Protecting traditional knowledge in Australia: what can we learn from India and Peru?

Abstract

Indigenous people and local communities hold, maintain and develop knowledge, innovations and practices that are derived from complex, dynamic knowledge systems intricately linked to culture and place. 1 This 'traditional knowledge' has application in fields such as agriculture, horticulture, fisheries and health 2 and is of cultural, spiritual and economic value to Indigenous and local communities. 3 This value has led to the exploitation and misappropriation of traditional knowledge without the prior informed consent of the Indigenous community that holds the knowledge or the sharing of benefits arising out of its use. The acts of biopiracy have often involved the erroneous grant of patents over traditional knowledge and in response, attempts have been made at an international level to develop and implement mechanisms for the protection of traditional knowledge.The Convention on Biological Diversity ('CBD') 4 provides a framework for the protection of biological resources and associated traditional knowledge utilising an access and benefit sharing regime operating on the principles of prior informed consent or the approval and involvement of Indigenous communities and the equitable sharing of benefits. 5 These principles have been implemented through the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity ('Nagoya Protocol') which entered into force in October ¨ All online sources were last accessed on

The domestic struggle for traditional medical knowledge rights

“…Some developing countries' strategies and measures to address these tensions and challenges can provide valuable insights for China. For instance, Peru has established representative organizations (on behalf of the local communities holding the collective knowledge) to facilitate and coordinate the access arrangements and act as a mediator between those seeking access and the local community; 92 South Africa has taken efforts to digitize traditional knowledge and made them accessible through some online channels as defensive anti-appropriation strategies. 93 Evidence suggests that these measures have made progress in addressing the misappropriation of traditional knowledge (including TMK) within their associated countries or communities.…”