Protecting community rights over traditional knowledge

News: Protecting Community Rights over Traditional Knowledge: Key findings, recommendations and case studies, 2005-09 Project Folder: Now available

*******************************

The current system of intellectual property protection designed to promote commercial and scientific innovation, offers little scope for protecting the knowledge rights of indigenous peoples, traditional farmers and healers. Safeguarding this rich knowledge base requires the development of alternative systems, which support the distinct socio-economic, cultural and ecological needs of local resource users.

About this project

Background 

Since January 2005, this action-research project has focused on developing alternative tools to protect traditional knowledge which are rooted in local customary laws rather than based on existing Intellectual Property standards. Existing IPRs (eg. patents, copyrights) are largely unsuitable for protecting rights over traditional knowledge because they provide commercial incentives, whereas traditional innovations are driven primarily by subsistence needs. Survival from nature requires continual access to new knowledge and innovations – ie. collective rather than exclusive rights.

To sustain biodiversity-based lifestyles, communities need to maintain control over their knowledge and related bio-resources and prevent others from unfairly exploiting or appropriating them, while taking advantage of market opportunities themselves. Many communities are facing increasing threats to their resource rights due to the spread of western IPRs (eg. patents and PBRs), often through Free Trade Agreements. IPRs can confer rights over community resources to others (eg. if they are mis-granted or granted too easily) and do not require consent or benefit-sharing when community resources are used by others . Limiting rights to use, sell or exchange a bioresource can be a serious problem if your livelihood depends on it.

Location 

  • Traditional potato varieties of Quechua peoples in Peru;
  • Embera-Kuna medicinal knowledge in Panama;
  • Rice varieties of indigenous farmers in Eastern Himalayas and Chattisgarh, India;
  • Yanadi medicinal knowledge in Chittor District, Andhra Pradesh, India;
  • Traditional maize varieties in Guangxi, China; and
  • Medicinal knowledge of Maasai and Mijikenda communities in Kenya.

 

Aims 

This project explores the customary laws and practices of indigenous and local communities to identify appropriate mechanisms for protecting their resource rights and knowledge systems. It involves participatory research at community level to strengthen local capacity and provide information at local, national and international levels.

We are applying the Code of Ethics of the International Society of Ethnobiology in conducting this research. Our work is grounded in the concept of ‘Collective Bio-Cultural Heritage’. This concept, initially developed by the Asociación ANDES, Peru, recognises the interlinked nature of traditional knowledge, biodiversity, landscapes, culture and customary laws.

Partners 

China Centre for Chinese Agricultural Policy

India Herbal Folklore Research Centre, Ecoserve and Centre for Indigenous Farming Systems

Kenya International Centre for Insect Physiology and Ecology and the Kenya Forestry Research Institute

Panama Fundacion Dobbo Yala

Peru Asociación ANDES

Contact 

Krystyna Swiderska krystyna.swiderska@iied.org

Funded by 

This project is funded by the International Development Research Centre and The Christensen Fund.