ABSTRACT
The Convention on Biological Diversity 2 (CBD) is considered the most important binding instrument in international law for protection of traditional knowledge associated to genetic resources 3 (TK) (Hahn, 2004, p114). It recognizes the interdependence between the conservation of biodiversity and the protection of local communities and indigenous populations (Preamble). There is a double vulnerability to be protected, as both nature and the culture of local populations are threatened by the way modern economy is expanding. Hence, the CBD recognizes the innovative nature of the knowledge and practices of traditional communities, and recommends their involvement and approval in utilizing such knowledge. In addition, seeking to ground on ethical bases the interactions between traditional peoples and economic market agents (Khor, 2002), the Convention requires a fair and equitable sharing of benefits arising from the commercial uses of TK (Article 8(j)).
