Genetic Resources and Traditional Knowledge
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Genetic Resources and Traditional Knowledge

Case Studies and Conflicting Interests

  • Elgar Intellectual Property and Global Development series

Edited by Tania Bubela and E. Richard Gold

This fascinating study describes efforts to define and protect traditional knowledge and the associated issues of access to genetic resources, from the negotiation of the Convention on Biological Diversity to The Declaration on the Rights of Indigenous Peoples and the Nagoya Protocol. Drawing on the expertise of local specialists from around the globe, the chapters judiciously mix theory and empirical evidence to provide a deep and convincing understanding of traditional knowledge, innovation, access to genetic resources, and benefit sharing.
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Chapter 8: Canada’s First Nations’ Policies and Practices Related to Managing Traditional Knowledge

Peter W.B. Phillips, Sidi Zhang, Tara Williams and Laural DeBusschere

Extract

8. Canada’s First Nations’ policies and practices related to managing traditional knowledge Peter W.B. Phillips, Sidi Zhang, Tara Williams and Laural DeBusschere INTRODUCTION There is increasing policy and commercial interest in using or controlling traditional knowledge (TK) related to genetic resources. In part, this has emerged from a growing recognition that indigenous groups are holders of valuable knowledge and practices that may be used to address problems that face global society in ways that the current Western knowledge system cannot. The use of traditional knowledge and associated genetic resources in modern biotechnology has created a complex tangle of claims over rights, entitlements and expectations of access, ownership and reward. The Director General of United Nations Educational, Scientific and Cultural Organization (Mayor, 1994) defines traditional knowledge: The indigenous people of the world possess an immense knowledge of their environments, based on centuries of living close to nature. Living in and from the richness and variety of complex ecosystems, they have an understanding of the properties of plants and animals, the functioning of ecosystems and the techniques for using and managing them that is particular and often detailed. In rural communities in developing countries, locally occurring species are relied on for many – sometimes all – foods, medicines, fuel, building materials and other products. Equally, people’s knowledge and perceptions of the environment, and their relationships with it, are often important elements of cultural identity. The essence of TK is that it is a cumulative body of knowledge evolved by adaptive processes and passed to...

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