Abstract
Traditional knowledge, generally defined as the long-standing traditions and practices of certain regional, indigenous, or local communities, constitutes a cumulative body of knowledge, know-how, practices, and representations maintained and developed by peoples with extended histories of interaction with the natural environment. Recognition, protection and enforcement of the rights of indigenous communities to have continued access to biological genetic resources is quite related to the principle of sustainable and use of biological diversity crucial not only for the continued sustenance of their culture but also to protect their knowledge, acquired over thousands of years of experimentation and experience, about the uses biological resources can be put to particularly in medicinal and pharmaceutical preparations. The signing of the Convention on Biological Diversity (CBD) in 1992 has brought international intention to intellectual property laws to preserve, protect and promote their traditional knowledge. CBD recognises the value of traditional knowledge in protecting species, ecosystems and landscapes, which are inextricably associated to the sustainable conservation and use of natural resources. On the other hand, the subsequent adoption of the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1994 could be interpreted to contradict the agreements made under the CBD. This paper highlights the efforts to protect traditional knowledge in the midst of the dichotomy between CBD and TRIPS.
Highlights
Traditional knowledge is generally defined as the long-standing traditions and practices of certain regional, indigenous, or local communities encompassing the wisdom, knowledge, and teachings of these communities
Access to traditional knowledge and resources can only be obtained through the free, prior informed consent (FPIC) of indigenous and local communities; and Indigenous and local communities have the right to determine the form of benefit sharing, and use by others can only proceed on the basis of mutually agreeable terms between the custodians or holders of knowledge and resources and external parties
It is obvious that recognizing, protecting and ensuring the rightful place of traditional knowledge within the broader framework of sustainable use and conservation of biological diversity requires a total review of existing legislation pertaining to the rights of indigenous people beyond formal declarations (Shaik & Wan Izatul, 2008)
Summary
Traditional knowledge is generally defined as the long-standing traditions and practices of certain regional, indigenous, or local communities encompassing the wisdom, knowledge, and teachings of these communities. “...developed from experience gained over the centuries and adapted to the local culture and environment, and transmitted orally from generation to generation It tends to be collectively owned and takes the form of stories, songs, artistic expressions, proverbs, cultural events, beliefs, rituals, community laws, languages, agricultural practices, including the development of plant species and animal breeds, traditional know-how relating to architecture, textile-making and handicraft-making, fishery, health and forestry management.”. Each Contracting Party shall, as far as possible and as appropriate ...subject to its national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices.
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