Table of Contents

Indigenous Intellectual Property

Indigenous Intellectual Property

A Handbook of Contemporary Research

Research Handbooks in Intellectual Property series

Edited by Matthew Rimmer

This Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property. Leading scholars consider legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. This collection examines national developments in Indigenous intellectual property from around the world. As well as examining the historical origins of conflicts over Indigenous knowledge, the volume examines new challenges to Indigenous intellectual property from emerging developments in information technology, biotechnology, and climate change.

Chapter 14: The Nagoya Protocol: unfinished business remains unfinished

Achmad Gusman Siswandi

Subjects: law - academic, cultural heritage and art law, human rights, intellectual property law


The tenth Conference of the Parties (COP-10) to the Convention on Biological Diversity (CBD) ended with three major outcomes adopted: the Strategic Plan for Biodiversity, 2011–2020; the Strategy for Resource Mobilisation; and the long-awaited Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization 2010 (Nagoya Protocol 2010). The COP-10 itself was particularly momentous since it took place during the International Year for Biodiversity 2010 declared by the United Nations General Assembly through Resolution 61/203. This document is a manifestation of the the Implementation Plan of the World Summit on Sustainable Development held in Johannesburg, 2002, under which the international community committed that they should achieve a significant reduction in the loss of biological diversity by 2010. Since the adoption of the Implementation Plan, the loss of biodiversity has increasingly become one of the crucial environmental issues that comes to the attention of the international community. This has been mirrored in a number of international fora, particularly the United Nations. For instance, at the High-level Meeting of the General Assembly as a contribution to the International Year of Biodiversity, the President of the 65th session of the General Assembly, H E Joseph Deiss, stressed that: Today, biodiversity is being lost throughout the world, largely as a result of the actions of human beings. Climate change is further worsening this problem. What is more, degradation of many of the essential services rendered by ecosystems is threatening to undermine progress towards the Millennium Development Goals.

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