Protecting community rights over traditional knowledge: implications of customary laws and practices
2006
K. Swiderska
This collaborative research project seeks to assist indigenous and local communities I protecting their rights over traditional knowledge (TK) relating to biological resources, in accordance with their customary laws and practices. The project further aims to inform and influence policy makers at all levels. Case studies from Peru, India, Kenya, China and Panama are used.Some of the conclusions and policy recommendations outlined by the authors include: traditional knowledge that sustains livelihoods and biodiversity is under serious threat from intellectual property regimes and economic processes undermining traditional livelihoodspolicy responses should be holistic and not focus narrowly on intellectual property, but also on rights to associated bio-genetic resources, landscapes, cultural values and customary laws, all of which are vital for sustaining TKpolicy responses should protect what is known as ‘collective bio-cultural heritage’TK should be protected in situ as part of community cultures and territoriespolicy responses should not be consistent with IPR standards designed to protect commercial inventions. Communities’ traditional knowledge is first and foremost for subsistence and is largely held collectivelypolicy responses should be consistent with indigenous customary laws, as well as human rights lawindigenous and local communities must be allowed to participate actively in negotiations for access and benefit-sharing and TK protection
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