Traditional knowledge of biodiversity in Asia-Pacific: problems of piracy & protection

This report examines issues surrounding traditional knowledge of biological resources in the Asia - Pacific region particularly in the context of increased pressure on communities and governments to commoditise and privatise biodiversity. The authors argue that mechanisms to protect traditional knowledge (TK), primarily through intellectual property (IP) rights, are weak and often unsuitable.

The paper begins by summing up the global state of play with regard to TK highlighting the primary actors in IP legislation - WTO, UPOV, WIPO - and the other key bodies involved, namely the Convention on Biological Diversity (CBD), FAO and APEC. It outlines case studies of conflicting interests over control of biological resources and details how governments are tackling TK issues through research, documentation, community initiatives and acknowledgment of the roles of traditional healers and women.

The authors conclude that the unequitable exploitation of TK can be stemmed through:

• increased networking amongst local communities and NGOs
• the development of strong community rights systems
• clear legal measures linked to recognition of indigenous peoples and communities rights
• the recognition and protection, through legal means, of the various initiatives at documenting traditional knowledge
• highlighting alternatives to IPRs
• demanding the review and amendment of TRIPS
• raised awareness and empowerment through education