Article 7. Access to Traditional Knowledge Associated with Genetic Resources

Abstract

This chapter examines the conceptual difference between State Prior Informed Consent (PIC) over genetic resources and community PIC over traditional knowledge followed by an interpretation of the qualified language of Article 7. From a broader international law perspective, the Protocol further elaborates on United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)'s recognition of the right of indigenous people to maintain, control, protect and develop indigenous peoples' traditional knowledge. The requirement for community PIC concerning traditional knowledge is based on international human rights law. It could also be argued that in cases where no community 'holding' traditional knowledge can be identified, the multilateral benefit-sharing mechanism envisaged by the Protocol could come into play. The chapter concludes that the in-built flexibility of Article 7 also benefits indigenous and local communities in the light of the diverse and unique circumstances under which traditional knowledge is held or owned by these communities.Keywords: benefit-sharing; genetic resources; Nagoya Protocol; Prior Informed Consent (PIC); traditional knowledge; UNDRIP