Access to Plant Genetic Resources for Food and Agriculture

Sui generis protection of traditional knowledge of indigenous peoples of the Amazon

“…The overlapping of rights is due to the simultaneous recognition of the rights of different holders by different national legal systems over the same or similar traditional knowledge. 10 Given that a national framework is not suitable to solve this issue, the ultimate solution would be the creation of a regional (supranational) sui generis regime for the protection of traditional knowledge held or shared by indigenous peoples of the various nations within a region, as is the case in the Amazon region, across national borders.…”

“…It is also argued that traditional knowledge held or shared by more than one indigenous people should be protected by a single and unitary sui generis regime on behalf of all indigenous peoples claming such knowledge and 9 Through international agreements some intellectual property rights arising in one jurisdiction may also be enforced in other jurisdictions. 10 Álvaro Zerda-Sarmiento, Derechos de Propiedad Intelectual Sobre Conocimiento Vernaculo (Doctoral thesis, Universidad Nacional de Colombia, 2002) 56. Zerda-Sarmiento notes that norms are promulgated by countries, in consideration of their particular conditions; however, such norms ignore the situation in which many indigenous communities are located on national borders with other countries.…”

“…9 The Amazon region is also the centre of origin of maize, potato, cassava, groundnut, beans and sweet potato. 10 The Amazon rainforest is still largely untouched. Around 25 per cent of its total area has been demarcated as indigenous peoples' lands and a further 25 per cent is covered by areas of nature conservation, such as national parks and ecological reserves.…”

“…The authors mention that the top 15 Megadiversity Countries are: Brazil, Colombia, Indonesia, Peru, Mexico, China, Australia, Ecuador, India, Venezuela, Bolivia, Madagascar, Democratic Republic of the Congo, the Philippines and South Africa. 10 Jack Ralph Kloppenburg and Daniel L. Kleinman, 'Seeds of Controversy: National Property Versus Common Heritage' in Jack Ralph Kloppenburg (ed. ), Seeds and Sovereignty: The Use and Control of Plant Genetic Resources (1988) 182, 182.…”

“…The CBD has devised a perspective that biological diversity should be conserved not only for biological reasons commonly underlying nature conservation, but also for reasons of ethics, economic benefit and human survival. 10 The CBD has recognized the importance of the involvement and participation of indigenous peoples and local communities in the conservation and sustainable use of the biological diversity because of their traditional lifestyle and knowledge, practices and innovations. The CBD opens with a general statement of principles.…”