Books Darrel   Posey  and  G.   Dut	field .  Beyond Intellectual Property: Toward Traditional Resource Rights for Indigenous Peoples and Local Communities.  IDRC, Ottawa, 1996. Michael J.   Balick ,  Elaine   Elisabetsky , and  Sarah   Laird  (eds.).  Medicinal Resources of the Tropical Forest: Biodiversity and its Importance to Human Health.  Columbia University Press, New York, 1996.

Research on indigenous knowledge has resulted in innumerable benefits to the Outsider(s). Indigenous peoples should be compensated in return. This article argues for integrating compensation and empowerment into the heart of the research process itself rather than viewing them as post-project undertakings. "Rights to the Benefits of Research" (RBR) is proposed as a unifying term to coalesce ideas of compensation for benefits to the Outsider(s) obtained from a noncommercial research process. In contrast, compensation of indigenous peoples via "Intellectual Property Rights" (IPR) is seen as predicated primarily upon commercial benefits. A strategy to implement RBR based on ethical guidelines and indigenous peoples' empowerment is suggested. A participatory ethnobotanical research project conducted in Ecuador serves to illustrate benefits for which compensation would fall under RBR but not IPR. The project involved the local communities in documenting their oral knowledge of medicinal plants in a written form, primarily for themselves. It is assessed along extractive, compensatory, and empowering tendencies through post-project self-reflection. The article posits that the conservation of indigenous knowledge for and by the local peoples could have positive implications for protecting their intellectual property from predations by the Outsider(s).

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Traditional Knowledge, Indigenous Peoples, and Local Communities

10.1093/oxfordhb/9780198758457.013.33 ◽

2017 ◽

Author(s):

Susy Frankel

Keyword(s):

Intellectual Property ◽

Traditional Knowledge ◽

Indigenous Peoples ◽

Local Communities ◽

Minimum Level ◽

Short Term ◽

Practical Matter ◽

Ip Law ◽

Level Of Agreement

This chapter situates the claims for protection of traditional knowledge in the international intellectual property (IP) context. Drawing on examples, it discusses the meaning of “traditional knowledge” and how the goals and means of protecting that knowledge do not fit within the framework of IP law. In order to address the overlap with IP and provide protection against misuse of traditional knowledge, a number of international bodies have been involved in negotiations and treaty drafting. The chapter discusses those developments, and concludes that even though international resolution looks unlikely in the short-term, the protection of traditional knowledge will continue to feature in international IP debates until a minimum level of agreement at least reached. In order to attain such agreement, there needs to be relevant national laws and, as a practical matter, sufficient investment in the innovation of traditional knowledge in order to deliver the value of protection to its holders.

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Forbidding the Tragedy of Commons; Conserving Indigenous Knowledge through Indigenous Peoples and Local Communities Entitlement for Future Generations from the Perspectives of Intergeneration Justice

International Journal of Engineering & Technology ◽

10.14419/ijet.v7i3.30.18210 ◽

2018 ◽

Vol 7 (3.30) ◽

pp. 99

Author(s):

Al-Hanisham Mohd Khalid ◽

Rohaida Nordi ◽

Safinaz Mohd Hussein

Keyword(s):

Intellectual Property ◽

Indigenous Knowledge ◽

Traditional Knowledge ◽

Intellectual Property Rights ◽

Indigenous Peoples ◽

Local Communities ◽

Future Generations ◽

The Core ◽

Core Issues

Conserving indigenous knowledge (IK) has long been discussed in international fore for more than five decade. The core issues is there is unanimity among scholars, governments, indigenous peoples and local communities on whether and how issue of IK could be harmonise within intellectual property rights law framework particularly copyrights. This paper aims to highlight the issues of conserving indigenous knowledge since indigenous knowledge does not belong to one generation but all generations. Discussion will embark on from the perspective of intellectual property jurisprudence through the works of Henry Reynolds, James Tully and Will Kymlicka. The outcome of this paper demonstrates promising thought into the role of intergeneration justice in protecting indigenous peoples in Malaysia. It is the contention of this paper that perhaps such conditions could apply to traditional knowledge too in addressing the plight of indigenous peoples.

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Pharmaceuticals and Forests Medicinal Resources of the Tropical Forest: Biodiversity and Its Importance to Human Health Michael J. Balick Elaine Elisabetsky Sarah A. Laird

BioScience ◽

10.2307/1313274 ◽

1998 ◽

Vol 48 (3) ◽

pp. 213-214

Author(s):

Bradley C. Bennett

Keyword(s):

Tropical Forest ◽

Human Health ◽

Forest Biodiversity

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Medicinal resources of the tropical forest: biodiversity and its importance to human health

Choice Reviews Online ◽

10.5860/choice.34-0300 ◽

1996 ◽

Vol 34 (01) ◽

pp. 34-0300-34-0300

Keyword(s):

Tropical Forest ◽

Human Health ◽

Forest Biodiversity

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A Review of intellectual property rights: The weak link with the African Traditional knowledge

The Journal of Healthcare Ethics & Administration ◽

10.22461/jhea.1.71632 ◽

2021 ◽

Vol 7 (4) ◽

pp. 1-11

Author(s):

Jonai Wabwire

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Traditional Knowledge ◽

Intellectual Property Rights ◽

Indigenous Peoples ◽

Weak Link ◽

Local Communities ◽

International Level ◽

Cultural Participation ◽

Governmental Organizations

Protecting traditional knowledge (TK) has been acknowledged in various discussions under the umbrella of a number of inter-governmental organizations that deal with biodiversity, the environment, indigenous peoples’ rights, human rights, among others. It has, however, been difficult to arrive at a consensus on the proper modality that can serve the needs and desires of Indigenous and Local Communities (ILCs) in their economic and cultural participation. The paper examines the requirements for the protection of TK and explores the modalities of TK protection at the international level for regulating the control of, access to and utilization of biodiversity associated with it. It is argued that any modality of TK protection should incorporate defensive and positive protection that address gaps in protecting TK. Protection of TK should, therefore, involve identifying different modalities, including those based on Intellectual Property, to fit the nature and use of TK in particular contexts. The paper makes a case for a shift in strategy for protecting TK by adopting pluralistic modalities that address the protection needs of ILCs, depending on the purpose and the context in which the knowledge is practiced.

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