The Intersections of Intellectual Property and Traditional Ecological Knowledge: A Critical Analysis within the Nagoya Protocol Framework
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Abstract
The Convention on Biological Diversity, established in 1992, aims to conserve biodiversity, promote sustainable use of its components, and ensure fair sharing of benefits from genetic resources. However, this international treaty may subject signatory nations, especially biodiverse developing countries, to pre-existing, unequal global trade rules, potentially rendering state sovereignty over biological resources largely symbolic. The principle of "fair and equitable sharing of the benefits of genetic resources" often falls short concerning access, true ownership, and profit distribution. The Nagoya Protocol on Access to Genetic Resources and the Fair and equitable sharing of benefits arising from their utilization attempts to implement these benefit-sharing mechanisms, but its effectiveness in correcting deep-seated imbalances is debatable. This paper analyses the extent to which the Convention on Biological Diversity and the Nagoya Protocol, through 'mutually agreed terms' and market mechanisms, achieve fair benefit-sharing for traditional knowledge holders and empower them. It is hypothesized that the current international biodiversity governance, despite its intentions, perpetuates inequities by commodifying traditional knowledge and favoring economically stronger entities, thus undermining genuine benefit-sharing and the rights of Indigenous Peoples and local communities. The research will critically analyze these agreements' operational realities regarding traditional knowledge and benefit-sharing, assessing their impact on Indigenous rights, using qualitative documentary and discourse analysis. It is anticipated that results will show that implementation often leads to traditional knowledge commodification, disadvantaging its holders due to power asymmetries, highlighting the need for a paradigm shift towards genuinely empowering local communities and integrating their knowledge systems.