Intellectual Property Rights in Traditional Knowledge: Enabler of Sustainable Development

Abstract

Traditional knowledge (TK) plays an integral role in supporting sustainable development practices, and can act as an enabler of sustainable development in indigenous and local communities (ILCs) through recognition of intellectual property rights (IPRs). This paper explores points of convergence and divergence, arguing that the application of IPRs to TK held by ILCs can help facilitate sustainable development. An overview of the normative development, including key definitions, relating to sustainable development and TK is offered as background. Contemporary tensions and arguments favouring the application of IPRs to TK are summarised, followed by an analytical reconciliation of points of divergence based on international and domestic legal practices, and a discussion of the role of TK in achieving sustainable development. Recognition of IPRs in TK held by ILCs through a specialised internationally binding instrument could work to reconcile lack of trust, positively incentivise preservation, and act as an equitable enabler of sustainable development.