ABSTRACT

BOX 12.8 PROTECTING COLLECTIVE INTELLECTUAL PROPERTY RIGHTS OF INDIGENOUS PEOPLES RELATED TO BIODIVERSITY IN PERU

Brendan Tobin

In October 1999, the Peruvian government published for comment a draft law on the protection of the collective knowledge of indigenous peoples relating to biological diversity. Peru thus became the first country to propose a law establishing a regime to regulate access to, and use of, the collective intellectual property rights of indigenous peoples relating to biological resources. The law is intended to serve three broad purposes, to:

1 protect the respect, protection, preservation, wider application and development of collective knowledge of indigenous peoples;

2 promote fair and equitable distribution of benefits derived from use of collective knowledge;

3 promote the use of this knowledge to the benefit of mankind.