Protection of Traditional Knowledge: Legal Analysis

Abstract

This dissertation examines some of the existing legal regimes for the protection of traditional knowledge and associated genetic resources in order to know whether or not they are suitable and effective in securing the interests of local communities and indigenous peoples. Among the international and regional conventions that will be considered are the CBD, the United Nations Declaration on the Rights of Indigenous Peoples 2007, and the African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources 2000. In addition, the contractual measures relating to the exploitation of traditional knowledge and associated genetic resources, and the position in the Sudan will be examined. The dissertation concludes with some recommendations with a view of filling in the legislative gaps in the national legal framework to ensure effective protection of traditional knowledge and genetic resources and to secure the interests of local communities. These recommendations include the following: (a) Adoption of a national policy and strategy on the protection of traditional knowledge and associated genetic resources. (b) Promulgation of comprehensive regulatory measures, based on the national policy and strategy to be endorsed, and the experiences of some developing countries. (c) Provision of an enabling environment, which secures public participation, accountability and transparency.