For centuries, developing countries and indigenous communities have been the custodians of a wealth of traditional knowledge, from medicinal plants to cultural expressions. However, this knowledge has often been exploited by developed nations and multinational corporations, a practice known as biopiracy and cultural appropriation. The theft of traditional knowledge has deprived these communities of the rightful benefits and recognition of their intellectual property. In recent years, developing countries have taken significant steps to protect their traditional knowledge and prevent further exploitation.
The Rise of Biopiracy and Cultural Appropriation
The exploitation of traditional knowledge by developed countries and corporations has a long history. In the 1990s, the transition to the World Trade Organization’s (WTO) new intellectual property rights system revealed that many countries, particularly the United States, were filing patents on products that had been part of traditional practices in developing countries for centuries. Examples include turmeric for wound healing, basmati rice for its fungicide activity, and the use of neem as a pesticide. This practice, known as biopiracy, has deprived developing countries and indigenous communities of the rightful benefits and recognition of their intellectual property. Similarly, cultural appropriation has seen fashion brands using traditional patterns in their clothing lines and pharmaceutical companies turning medicinal plants into drugs they can sell.
Developing Countries Fight Back
In recent years, developing countries have taken significant steps to protect their traditional knowledge and prevent further exploitation. India, for instance, has established the Traditional Knowledge Digital Library (TKDL), which has spent decades transcribing and translating information from traditional Indian texts into a database. This database serves as a record of India’s traditional knowledge for patent officers to consult when reviewing patent applications. Other countries rich in biodiversity have also been pushing for disclosure requirements and databases to track the use of their traditional knowledge and genetic resources. These efforts aim to create greater transparency and accountability in the use of traditional knowledge by outside parties.
The WIPO Diplomatic Conference 2024
The current WIPO Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, which began on May 13, 2024, in Geneva, is a significant step forward in the fight against biopiracy and cultural appropriation. The conference focuses on adopting a legal instrument that will require patent applicants in WIPO member states to disclose where they sourced the plant or associated knowledge they want to use, and whether they were given permission to use it. If this treaty passes, the focus will turn to creating clearer definitions for what encompasses traditional knowledge and cultural expression. The conference also aims to establish databases where information on the use of traditional knowledge can be tracked, similar to India’s TKDL.
The Long Road Ahead
While the WIPO Diplomatic Conference represents a significant step forward in the fight against biopiracy and cultural appropriation, there is still a long road ahead. The discussions about legal protections in this realm have been ongoing for more than 25 years, with developing countries and indigenous peoples pushing for IP laws that better protect their local flora, fauna, traditional knowledge, and culture. The existing IP system, such as the patent system or the copyright system, does not adequately address the unique nature of traditional knowledge. Creating a new framework that recognizes and protects traditional knowledge will require continued advocacy and collaboration between developing countries, indigenous communities, and international organizations like WIPO.
Conclusion
The exploitation of traditional knowledge by developed countries and corporations has deprived developing countries and indigenous communities of the rightful benefits and recognition of their intellectual property. However, in recent years, developing countries have taken significant steps to protect their traditional knowledge and prevent further exploitation.
The WIPO Diplomatic Conference 2024 represents a crucial milestone in this ongoing fight. By requiring disclosure of the origin of genetic resources and traditional knowledge used in patent applications, and establishing databases to track their use, the conference aims to create greater transparency and accountability in the use of traditional knowledge by outside parties.
While the road ahead is long, the conference is a significant step forward in the fight against biopiracy and cultural appropriation. It is essential that developing countries, indigenous communities, and international organizations continue to work together to protect traditional knowledge and ensure that its rightful custodians receive the recognition and benefits they deserve.