Traditional Knowledge and Global Lawmaking
49 Pages Posted: 20 Sep 2011
Date Written: September 20, 2011
Abstract
Traditional Knowledge (TK) developed by indigenous peoples and local communities has been widely acknowledged as valuable to human society. TK may contribute to the protection of biodiversity, and development of cultural expression, medicine and industry. TK protection is no longer merely a local matter, but is of increasingly international concern. A number of international institutions have engaged in law-making processes on the protection and preservation of TK. This Article aims to undertake a review and analysis of current global activities, and to explore the legal implications embodied in these instruments. This Article finds that the process is still in a preliminary stage and will keep evolving, and that so far most of the instruments are of soft law character, though the relevant work of the Convention on Biological Diversity (CBD) is moving towards the formulation of a binding instrument on bio-related TK. Upon the holistic nature of TK, each regime has its own specific but limited function. The international community presently lacks a single and comprehensive structure on such protection. Yet, some institutions under the United Nations (UN) system have engaged in cooperation and dialogue that prove complemented and mutual supportive. It remains premature to predict whether the global lawmaking can play a constructive role in facilitating the protection of TK. In addition, to avoid the potential conflict between norms and to consolidate global actions, this Article suggests that relevant international institutions should pursue further harmonization and coordination.
Keywords: Traditional Knowledge, Indigenous Peoples, CBD, ABS, Bonn Guidelines, International Regime, Intellectual Property Rights, WIPO, WTO, TRIPS, Human Rights
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