Protecting Indigenous Traditional Knowledge Through a Holistic Principle-Based Approach

Copyright

2021

This article examines the legal complexity concerning protection of traditional knowledge (TK) held by Indigenous Peoples. Three legal regimes – intellectual property rights (IPR), human rights, and biodiversity – are examined. The recommendation of a principle-based approach to protecting and accessing TK that amalgamates the regime of human rights with the concepts of private property and exclusivity via mainstreaming values, associated with IPRSD holistically, and throughout multiple layers of legal decision-making, is also outlined.