LANGUAGE IN INDIA

TOWARDS KNOWLEDGE SOCIETIES
A UNESCO REPORT

CHAPTER 9
LINGUISTIC DIVERSITY AND KNOWLEDGE SOCIETIES

The Protection of Traditional Knowledge and Genetic Heritage

Over the past decades, biotechnology, pharmaceutical and health care industries have developed a growing interest in the traditional knowledge held by local and indigenous communities. This knowledge is increasingly integrated to the creation process and industrial production of medicine, chemical products and fertilizers. More often than not, traditional and indigenous knowledge is not sufficiently acknowledged and protected by conventional intellectual property legislation. This issue is therefore under debate in many international institutions, among which are those of the United Nations system (WIPO, UNEP, FAO, UNESCO, the International Labour Organization (ILO) and the WTO.

The Convention on Biological Diversity, adopted by the United Nations Conference on Environment and Development (“Earth Summit”, Rio de Janeiro, 1992) provides the first umbrella agreement addressing both the preservation and use of all biological resources. It is also the first international agreement acknowledging the role and contribution of indigenous and local communities in the preservation and sustainable use of biodiversity. The Convention reaffirms the cornerstone principle of state sovereignty over the use of biological and genetic resources, thus granting states the right to exploit their resources according to their own environmental policies. The Convention, however, holds that the conservation of biological diversity is a “common concern for humankind” and that states have the duty to cooperate in the sustainable management of resources found under their jurisdiction.

The Convention also stipulates that all Member States have a duty to preserve indigenous knowledge and practices. In this respect, it provides a general legal framework regulating access to biological resources and the sharing of benefits arising from their use. Over the past few years, different countries and regions have adopted or modified their national and regional legislation over the protection of biological resources and traditional knowledge: African Union (AU; formerly the Organization of African Unity): A 2000 model law holds that any patent over the genetic sequences of any life form will be rejected.9 This applies to the biological resources and to the indigenous knowledge or technologies of all the Member States. The phrase “biological resources” includes the genetic resources, populations and any other component of the ecosystem.

Andean Pact: A 1996 decision applies to in situ and ex situ genetic resources that could be or are already marketed.

Association of Southeast Asian Nations (ASEAN): A 2000 framework agreement defines “bioprospection” as the search for, or the exploration of, marketable genetic and biological resources.

Philippines: The 1995 bio-prospection law identifies and acknowledges the rights of indigenous cultural communities over local knowledge when it is directly or indirectly submitted to commercial use. All biological and genetic resources are owned by the state.

Australia: A 1999 law recognizes the role of indigenous people in the sustainable conservation and use of biodiversity.

Thailand: A law on the protection and promotion of intellectual property protects existing knowledge on traditional medicine.

Brazil: a 2001 provisional measure states that access to traditional knowledge and genetic resources, as well as its shipment abroad, should only be carried out with the consent of the State, via the Genetic Heritage Management Council (CGEN) created for this purpose.

The law acknowledges the right of local and indigenous communities to develop, hold and preserve the traditional knowledge associated with genetic resources, particularly in the scientific and commercial fields. This law also protects “genetic heritage”, defined as “the information of genetic origin contained in samples of all or part of plant, fungal, microbial or animal specimens, in the form of molecules and substances deriving from the metabolism of such living beings and extracts obtained from such organisms, live or dead, encountered in situ or ex situ on the national territory”.

This is only a brief part of the chapter on LINGUISTIC DIVERSITY AND KNOWLEDGE SOCIETIES. PLEASE CLICK HERE TO READ THE ENTIRE ARTICLE IN A PRINTER-FRIENDLY VERSION.

Use of the Roman Script in India | Segmental Marketing and Language Use in India | Process Or Product: An Explorative/Comparative Study of ESL/EFL Writing Behaviours | UNESCO Universal Declaration on Cultural Diversity | Flowers and Fragrance: Some Considerations about Children's Literature in India | A UNESCO Report on Linguistic Diversity and Knowledge Societies | The Interaction between Field Dependent/Independent Learning Styles and Learners’ Linguality in Third Language Acquisition | Towards Self-Discovery: A Comparative Study of the Lead Characters in Anita Nair's Ladies' Coupé and The Better Man | HOME PAGE OF MAY 2007 ISSUE | HOME PAGE | CONTACT EDITOR