ginger, both of which are widely recognized for their therapeutic effects. Yet, following the submission of evidence to the Traditional Knowledge Digital Library (TKDL) database, which keeps records of traditional knowledge in India, third party comments were made emphasising previous use of these ingredients in traditional medicinal practices.

19 Protecting Indian Traditional Knowledge from Biopiracy,

https://www.wipo.int/export/sites/www/meetings/en/2011/wipo_tkdl_del_11/pdf/tkdl_gupta.pdf (Accessed: 11 20 Third Party Observations, https://www.wipo.int/pct/en/faqs/third_party_observations.html (Accessed: 11

21 Protecting Indian Traditional Knowledge from Biopiracy,

https://www.wipo.int/export/sites/www/meetings/en/2011/wipo_tkdl_del_11/pdf/tkdl_gupta.pdf (Accessed: 11

Based on these findings, the Indian Patent Office22 has declined a patent application. This case illustrates the use of third-party evidence supported by conventional knowledge databases such as the TKDL to invalidate patent assertions and to prevent traditional knowledge being appropriated in an inappropriate manner. One of its main points is the significance of such databases, in particular, to the defence against the wrongful patent application of information that is publicly known for ages. Traditional knowledge digital library works with all forms of text manuscript information that is already documented. An important documentation activity going on in India which relates to oral traditional knowledge is people's biodiversity register. It is managed by the National Biodiversity Authority23 which comes under the Ministry of Environment and Forest24.

It uses a very systematic approach that includes a biodiversity management committee which goes right up to the Village level to collect the information available on traditional knowledge and genetic resources. It’s an expansive body of knowledge which contains general description about the genetic Resource, it will contain mapping and area, it even gives information about the kind of tribes and people living there, it also gives associated knowledge if any. So far, more than 2,67,000 such PBRs have been documented by the various biodiversity management committees from all over India. It is done by the national biodiversity authority, the state biodiversity authority and biodiversity management committees, which record such information in due consultation with the particular communities.

25 There are certain advantages of such databases, for instance, this prevents erroneous grant of IPR as it acts as a prior database to the patent examiner. Through this system they know that the information is already known, hence patents are not granted. It also preserves valuable heritage. The languages are dying, people are no longer interested in practising particular cultural expressions or traditional knowledge. These things are preserved and maintained by documenting them for the future generations. At the same time there are concerns like by putting all this information in one place, in languages that are understood by all, will this trigger more misappropriation. The informed consent of the information holder was even taken. The 22 Official website of Intellectual Property India, https://ipindia. gov. in (Accessed: 11 November 2024).

23 National Biodiversity Authority, http://nbaindia.org (Accessed: 11 November 2024).

24 Ministry of Environment, Forest and Climate Change, https://moef.gov.in (Accessed: 11 November 2024).

25 Traditional Knowledge and Resources of Medicinal Plants,

https://sansad.in/getFile/loksabhaquestions/annex/1715/AS118.pdf?source=pqals (Accessed: 11 November

person sharing information gives it willingly or it has been taken by stealth without the person knowing it at all. Positive protection When it comes to positive protection, there is no particular statutory law to protect traditional knowledge in India. The challenges of applying the existing IP rights to protection of traditional knowledge is that traditional knowledge is not novel and static, rather it's a dynamic knowledge. The knowledge keeps on moving from one place to another, it is a living tradition. The knowledge is it is community owned, the intellectual property rights are individual bees, its owner can be identified per se. In the case of traditional knowledge even if more than one Community can own it, different people can be practitioners, hence there's a lot of complications in understanding how it is being used and practised.

26 The laws in India are applicable to patents, copyrights, geographical indications, etc. all these laws have finite protection time. On the other hand, the kind of protection needed for traditional knowledge has to be infinite, not for 20 years or 18 years. It is for the benefit of the posterity of the community and for the people to enjoy the benefits. There are few Government of India frameworks for protecting traditional knowledge and people’s right, for instance: ● Geographical Indications - Geographical Indications (GI) of Goods (Registration and Protection) Act, 199927 -Prohibiting the abuse of GIs in order to prevent deceit -Promoting the export of products to India GIs -Fulfilling the obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights of the World Trade Organization28

26 Protecting Traditional Knowledge: The WIPO Intergovernmental Committee on ...,Google Books,

https://books.google.co.in/bookshl=en&lr=&id=5gcqDwAAQBAJ&oi=fnd&pg=PP1&dq=info:SztBlIVNAT8J: scholar.google.com&ots=1qnbgjTxln&sig=AVLXeZS_jtNUQvk1Y427fNM3Tq4&redir_esc=y (Accessed: 11

27 The Geographical Indications of Goods (Registration and Protection) Act, 1999 No.48 of 1999,

https://www.ipindia.gov.in/act-1999.htm (Accessed: 11 November 2024).

28 World Trade Organization, https://www.wto.org (Accessed: 11 November 2024).

GIs include, for instance, in 2004–05, Darjeeling tea became India's first product to be GI-tagged and in Uttar Pradesh, Sambhal Horn Craft is a GI for objects fashioned from the horn and bones of deceased animals. ; ● Industrial Designs - The Design Act of 200029; ● Creative art forms (Novels, Poetry, Art, Musical lyrics and compositions, Film, Original architectural designs) - Copyright Act, 195730; ● Protection of New Varieties of Plants - The Protection of Plant Varieties and Farmers Rights Act, 200131 -Indian framework, which seeks to secure the plant varieties and the farmers' and plant breeder's rights. -The Act also promotes plant variety development. -Violation of plant variety protection rights, the court can order the wrongdoer to stop and may also award damages to the plaintiff.

; ● Protection of Bio-resources and Traditional Knowledge - Biological Diversity Act, -The results of research are not to be transferred to certain persons without approval of National Biodiversity Authority (NBA)33, -Application for intellectual property rights not to be made without approval of NBA, 29 Manupatra [Online], https://articles. manupatra. com/article-details/Industrial-Design-The-Design-Act-2000 (Accessed: 11 November 2024).

30 Copyright Act, 1957, https://www.copyright.gov.in/Documents/Copyrightrules1957.pdf (Accessed: 11

31 The Protection Of Plant Varieties and Farmers Rights Act, 2001,

https://plantauthority.gov.in/sites/default/files/gbrochurenewenglish.pdf (Accessed: 11 November 2024).

32 The Biological Diversity Act, 2002,

https://jkforest.gov.in/assets/pdf/act/THE_BIOLOGICAL_DIVERSITY_ACT.pdf (Accessed: 11 November

33 National Biodiversity Authority, http://nbaindia.org (Accessed: 11 November 2024).

-People's Biodiversity Register (PBR)34; ● Forest rights of Forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers - The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 200635. At the international level there are a lot of efforts to protect traditional knowledge. There are a large number of mega biodiverse countries which have considerable traditional knowledge. These countries want an international regime to protect traditional knowledge and cultural expressions. 36 Such a regime is legally binding, it has to be followed by the members who sign that particular International treaty. Such a statutory regime is being discussed under the auspices of the World Intellectual Property Organisation37.

There is a need for an international regime as the national regime is territorial in nature, they have limited impact when it is being used in some other country. There is no statutory redressal or any other legal recourse. The increased commercial use of traditional knowledge, that makes it more vulnerable to misappropriation and misuse, these things are considered under the international efforts to have a binding regime for protecting traditional knowledge. The aim is to establish minimum standards that bind all member countries under particular provisions. The ongoing deliberations of the Intergovernmental Committee on Intellectual Property, Genetic Resources, Traditional Knowledge, and Folklore (IGC)38 has been a protracted and arduous affair, since 2001. India, actively present in these debates, also speaks for the traditional knowledge digital library.

Although advances have been made toward convergence on the Genetic Resources instrument, there are ongoing debates on the traditional knowledge and traditional cultural expressions instrument, particularly contentious and opposing issues to the convergence on definitions of traditional knowledge. India is looking forward to that program being successful because protection of folklore know-how is really essential, simply in a country whose own folklore know-how is embedded in the cultural heritage. One of the 34 People’s Biodiversity Register (PBR), https://sbb. haryanaforest. gov. in/project/peoples-biodiversity-registerpbr/ (Accessed: 11 November 2024). 35 The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 Ministry of Tribal Affairs, Government of India, https://tribal. nic. in/FRA. aspx (Accessed: 11 November 2024).

36 Traditional Knowledge and Intellectual Property, https://www. wipo. int/edocs/pubdocs/en/wipo-pub-rn2023- 5-1-en-traditional-knowledge-and-intellectual-property. pdf (Accessed: 11 November 2024).

37 Wipo, https://www.wipo.int/portal/en/index.html (Accessed: 11 November 2024).

38 Intergovernmental Committee (IGC), https://www.wipo.int/tk/en/igc/ (Accessed: 11 November 2024).

main proposals is to create a sui generis and legal sanction to protect traditional knowledge. 39 This would allow local communities to control access to and commercialization of local knowledge, allowing it for use only with their permission. Moreover, it will promote research and development in an ethically responsible manner as it respects the rights of knowledge holders. The regulation of traditional knowledge by such legislation is considered to be a critical first step in guaranteeing the rights of those who keep the knowledge, their holders and their communities such that their contributions to culture are preserved and fairly administered. Conclusion On that ground, traditional knowledge is a priceless and unique asset, which is inextricably linked with cultural, spiritual, and ecological practices of community societies worldwide.

Even though significant efforts have been taken to record and to protect this knowledge, it is still at the risk of being exploited, particularly regarding issues like biopiracy and the commercialization of indigenous practices. Defensive protection, like archiving of traditional knowledge in databases have proven essential in protecting against the illegal exploitation of this knowledge. On the other hand, positive protection protects the respect of the traditional knowledge owners for their properties and knowledge, and preserves it for younger generations, it includes framing of legal frameworks and international treaties. The progress has been made, yet there are significant ongoing challenges that highlight the need for continued collaboration among governments, communities, and international organisations to create effective and fair systems of protection.

In the end, protection of traditional knowledge is not only about culture and heritage preservation, but it is also about empowering communities to retain control over their intellectual property and to get the rewards from its recognition, that is both ethical and sustainable.

39 WIPO The Protection of Traditional Knowledge: Outline of Policy Options and Legal Elements,

https://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_7/wipo_grtkf_ic_7_6-annex1.pdf (Accessed: 11