Traditional/Indigenous Knowledge and Biotechnology

Traditional knowledge (TK) and indigenous knowledge (IK) (used interchangeably) is the knowledge and practices of indigenous peoples and local communities that have been used by them over centuries and transferred from elders to youth as part of their traditional and cultural practices in life situations.

In recent times more and more attention has been given to TK, its potential in the current environment to deal with challenges and innovation. TK has been noted to play a critical role and contribute to issues of health, pharmaceuticals, climate change and intellectual property. TK is dynamic and can be transferred and expressed orally, through stories, legends, rituals, songs and laws. It can also be preserved in artifacts handed from father to son or mother to daughter.

The World Intellectual Property Organization (WIPO) was one of the first of the UN specialised agencies that recognised the importance of TK and look at how to protect it, if not only as a new form of intellectual property right but also as a human right. Based on this WIPO established an intergovernmental committee in 2001 to discuss how it can be protected. The WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources (GR), Traditional Knowledge (TK) and traditional cultural expressions (TCE) Folklore (IGC) is currently negotiating international legal instrument(s) on intellectual property (IP) and GRs, TK and TCEs following the adoption of the Convention on Biological Diversity’s (CBD) adoption of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable sharing of Benefits arising from their Utilization to the CBD (Nagoya Protocol) in 2010. Our consultants have been active participants and negotiators in all of these various international negotiations.

The CBD and the Nagoya Protocol also seeks to protect knowledge, innovations and practices of indigenous communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and any relevant information of innovative policy, administrative and legislative measures that are supportive of customary law and practices. The indigenous and/ or traditional communities have their way of engaging with their environment and its genetic resources, and have for many years utilised the rich biodiversity for sustainability and resilience. It could be added that in the area of biotechnology. The panacea to poverty reduction and wealth creation lies in the challenging task of interfacing indigenous knowledge with biotechnology and life sciences in creating new opportunities and capabilities for wealth creation rooted in the local communities.

Our consultants are actively involved in reviewing and developing legislative and policy frameworks as well as measures to comply with the CBDs Nagoya Protocol. Our work on access and benefit sharing agreements and traditional/indigenous knowledge reflects our ability to work effectively on multi-party projects keeping in mind the needs and interests of indigenous peoples and local communities. We have also well-established reliable partner networks in the Southern African region in the implementation of the Nagoya protocol and in areas of the African continent.