Protecting Traditional Knowledge
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Protecting Traditional Knowledge

Lessons from Global Case Studies

Evana Wright

Protecting Traditional Knowledge examines the emerging international frameworks for the protection of Indigenous traditional knowledge, and presents an analysis situated at the intersection between intellectual property, access and benefit sharing, and Indigenous peoples’ rights to self-determination.
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Chapter 2: Biopiracy: shared history, different approaches

Evana Wright

Abstract

This chapter presents a comparative analysis of the scope and objectives of the regimes established under the Biological Diversity Act 2002 (India) and Law No. 27811 Introducing a Protection Regime for the Collective Knowledge of Indigenous Peoples Derived from Biological Resources 2002 (Peru). The analysis traces the international and domestic drivers influencing each country including the participation of Indigenous and local communities in the development and implementation of each regime. This chapter identifies the common features of the two regimes that shape the subsequent comparative analysis. Both countries have established access and benefit sharing regimes to achieve their objectives, supported by the use of databases to safeguard and defend traditional knowledge. Furthermore, India and Peru have also established institutions and associated funds that support the governance of their respective regimes for the protection of traditional knowledge.

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