Принцип предварительного обоснованного согласия на использование традиционных знаний

Abstract

Corporations make huge profits from the use of traditional indigenous knowledge, but the owners of this knowledge often receive no compensation. This is illustrated by litigation on biopiracy widely discussed in the foreign media. The author argues that the classical mechanisms for protecting intellectual property, which have proven to be effective, are not suitable for protecting the traditional knowledge of indigenous peoples. Transnational companies take advantage of gaps in the legal protection of traditional knowledge, patenting both their own production methods and methods of using plants in medicine, and registering traditional images of tribal peoples as their own designs. Protecting traditional knowledge of indigenous peoples requires the creation of new models of protection, a key element of which is obtaining the prior informed consent of the indigenous community to access and use traditional knowledge.