ABSTRACT

The commercial value of genetic resources lies in the information that they hold, and which may be utilized for product development. Proposals for treating traditional knowledge as trade secrets or as knowhow have grown in recent years (eg Vogel, 1997). The Peruvian ICBG agreement includes a licence between Searle & Co and the Aguaruna people of Peru. This licence conditions the use of genetic resources on the continued maintenance in force of the licence for the use of associated knowledge (Tobin, 1997). Licensing offers distinct advantages for maximizing benefit-sharing without the transfer of full property rights over the licensed resources. The biotechnology industry utilizes licensing as one of the main tools of the trade, and its application to protect the rights of providers of genetic resources and associated knowledge is a logical and equitable step.