Voracious Intellectual Property Hunting Traditional Knowledge

Abstract

Problems experienced by indigenous peoples in trying to protect their traditional knowledge under intellectual property laws stem mainly from the failure of traditional knowledge to satisfy requirements for intellectual protections. Alternatively, where intellectual property protection could potentially apply to such knowledge, the prohibitive costs of registering and defending a patent or other intellectual property right may curtail effective protection. There has been a clear bias in the operation of these laws in favor of the creative efforts of corporations, for example, pharmaceutical and other industries in industrialized nations. Within the context of scientific progress, modern intellectual property laws have allowed these industries to monopolize the benefits derived from their use of indigenous knowledge with disregard for the moral rights and material (financial) interests of indigenous peoples themselves. Many incompatibilities between traditional knowledge and IPRs have begun to surface with the rapid global acceptance of Western concepts and standards for intellectual property. These incompatibilities appear when ownership of traditional knowledge is inappropriately claimed or traditional knowledge is used by individuals or corporations that belong to local communities, primarily in developing countries. An important purpose of recognizing private proprietary rights is to enable individuals to benefit from the products of their intellect by rewarding creativity and encouraging further innovation and invention. But in many indigenous world-views, any such property rights, if they are recognized at all, should be extended to the entire community. They are a means of maintaining and developing group identity as well as group survival, rather than promoting or encouraging individual economic gain.