The Lancet | By Clare Kapp | October 11, 2003
In a delicate balancing act between developing and industrialised countries, the World Intellectual Property Organisation (WIPO) has agreed to intensify efforts to protect traditional knowledge and genetic resources, but stopped short of committing to a full international treaty.
WIPO's General Assembly (Sept 22-Oct 1) authorised "the possible development of an international instrument or instruments", only after a divisive debate. Brazil, Venezuela, and some African countries insisted on an international treaty within 2 years, but industrialised nations wanted a more gradual approach.
Francis Gurry, WIPO's Assistant Director-General and legal counsel, hailed the compromise, which was reached 18 months after the UN agency first began discussions on traditional knowledge and similar issues.
"The agreement is a major step towards the full recognition of the value of the contribution of traditional knowledge", Gurry told The Lancet.
The debate centres on ownership of genetic resources and traditional knowledge. Although indigenous peoples might know of a plant's specific medicinal qualities, they rarely know why it works -- a precondition for being classed as the "inventor" under patent law.
Accusations have flown for years that pharmaceutical companies have exploited indigenous communities for their resources and knowledge.
Although "bio-piracy" continues, Gurry believes the tide may be turning.
WIPO is trying to provide guidance via model contracts, available on the internet, and other materials that can be used by indigenous peoples and their lawyers in negotiations. But given that biodiversity is richest in the remotest regions, this approach has obvious limitations.
"One of the effects of the work to date has been to increase awareness among western enterprises of the importance of respect for traditional knowledge", Gurry said.
For instance, the Kalahari desert's indigenous San people finally signed an agreement in March for a fixed percentage of the royalties paid by Pfizer Inc to the South African Council for Scientific and Industrial Research. The South African laboratory had patented P57, a hunger suppressant found in the Hoodia plant (with potentially vast commercial potential as an antiobesity drug), without acknowledging the traditional knowledge of the San who had used it for centuries to keep hunger at bay during long hunting trips.
WIPO officials hope there will be some form of internationally agreed action on traditional knowledge, folklore, and genetic resources in the next 3-4 years.The Lancet:
