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Researcher Name: Jodie Chapell Project Start Date: Project End Date: Contact Details: j.chapell@lancaster.ac.uk Funder: ESRC Background: Background: This project will explore indigenous peoples’ perspectives on the commercialisation of traditional knowledge and plant genetics in Peru. The project forms part of a wider CESAGen initiative ‘Indigenous Peoples and Globalization of Genomics Knowledge in Amazonia’ which is concerned with: analysis of indigenous perspectives on genomics on the local level analysis of key networks through which Amazonian peoples represent their perspectives on genomics exploration of the possible emergence of shared discourses on genomics among Amazonian peoples in a context of globalisation. The outputs of the project will be disseminated through indigenous peoples’ organisations, conferences and workshops, and publications within peer review journals. Project outputs will also contribute to debates surrounding access to genetic resources and benefit sharing under the United Nations Convention on Biological Diversity. Further details: Indigenous voices are indisputably vital in the construction of national, regional and international debates about traditional, or indigenous, knowledges. References to such knowledges have become an important political tool in setting environmental, social and human rights agendas including, importantly, in international regimes, and particularly in the subject of 'Access and Benefit Sharing' as covered by the Convention on Biological Diversity and elsewhere in national and regional fora. Despite the inherent value of indigenous peoples' contributions, as well as their moral rights to participate in and guide discussions over the use of their own knowledges, (and the products and practices associate with them) national and international responses to the question of how best to 'protect' or 'conserve' traditional knowledges have tended to focus on preventing the commercialisation of traditional knowledges through the intellectual property rights system. In Peru, a sui generis system developed in conjunction with Decision 391 of the Andean Community is in place, which seeks (though by no means exclusively) to include the participation of Indigenous, Campestino and Afro-American communities in forming and implementing legislation designed specifically to protect against the theft and loss of their traditional knowledges. The realization of this goal depends at least on two important elements. The first is the negotiation and interrogation of the world patent system for purposes of both obtaining reliable and useful information which in turn increases the influence of Peru and other Megadiverse Countries in international debates and policy-making, and to also to identify (and possibly contest) commercial uses of Peruvian Biodiversity. INDECOPI (The Peruvian Institute for the Defence of Intellectual Property and Competition) are engaged in several activities in this area including the contestation of questionable patents and the compilation of national registers of traditional collective knowledges. Secondly the greater success of Peru's sui generis system of protecting traditional knowledge requires a firm commitment to increase the possibilities for and capacity of indigenous peoples to participate in national policies, strategies and legislation which are designed to protect traditional knowledges, as well as to increase the extent of indigenous peoples' influence in the aforementioned national agendas. An important part of developing a suitable sui generis system in Peru is the continuing development of indigenous and community knowledge conservation projects, and of alternative defences of traditional knowledges which do not rely on existing Intellectual Property Laws. To these ends, much important work is underway and is carried out by a multitude of governmental, non-governmental, and indigenous or community organisations. This research will examine the possible contribution of quantitative global research and qualitative local research in aiding the continued development of a sui generis system traditional knowledge protection in Peru, as well as considering the potential implications of the Peruvian case for other Amazonian/Andean countries. Aims and Objectives: Research Methods: Key Findings: Wider implications for policy: Project Update: Publications: External Links: Further information:
Background:
This project will explore indigenous peoples’ perspectives on the commercialisation of traditional knowledge and plant genetics in Peru. The project forms part of a wider CESAGen initiative ‘Indigenous Peoples and Globalization of Genomics Knowledge in Amazonia’ which is concerned with:
The outputs of the project will be disseminated through indigenous peoples’ organisations, conferences and workshops, and publications within peer review journals. Project outputs will also contribute to debates surrounding access to genetic resources and benefit sharing under the United Nations Convention on Biological Diversity.
Further details:
Indigenous voices are indisputably vital in the construction of national, regional and international debates about traditional, or indigenous, knowledges. References to such knowledges have become an important political tool in setting environmental, social and human rights agendas including, importantly, in international regimes, and particularly in the subject of 'Access and Benefit Sharing' as covered by the Convention on Biological Diversity and elsewhere in national and regional fora.
Despite the inherent value of indigenous peoples' contributions, as well as their moral rights to participate in and guide discussions over the use of their own knowledges, (and the products and practices associate with them) national and international responses to the question of how best to 'protect' or 'conserve' traditional knowledges have tended to focus on preventing the commercialisation of traditional knowledges through the intellectual property rights system. In Peru, a sui generis system developed in conjunction with Decision 391 of the Andean Community is in place, which seeks (though by no means exclusively) to include the participation of Indigenous, Campestino and Afro-American communities in forming and implementing legislation designed specifically to protect against the theft and loss of their traditional knowledges.
The realization of this goal depends at least on two important elements.
The first is the negotiation and interrogation of the world patent system for purposes of both obtaining reliable and useful information which in turn increases the influence of Peru and other Megadiverse Countries in international debates and policy-making, and to also to identify (and possibly contest) commercial uses of Peruvian Biodiversity. INDECOPI (The Peruvian Institute for the Defence of Intellectual Property and Competition) are engaged in several activities in this area including the contestation of questionable patents and the compilation of national registers of traditional collective knowledges.
Secondly the greater success of Peru's sui generis system of protecting traditional knowledge requires a firm commitment to increase the possibilities for and capacity of indigenous peoples to participate in national policies, strategies and legislation which are designed to protect traditional knowledges, as well as to increase the extent of indigenous peoples' influence in the aforementioned national agendas. An important part of developing a suitable sui generis system in Peru is the continuing development of indigenous and community knowledge conservation projects, and of alternative defences of traditional knowledges which do not rely on existing Intellectual Property Laws.
To these ends, much important work is underway and is carried out by a multitude of governmental, non-governmental, and indigenous or community organisations. This research will examine the possible contribution of quantitative global research and qualitative local research in aiding the continued development of a sui generis system traditional knowledge protection in Peru, as well as considering the potential implications of the Peruvian case for other Amazonian/Andean countries.
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