ABSTRACT

Issues of access to genetic resources, the protection of traditional knowledge (TK) and benefit-sharing are of great concern to developing countries. The current system for the protection of intellectual property does not suit the needs of developing countries in this regard. In order to safeguard their interest, developing countries should adopt a sui generis system that meets the needs of indigenous people and other local communities and their knowledge and protects the richness of Southern ecosystems. While acknowledging the risks involved in developing archives of TK and genetic resources, I argue for their creation as a step to defend Southern bio-resources from illicit appropriation. The legal dilemmas and options developing countries are faced with are discussed with a view to establishing the means that can facilitate benefit-sharing and equitable use of ethnobiological resources.