Traditional knowledge protection and recognition of customary law: Policy issues and challenges. Background Paper

Background Paper prepared for the Planning Workshop on `Protecting community rights over traditional knowledge: Implications of customary laws and practices', London 4-5 May 2004.~This paper explores the policy issues and challenges surrounding the protection of traditional knowledge (TK) relating to biological resources and the recognition of customary law systems. It reviews the commercial use of TK, international and national policy processes, human rights fora and indigenous peoples'/NGO proposals. It is intended to provide background information for project partners. Contents: 1. Introducing key concepts, issues and approaches for TK protection. 2 The commercial use of TK and IPRs. 3. International initiatives for TK protection. 4 National sui generis regimes for TK protection. 5. NGO and indigenous proposals and initiatives for TK protection. 6. Agreements and fora on human rights and indigenous peoples. 7. Protecting TK on the basis of customary laws and practices.