Workshop on Traditional Knowledge

The knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to biodiversity (traditional knowledge) are legally protected under Article 8(j) of the Convention on Biological Diversity (CBD). They are, however, under serious threat of erosion. Many in indigenous and local communities fear they are losing control of their knowledge and that outsiders are appropriating its benefits. Intellectual property rights (IPRs), as one of the main mechanisms most countries use to allocate rights over knowledge, has a significant role in the relationship between indigenous and local communities, their knowledge, and the other societies with which they interact. Currently, many aspects of IPRs appear to be more or less neutral, but some aspects of IPRs may be contributing to the problem of knowledge loss, while others have the potential to help solve it. As the Conference of the Parties (COP) has recognized in its decisions on intellectual property rights and traditional knowledge, Parties to the CBD need to do further work on the linkages between IPRs and the achievement of the goals of Article 8(j). Part of the work involves clarifying the issues in the current debate. We offer some preliminary efforts at clarification thoughts on this in Part II below. Although IPR currently provides limited incentives to communities, CIEL believes that some for