Sisyphus redivivus? The work of WIPO on genetic resources and traditional knowledge

Author(s):  
Nuno Pires de Carvalho
2020 ◽  
Vol 29 (2) ◽  
pp. 25
Author(s):  
Paweł Gała

<p>Traditional knowledge, including genetic resources of living organisms, especially plants, plays an extremely important role also in the development of modern science and present-day industry. This prompts us to consider the need, scope, and model of legal protection for such knowledge, both for the needs of the communities that create and cultivate it and for the wider public good. The present article includes an analysis of international legal regulations concerning the protection of traditional knowledge, with particular emphasis on the knowledge related to genetic resources, as well as legal works in this field. The considerations cover issues related to the development of the conceptual framework of such legal norms and the foundations of the legal protection of traditional knowledge, in particular the arguments concerning the need for such protection. The article also presents the basic types of intellectual property rights that can be the basis for legal protection of traditional knowledge.</p>


Author(s):  
Noriko Yajima

The problems to establish equitable benefit sharing of Traditional Knowledge (TK) associated with Genetic Resources (GRs) have been one of the main discussions in international negotiations. This chapter analyses how Corporate Social Responsibility (CSR) could contribute to international organizations, national governments, and the private sector protecting TK associated with GRs in indigenous and local communities. This research uses the concept of the United Nations Triple Bottom Line Approach, which promotes balance among economic, environmental, and social imperatives towards sustainable development. This chapter illustrates the responsibility of international organizations by providing legally binding instruments. It also compares different national governments' responses to protect TK associated with GRs. Then, the chapter proposes that Public Private Partnerships (PPPs) could be the key to improving contradictions between legal and voluntary instruments in local communities and national and international governments. The analysis suggests that CSR is coherent with PPPs and might generate environmental, economic, and socio-economic challenges in the private and public sectors.


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