Indigenous Knowledge Poses Justice Issues

This article form allAfrica.com poses interesting questions about the dilemma faced by less developed nations regarding the commercial exploitation of indigenous knowledge by developed countries for the "good of mankind."

Indigenous knowledge of, say the medicinal properties of plants, does not readily fit within the western tradition of intellectual property right protections. Problems stem in part from the fact that indigenous 'prior art' is not usually documented.

"It only exists in the oral traditions of the people and is passed on from generation to generation. Standard legal practice relating to intellectual property rights requires that documentary evidence of 'prior art' be furnished. This means that claims by indigenous or local communities over certain discoveries are rendered futile owing to this requirement."

In response, some "legal scholars have innovated what is referred to as the sui generis intellectual property rights model, a legal framework that actively recognises community rights to indigenous knowledge of plant species. They argue that once community-based IPRs are recognised, it becomes possible to secure equitably the benefits that accrue from the commercial exploitation of indigenous knowledge in areas such as the development of novel drugs and therapies."