Access and Benefit Sharing on the Use of Indigenous Traditional Knowledge

Knowledge, innovations and practices that are generated in a unique, tradition-based context from indigenous peoples is termed as traditional knowledge that forms an integral part of indigenous peoples’ social, cultural and spiritual values. Access to various biological resources, fair and equitable sharing of benefits from the use of these resources and TK has become an important agenda after the CBD came into force. The debates are still going on the requirement for institutional mechanisms to regulate the access and benefit-sharing agreements, defining ownership of biological resources and their associated TK. With the advent in recent technologies, TK associated with natural biological resources and their economic and scientific importance has attracted a wide range of private sector stakeholders for their utilization. In the past, TK has often been accessed without the consent of the owners of TK and without sharing the benefits arising out of its utilization. Various measures for the protection of TK, through either adapted intellectual property rights or sui generis systems, are in vain as long as the holders of TK and the specific context in which TK has been generated, transmitted and preserved do not enjoy appropriate protection through the recognition of indigenous peoples’ rights. Indigenous rights can gain strength from progress made and legal standards set in international level elaborating measures for the protection of TK and vice versa. This chapter explores and reports the various negotiations on an international regime on access and benefit sharing in the framework of the Convention on Biological Diversity that provides a forum to push indigenous peoples’ right to their TK.