Background, progress and prospect of traditional knowledge under the Convention on Biological Diversity

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

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Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

International Journal of Cultural Property ◽

10.1017/s0940739112000252 ◽

2012 ◽

Vol 19 (3) ◽

pp. 401-422 ◽

Cited By ~ 5

Author(s):

Krishna Ravi Srinivas

Keyword(s):

Informed Consent ◽

Traditional Knowledge ◽

Biological Diversity ◽

Indigenous Communities ◽

Benefit Sharing ◽

Convention On Biological Diversity ◽

Access And Benefit Sharing ◽

Nagoya Protocol ◽

Prior Informed Consent ◽

Knowledge Commons

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

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Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

International Community Law Review ◽

10.1163/18719732-12341269 ◽

2014 ◽

Vol 16 (1) ◽

pp. 3-37

Author(s):

Caroline Joan S. Picart ◽

Marlowe Fox

Keyword(s):

Human Rights ◽

Intellectual Property ◽

Traditional Knowledge ◽

Indigenous Peoples ◽

Biological Diversity ◽

Convention On Biological Diversity ◽

Nagoya Protocol ◽

Trade Law ◽

International Trade Law ◽

Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

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Overcoming epistemic injustices in the biomedical study of ayahuasca: Towards ethical and sustainable regulation

Transcultural Psychiatry ◽

10.1177/13634615211062962 ◽

2022 ◽

pp. 136346152110629

Author(s):

Eduardo Ekman Schenberg ◽

Konstantin Gerber

Keyword(s):

Traditional Medicine ◽

Traditional Knowledge ◽

Indigenous Peoples ◽

Biological Diversity ◽

Therapeutic Potential ◽

Indigenous Rights ◽

Benefit Sharing ◽

Convention On Biological Diversity ◽

Epistemic Authority ◽

Double Blind

After decades of biomedical research on ayahuasca's molecular compounds and their physiological effects, recent clinical trials show evidence of therapeutic potential for depression. However, indigenous peoples have been using ayahuasca therapeutically for a very long time, and thus we question the epistemic authority attributed to scientific studies, proposing that epistemic injustices were committed with practical, cultural, social, and legal consequences. We question epistemic authority based on the double-blind design, the molecularization discourse, and contextual issues about safety. We propose a new approach to foster epistemically fair research, outlining how to enforce indigenous rights, considering the Brazilian, Peruvian, and Colombian cases. Indigenous peoples have the right to maintain, control, protect, and develop their biocultural heritage, traditional knowledge, and cultural expressions, including traditional medicine practices. New regulations about ayahuasca must respect the free, prior, and informed consent of indigenous peoples according to the International Labor Organization Indigenous and Tribal Peoples Convention no. 169. The declaration of the ayahuasca complex as a national cultural heritage may prevent patenting from third parties, fostering the development of traditional medicine. When involving isolated compounds derived from traditional knowledge, benefit-sharing agreements are mandatory according to the United Nations’ Convention on Biological Diversity. Considering the extremely high demand to treat millions of depressed patients, the medicalization of ayahuasca without adequate regulation respectful of indigenous rights can be detrimental to indigenous peoples and their management of local environments, potentially harming the sustainability of the plants and of the Amazon itself, which is approaching its dieback tipping point.

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Power Relations in the Traditional Knowledge Debate: A Critical Analysis of Forums

International Journal of Cultural Property ◽

10.1017/s0940739111000130 ◽

2011 ◽

Vol 18 (2) ◽

pp. 143-178 ◽

Cited By ~ 2

Author(s):

Charles Kamau Maina

Keyword(s):

Traditional Knowledge ◽

Indigenous Peoples ◽

Biological Diversity ◽

Indigenous Communities ◽

World Intellectual Property Organization ◽

Convention On Biological Diversity ◽

Policy Outcomes ◽

United Nations General ◽

The World ◽

International Decade

AbstractAn ongoing debate on the protection of traditional knowledge was prompted by the United Nations General Assembly declaration of the International Decade of the World's Indigenous Peoples in 1995 and the declaration of the Second International Decade in 2004. These two declarations challenged governments and the international community to address, nationally and internationally, issues that affect indigenous communities. One such issue is the protection of traditional knowledge. The three key international multilateral forums that are debating traditional knowledge issues are the World Intellectual Property Organization, the World Trade Organization, and the Convention on Biological Diversity. Using a political economy framework, this study analyzes the policymaking processes and mandates of the three multilateral forums in order to highlight stakeholders' levels of involvement in these processes. The study found that the multilateral forums' power structures, mandates, and decision-making processes disadvantage indigenous peoples and hinder their full participation in the forums' processes. The study recommends establishing a forum that would take into account indigenous peoples' worldviews; otherwise policy outcomes from these discussions will probably disadvantage indigenous peoples.

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Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia

FIAT JUSTISIA ◽

10.25041/fiatjustisia.v11no2.985 ◽

2018 ◽

Vol 11 (2) ◽

pp. 122

Author(s):

Rohaini Rohaini ◽

Nenny Dwi Ariani

Keyword(s):

Developing Countries ◽

Intellectual Property ◽

Genetic Resources ◽

Traditional Knowledge ◽

Biological Diversity ◽

Patent Law ◽

Intellectual Property Right ◽

Benefit Sharing ◽

Convention On Biological Diversity ◽

International Pressure

Genetic Resources is a foundation of human life, as a source of food, industrial raw materials, pharmaceuticals, and medicines. From its utilization may provide a financial benefit to the provider and the user of it. Unfortunately, most of it obtained from developing countries through biopiracy, including Indonesia. Furthermore, in the early 1980s, access and benefit sharing (ABS) to genetic resources became an international issue. It leads to the adoption of the Convention on Biological Diversity (CBD) in 1992. However, since it was approved, the whole ideas of excellence of it could not be implemented, a problem on it still arises. Intellectual property right laws, in certain aspects, are possible for using to protect traditional knowledge from their utilization. However, at the same time, intellectual property regime also becomes “a tool” to legitimate of biopiracy practices. Due to massive international pressure, mostly in developing countries, it proposes two kinds of protections, which are positive protection and defensive protection. This paper will examine one of it, which is positive protection. By using the normative method and qualitative approach, this paper identified at least two kinds of positive protections that we can develop to protect genetic resources related to traditional knowledge, which are optimizing the patent law and developing the sui generis law. Furthermore, it can be done by some revision by adding new substances, an improvement on the articles, or even by doing the deletion on certain articles. Moreover, in order to develop the sui generis law, it identified several minimum elements that shall be contained on it, inter alia: the purposes of protection; scope of protection; criteria of protection; the beneficiaries of protection: the holder of traditional knowledge; the kind of rights to be granted; how the rights acquired; how to enforce it; how the rights lost or expired; and dispute resolution. Keywords: Positive Protection, Genetic Resources, Traditional Knowledge.

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Awareness of the Convention on Biological Diversity and provisions regarding access and benefit sharing among multiple stakeholder groups in Bhutan

Oryx ◽

10.1017/s0030605318000819 ◽

2019 ◽

Vol 54 (5) ◽

pp. 735-742

Author(s):

Sonam Wangyel Wang ◽

Woo Kyun Lee ◽

Jeremy Brooks ◽

Chencho Dorji

Keyword(s):

Rural Communities ◽

Traditional Knowledge ◽

Biological Diversity ◽

National Level ◽

Benefit Sharing ◽

Convention On Biological Diversity ◽

Structured Interviews ◽

Access And Benefit Sharing ◽

Nagoya Protocol ◽

Stakeholder Groups

AbstractAs part of the Convention on Biological Diversity (CBD), the Nagoya Protocol on Access and Benefit Sharing calls for ‘fair and equitable sharing of benefits’ derived from the use of genetic resources and traditional knowledge. However, implementation of the Convention and the Nagoya Protocol has been challenged by the inadequacies of existing policies, lack of national-level frameworks, and inadequate knowledge among stakeholders. We used focus group meetings and structured interviews with rural communities, government representatives, researchers and Members of Parliament in Bhutan to collect data on awareness, knowledge and perceptions of components of the CBD related to access and benefit sharing. Our study indicated generally low levels of awareness about most components of the Convention, particularly among rural residents. Although local people in rural communities feel that benefits derived from local biological resources and traditional knowledge should be shared, there is uncertainty about who owns these resources. These results indicate that there is an urgent need to develop educational and awareness programmes, using a variety of media, to target particular stakeholder groups, with emphasis on residents in rural communities. This could empower local communities to participate meaningfully in decision-making processes to develop Bhutan's national access and benefit sharing framework, and to allow them to benefit from the conservation and sustainable use of local resources.

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Indonesia’s Patent Policy on the Protection of Genetic Resources related Traditional Knowledge; Is it a Synergy to Fulfill the TRIPs agreement and CBD Compliance?

Yuridika ◽

10.20473/ydk.v35i2.16891 ◽

2019 ◽

Vol 35 (2) ◽

pp. 321

Author(s):

Nurul Barizah

Keyword(s):

Genetic Resources ◽

Traditional Knowledge ◽

Biological Diversity ◽

Developed Countries ◽

Trips Agreement ◽

Convention On Biological Diversity ◽

Patent Policy ◽

Related Aspect ◽

Liberal Approach ◽

Living Organisms

This research analyses the compatibility of Indonesian Patent Act with the Trade related Aspect of Intellectual Property Rights (TRIPs) Agreement and the Convention on Biological Diversity (CBD) dealing with Genetic Resources Related to Traditional Knowledge (GRTK). The focus this analyses on whether the new Indonesian Patent Act provides a clear policy on the protection of GRTKF and the development of the biotechnology in Indonesia, particularly on the patentability of genetic resources related inventions, including genes patent. This research found that the new Indonesian Patent Act on GRTK is not only to synergise between the TRIPs Agreement obligation and the CBD compliance, but also adopted patent policies derived from other developed countries particularly in examining the patentability thresholds and exceptions from patentability. Even, in the context of patentability of living organisms, Indonesia adopts a very liberal approach compared to most industrialised countries. This research advises that Indonesian patent policy on GRTK should take into account the richness of this country on biodiversity and the level of biotechnology industry development.

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NOVO TRATAMENTO LEGAL DOS CONHECIMENTOS TRADICIONAIS ASSOCIADOS - DOI: http://dx.doi.org/10.5216/rfd.v41i3.46690

Revista da Faculdade de Direito da UFG ◽

10.5216/rfd.v41i3.46690 ◽

2017 ◽

Vol 41 (3) ◽

pp. 160

Author(s):

Marcelo Tadeu Nascimento ◽

Marco Antonio Barbosa ◽

José Luiz Parra Pereira

Keyword(s):

Traditional Knowledge ◽

Critical Review ◽

Information Society ◽

Information Technologies ◽

Biological Diversity ◽

Raw Material ◽

Convention On Biological Diversity ◽

Economic Exploitation ◽

Brazilian Legislation ◽

Over Time

Resumo: Aborda-se a nova legislação brasileira relativa à proteção dos conhecimentos tradicionais associados, no contexto da sociedade da informação, na qual as tecnologias da informação alteraram a posição dos fatores de produção levando os setores produtivos a demandar maior quantidade de insumos informacionais visando à competitividade, dentre os quais estão os Recursos Bioculturais Imateriais (RBIs), compreendidos como conhecimentos, inovações e práticas, criados e conservados por comunidades culturalmente diferenciadas, relevantes ou não, à diversidade biológica. O objetivo é discutir as alterações legais introduzidas sobre a matéria no Brasil, por meio da Lei nº 13.123 de 2015 e do Decreto regulamentador de nº 8.772 de 2016. O método adotado é o da revisão crítica bibliográfica e legal, bem como da repercussão midiática. Conclui-se que a nova legislação nacional, apesar de acompanhada de discurso oficial no sentido de ser mais protetora dos conhecimentos tradicionais associados, tal entendimento não é pacífico, sobretudo por parte dos detentores dos próprios conhecimentos tradicionais associados, que sustentam que o espírito da Convenção sobre a Diversidade Biológica não foi respeitado e que a nova legislação visou antes favorecer a exploração econômica por parte do mercado. Assim, apenas o acompanhamento de sua implementação ao longo do tempo poderá confirmar ou infirmar a expectativa dos detentores dos conhecimentos tradicionais associados, carecendo, portanto, de maturação e de outras reformas com vistas a tornar-se mais efetiva em favor dos conhecimentos tradicionais associados.Abstract: It is an approach of the new Brazilian legislation regarding the protection of associated traditional knowledge in the information society setting, in which information technologies changed the position of production issues, taking the productive sectors to demand a greater amount of raw material informational in order to competitiveness, among which are the Intangible Biocultural Resources, understood as knowledge, innovations and practices, created and preserved by culturally differentiated communities, relevant or otherwise, to biological diversity. The objective is to discuss the legal changes introduced in this matter in Brazil, through Law 13,123 of 2015 and the Decree No. 8.772 of 2016. The method adopted is bibliographical and legal critical review, as well as media repercussion. It is concluded that the new national legislation, although following by an official speech in order to be more protective of the associated traditional knowledge, is not clear, especially on the part of holders of the associated traditional knowledge, who alleged that the spirit of the Convention on Biological Diversity was not respected and that the aim of new legislation was encourage the economic exploitation by the market. Thus, only the monitoring of its implementation over time can confirm or disprove the expectations of the holders of associated traditional knowledge, thus requiring maturation and other reforms in order to become more effective in favor of associated traditional knowledge.

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Impact of Homa Organic Farming in Mitigating Soil, Water, and other Environmental Crises

International Journal of Plant and Environment ◽

10.18811/ijpen.v6i01.07 ◽

2020 ◽

Vol 6 (01) ◽

pp. 56-67

Author(s):

Ulrich Berk

Keyword(s):

Water Resources ◽

Soil Water ◽

Organic Farming ◽

Traditional Knowledge ◽

Biological Diversity ◽

Modern Science ◽

Convention On Biological Diversity ◽

Ongoing Research ◽

The Impact ◽

Soil And Water

Pollution of the atmosphere, the soil, and water resources are some of the biggest problems of our time, and it affects all areas of life, including agriculture. In this situation, it seems plausible to make use of every method, including traditional knowledge, which may help to overcome these problems (as it was suggested in the Convention on Biological Diversity, also known as the Rio Convention). Homa therapy, a method based on traditional Vedic knowledge, is said to bring nature back to harmony and thus remove pollution from our environment. But this method has to be understood and evaluated in terms of modern science. This will be done in this article. The method will be explained, and then an overview is given of completed and ongoing research into mitigating problems of the pollution of our atmosphere, the soil, and water resources. Also, the impact on agriculture and horticulture will be shown, and there will be suggestions for further research.

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