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Open Access Article 12. Traditional Knowledge Associated with Genetic Resources

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Article 12. Traditional Knowledge Associated with Genetic Resources

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Chapter Summary

Although generally recognized as a cross-cutting issue during the negotiations, traditional knowledge associated with genetic resources has eventually been addressed in various, occasionally stand-alone, provisions in the Protocol. This chapter serves as an overarching and wide-reaching provision enshrining: a general clause concerning indigenous and local communities' customary laws, that is applicable in the implementation of all other obligations under the Protocol; two broadly framed obligations for Parties to support understanding and fairness in ABS transactions involving traditional knowledge; and a prohibition for Parties to restrict communities' customary use and exchange of genetic resources and traditional knowledge that are in accordance with the CBD. It applies in particular to those provisions expressly related to traditional knowledge associated with genetic resources, namely on benefit-sharing, access, the multilateral benefit-sharing mechanism, transboundary cooperation, compliance with domestic ABS frameworks and MAT, awareness-raising and capacity.

Keywords: CBD; customary laws; domestic ABS frameworks; genetic resources; MAT; multilateral benefit-sharing mechanism; traditional knowledge

10.1163/9789004217188_014
/content/books/b9789004217188_014
dcterms_subject,pub_keyword
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