ABSTRACT

This chapter describes these issues with reference to legal developments and current events between stakeholders in Thailand. It discusses the framing of traditional knowledge (TK) protection has taken place in the discourse of Western trade-related intellectual property (IP) rights, gaining a high profile in trade and IP fora. Internationally, community rights are currently an undervalued and ill-considered, but also a poorly articulated option, potentially due to the lack of policy space in various international fora and likely due to a host of broader social, cultural and post-colonial factors at national level. TK is highly situated within complex local cultural and environmental conditions and is perpetuated by local practice, which is threatened by a range of often ill-considered factors outside of biopiracy threats. The sub-commissions have stressed the need for adequate protection of the traditional knowledge and cultural values of indigenous peoples. The chapter explains Act represents an important opportunity for Thailand to balance desires for forest and watershed conservation area.