Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

• Published in: International journal of cultural property Vol. 19; no. 3; pp. 401 - 422
• Main Author: Srinivas, Krishna Ravi
• Format: Journal Article
• Language: English
• Published: New York, USA Cambridge University Press 01-08-2012
• Subjects: Biodiversity; Community; Conventions; Cultural values; Deforestation; Developing countries; Environmental law; Folklore; Free will; Indigenous peoples; Informed consent; Intellectual property; Knowledge; LDCs; Native peoples; Protocol; Public good; SECTION 2: Strategies for Protecting and Sharing; Studies; World Intellectual Property Organization; GREAT BRITAIN
• ISSN: 0940-7391; 1465-7317
• DOI: 10.1017/S0940739112000252

The experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.