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Intellectual Property Rights and Traditional Knowledge: Biopiracy or Bioprospecting ?
Michael J. Krieger, ETH Zürich
ABSTRACT:
“Biopiracy” is a term used to describe the unauthorized use of traditional communities' knowledge of biological resources. Often, biopiracy is also associated with an unequal share of benefits between a patent holder and the indigenous community whose resource and/or knowledge has been used: the latter may not even benefit at all. Bioprospecting, on the other hand, is a term used by proponents of the commercialization of appropriated biological samples, emphasizing the mutual benefit that results from such transactions. Two international treaties, the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement and the Convention on Biological Diversity (CBD), are employed to address the legal aspects of such prospecting agreements. However, the CBD and the TRIPS agreement have generated considerable friction and uncertainty regarding how to interpret such international contracts. This is no surprise, since the two treaties were created with different goals. The CBD’s focus is to protect biological diversity as "a common concern of humankind," whereas TRIPS promotes private ownership and exploitation of such resources through patents and other means. Harmonization of the two treaties has been slow, and other solutions relating to a more equitable sharing of biological resources have been proposed.
SUGGESTED CITATION:
Michael J. Krieger,
"Intellectual Property Rights and Traditional Knowledge: Biopiracy or Bioprospecting ?"
(2008).
Research Reports.
Working Paper 15.
http://www.bepress.com/ndsip/reports/art15
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