Incorporating Traditional Knowledge in an International Regime on Access to Genetic Resources and Benefit Sharing: Problems and Prospects

The Seventh Meeting of the Conference of the Parties (2004) of the Convention on Biological Diversity established a mandate for the negotiation of an international regime on Access to Genetic Resources and Benefit Sharing arising from their utilization. Negotiations have been proceeding and have ent...

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Bibliographic Details
Published in:European journal of international law 2010-05, Vol.21 (2), p.457-475
Main Author: Nijar, Gurdial Singh
Format: Article
Language:English
Subjects:
Biodiversity
Communities
Congresses and Conventions
Expectations
Experts
Genetics
India
Initiatives
International law
Japan
Knowledge
Meetings
Negotiation
Studies
Working groups
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Summary:The Seventh Meeting of the Conference of the Parties (2004) of the Convention on Biological Diversity established a mandate for the negotiation of an international regime on Access to Genetic Resources and Benefit Sharing arising from their utilization. Negotiations have been proceeding and have entered the final phase. Seven working group meetings have been held to date and there is expectation that an instrument will emerge by the final deadline -- the Tenth Meeting of the Conference of the Parties in Nagoya, Japan in October 2010. A key component singled out for inclusion in the international regime relates to the recognition and protection of the rights of indigenous and local communities (ILCs) over their traditional knowledge (TK) associated with genetic resources. The Ninth Meeting of the Conference of the Parties (2008) established a Group of Technical and Legal Experts to assist the Working Group to deal with this issue. The Group met in India in June 2009 and has submitted a report. This article reflects on the key outcomes of this Expert Group report. In particular, it identifies the key issues that need to be considered and resolved for TK associated to genetic resources to form an integral and viable component of the proposed international regime. [PUBLICATION ABSTRACT]
ISSN:0938-5428
1464-3596
DOI:10.1093/ejil/chq036