Who Came Up With This Idea? The Global Framework to Recognise the Contributions and Rights of Traditional Knowledge-Holders

 

Natural products spring from humans' recognition of useful attributes of biodiversity. A product might be inspired by traditional uses but largely developed via modern science, or derive directly from generations of community innovation and improvement; in either scenario, traditional communities may make a compelling claim that they deserve a share of benefits from commercialisation of a product originating from their culture. This claim is supported by a range of international treaties and national laws – and its denial risks accusations of colonialism and biopiracy. The Convention on Biological Diversity (CBD) requires countries to respect, preserve and maintain the knowledge, innovations and practices of traditional communities with the approval and involvement of the knowledge-holders, and to encourage benefit-sharing. Its new Nagoya Protocol (NP) sets out measures regarding the consent or approval of indigenous peoples and local communities for access to genetic resources and associated traditional knowledge that they hold, and benefit-sharing from utilisation. The NP also promotes the use of community-led measures, such as biocultural community protocols, and voluntary sectoral measures, such as codes of conduct and standards. The CBD and NP provide an international framework, alongside several other processes, but national laws vary widely, as countries have sovereign rights to determine how the resources within their borders may be accessed and take different approaches to indigenous and community rights. While compliance with national laws is essential, actors in the natural products sector must also consider how to work ethically with communities and knowledge-holders, recognise rights and contributions, and share appropriate benefits fairly and equitably.