ABSTRACT

Abstract ................................................................................................. 130 4.1 Introduction .................................................................................. 131 4.2 Traditional Knowledge and Biodiversity Prospecting ................. 135 4.3 Traditional Knowledge and Intellectual Property Rights ............. 137 4.4 Traditional Knowledge and Rights of Indigenous People ........... 145 4.5 Indigenous and Local People’s Concerns in the Global

Environmental Agenda ................................................................. 149 4.6 Toward Alternative Regimes ........................................................ 153 4.7 Conclusions .................................................................................. 155 Keywords .............................................................................................. 155 References ............................................................................................. 156

ABSTRACT

Traditional knowledge, embedded in the cultural traditions of regional/ indigenous/local community, includes knowledge about traditional technologies of livelihood, midwifery, ethno, and ecological knowledge that are crucial for the subsistence and survival and are generally based on accumulations of empirical observation and interaction with the environment. In recent years, traditional knowledge has grown tremendously in view of its value to biotechnology, particularly the pharmaceutical, phytomedicinal, nutraceutical, and herbal sectors. Three-fourth of the biologically active plant-derived compounds currently in use have been discovered through follow-up research to verify authenticity of data derived from traditional sources. The conventional intellectual property law does not cover inventions and innovations of indigenous and local people. Their contributions to plant breeding, genetic enhancement, biodiversity conservation, and global drug development are not recognized, compensated, and even protected. Similarly, the traditional knowledge of indigenous and local people is not treated as intellectual property worth protection, while the knowledge of modern scientists and companies is granted protection. Thus, there should be an enormous and solid effort to protect traditional knowledge, and several legal frameworks are being adopted for their protection. Growing interest and catapulting markets in “natural” food, medicinal, agricultural, and body products signals increased research activities into traditional knowledge systems. The patentability of products and/or processes derived from traditional knowledge of indigenous and local people poses a number of critical questions associated with compensation for the knowledge and protection against future uncompensated exchange of the knowledge. The imbalances in the intellectual property system have been created and are sustained by established mechanisms of accessing the modern economic space and power. Indigenous and local people often experience insecure resource tenure, are financially weak, and lack institutional arrangements to safeguard their property rights. In this chapter, we have discussed a burning issue of protecting indigenous and traditional knowledge and practices. We have discussed that the traditional rights should be recognized and they should be given a decisive voice in formulating policies about resource development in their areas.