Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Open Access Article 12. Traditional Knowledge Associated with Genetic Resources

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Article 12. Traditional Knowledge Associated with Genetic Resources

Access full text chapter:

  • PDF

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Unraveling the Nagoya Protocol — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation