The Peruvian Proposal on the Protection of Traditional Knowledge

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Pacón, Ana María. The peruvian proposal on the protection of Traditional Knowledge. Presentado en: UNCTAD Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge, Innovations and Practices, Geneve, 30 October – 1 November 2000.

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The knowledge of indigenous communities must be considered as a legacy from the past generations to present and future generations. In various laws they are recognized as part of the cultural heritage of indigenous communities. Therefore the communities not only have the right to a fair and equitable distribution of the benefits deriving from the use of their knowledge, but also the right to decide and dispose of it. Thus, they must be able to reserve the right to deny access to their knowledge.
Although the Biodiversity Agreement (CBD) acknowledges the rights of the knowledge possessed in favor of indigenous communities, there are no regulations with regard to the issue. The article proposes a system of protection of genetic resources and traditional knowledge, that should be included in national legislation, as a result of many international and national workshops and seminars.

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