Abstract
Traditional knowledge (TK) plays an integral role in supporting sustainable development practices, and can act as an enabler of sustainable development in indigenous and local communities (ILCs) through recognition of intellectual property rights (IPRs). This paper explores points of convergence and divergence, arguing that the application of IPRs to TK held by ILCs can help facilitate sustainable development. An overview of the normative development, including key definitions, relating to sustainable development and TK is offered as background. Contemporary tensions and arguments favouring the application of IPRs to TK are summarised, followed by an analytical reconciliation of points of divergence based on international and domestic legal practices, and a discussion of the role of TK in achieving sustainable development. Recognition of IPRs in TK held by ILCs through a specialised internationally binding instrument could work to reconcile lack of trust, positively incentivise preservation, and act as an equitable enabler of sustainable development.
Highlights
Recognition of intellectual property rights (IPRs) over traditional knowledge (TK) held by indigenous peoples and local communities (ILCs), Traditional knowledge (TK) associated with biodiversity and genetic resources (GRs), is an important step in actualising sustainable development
This paper explores points of convergence and divergence, arguing that the application of IPRs to TK held by indigenous and local communities (ILCs) can help facilitate sustainable development
Recognition of intellectual property rights (IPRs) over traditional knowledge (TK) held by indigenous peoples and local communities (ILCs), TK associated with biodiversity and genetic resources (GRs), is an important step in actualising sustainable development
Summary
Recognition of intellectual property rights (IPRs) over traditional knowledge (TK) held by indigenous peoples and local communities (ILCs), TK associated with biodiversity and genetic resources (GRs), is an important step in actualising sustainable development. A brief background will be provided to illustrate the increasing trend in international law towards recognition and establishment of protections relating to TK, and to define sustainable development and TK for the purposes of this discussion. Contemporary points of divergence will be summarised to highlight perceived tensions relating to the use of IPRs to govern TK. Arguments favouring recognition of IPRs over TK held by ILCs are put forward to illustrate current legal trends and mechanisms supporting recognition. Critical considerations are provided to reconcile perceived tensions, illustrating the compatibility and importance of recognising IPRs in TK and of vesting ownership with ILCs in operationalising the 2030 development agenda. For sustainable development to become a reality, legal recognition and protection of IPRs relating to TK through the empowerment of ILCs is a prerequisite enabling catalyst
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