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Traditional knowledge (TK) has for centuries played an important role in the lives of indigenous peoples worldwide.1 Such knowledge constitutes a vital part of their cultural heritage, contributes to the sustainable use and preservation of biodiversity, and is fundamental to their sustainable development. However, there has been a growing recognition of the problems associated with the misappropriation and use of TK for commercial (and other) purposes. In particular, the intellectual property (IP) system for patents and copyright has served to enable the taking and use of traditional knowledge by trans-national corporations, with little recourse or remedies available to indigenous and other local communities.
Indigenous and other local communities are not the only ones concerned about misappropriation, however. With the emergence of a global market place, the commercial value derived from traditional knowledge also has the potential to create economic growth opportunities for developing and least developed countries. These countries are thus playing an important role in the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) discussions concerning TK.
The serious problem of misappropriation and the recognition of the value4 of TK have in turn given rise to two general trends. Firstly, developing countries are increasingly pursuing mechanisms aimed at preventing misappropriation and establishing positive obligations for the protection for traditional knowledge.Secondly, indigenous and other local communities are increasingly becoming involved in international fora where discussions on IP and TK are taking place.