1 12 1 https://www.abyayalanews.org/files/original/f547c36664a2b81bb6b206fb3fd68a7e.pdf 09f95fdb565f48d7915b6b9556de2d5a PDF Text Text PERSPECTIVES ON BIODIVERSI TY AND I NTELLECTUAL PROPERTY Amazonian Peoples on Biodiversity and ·tPR Resolutions from the Coordinating Body of Indigenous Communities of the Amazon Basin's Regional Meeting September. 1994, Santo Cruz de Io Sierra. Bo/Mo he Coordinating Body of Indigenous Peoples of the Amazon Basin, repre.seming Indigenous c01nmunities in this region, T which is one of the richest in biodivcrsi 4 ty in the world. will not be excluded from m:aking itS voice hc~trd in respect to this subject. In this regard. the Indigenous com· munities are well aware of the impor· t..'lnce of protecting biodiversity, as well as our knowledge related to it. \Ve know that our 3utonomy and assurance of life with dignity ,,,.m deJ>end on the process· es of comro l. consen•ation and develop· mcm of these resources especially over the next few ye.'\rs. when the world will be discussing the issues of biodiversity. \ Vc must be quite dear that we, 1he Indigenous communities. are the ones entitled to claim proprietary rights to tht..se resources. in spite of increasing claims made by multinational corpora· tions of the Non.h. This situation obliges indigenous people and our organizations to take positions and elaborate strategies rclc· vam to current and future generations. With thJs in mind. COlO \. under the auspices of the UN Dc\'clopmem Program. organized a regional meeting in South America. The conclusions and recommendations of that metting are reprinted below. I. Basic Points Of Agreement 1. Emphasis is placed on the significance of the usc of intellectual propeny systems os a new formula for regulating North-South economic relations in i> \trsuit of colonialist interests.. 2. For Indigenous peoples. the imel- Vol 8 No.4 lcclltal propeny s}'Sicm means legitiJnation of the mis.'l.ppropriation of our peo· pies' knowledge and resources for commercial purposes. 3. All aspects of the issue of intelleat"'ll property (detenuin.'ltion of access tO nation· ~I resources. comrol of the knowledge or cultural heritage of peoples. control of the use of their resources :md regulation of the tenns of exploitation) are aspects of self. detem1ination. For Indigenous peoples, :lCCOrdingly. the ultimate decision on this issue is dependent on self--detenninc'ltion. Positions taken under a tniSiecship regime will be of a shon·teml nature. 4. Biodiversity :md a peoples knowledge arc concepts inherent in the ide."- of Indigenous tenitori:ility. Issues relating to :t<.'C\."'$5 10 t'e:SO\IrctS have to be viewed from this Standpoint. 5. Integral Indigenous territoriality. its recognition (or restormion) and its re<.-onsti· tution. arc prerequisites for enabling the cre:uivc and inven~h'c genius of each Indigenous people tO flourish-and for it to be meaningful to speak of proteaing such peoples. The protection, rcconstlu.uion and development of Indigenous knowledge sy.st~ms call for f~,tnher com.milmerll 1 the 0 effort to have these syStems reappraised by the outside world. 6. Biodi,·ersity and the culture and lmel· leaual property of • people are conctpts that mean Indigenous territoriality. Issues relating to access tO resources. and othe- s. r ha"c to be viewed from lhis standpo~nt. 7. For members of Indigenous peoples. knowledge and dctemlin.1tion or the use of resoun::cs are collective and intergtnera· tior No fndigenous J)OP\Iialion. whether 1.1l. of indhiduals or communities. nor the govemmem. can sell or transfer ownership of resources which are the propeny of the people 3J>d which each generation has on obligation 10 safeguard for the next. 8. Prevailing intellectual propeny systems refle<:t a conception and pma.ice that is; o) colonialist, in th." the instruments of the developed coumries are imposed in order to appropriate the resources of Indigenous peoples; b) mcist. in that it belittles and minimizes the value or our knowledge systems; c) UStlllXItory, in that it is essentially a practice of theft. 9. AdjUSting Indigenous systems to the pre,-ailing ime\lectu.'ll propeny systems (as a world-wide concept and practice) changes the Indigenous reguL1tory systems them· selves. 10. Pot<nts •nd Other intclloxtual propeny rights to fonns of life are wucccptable to Indigenous peoples. 11. It is imponant to prevent conflicts that may ~rise between communities from the transformation of intelleaual property into a means of di\'iding Indigenous unity. 12. There arc some fonnuL-.s that could be used to enh.·mce the value of our prod· uas (brand names, appellations o£ origin), but on the undersro.nding that these are only IY tarkcting possibilities. not entailing monopolies of the product or of ooU ectivc knowledge. There are also some proposals for modifying prevailing imellectual property systems. such as the usc of cenificates of origin. to prevent use of our resources \vith· out our prior consent. 13. \ Ve mUSt prevent the use of current systcnts of intellectual propeny from rot>bing us. through monopoly rights. of resources and knowledge in order to enrich these >)'stems and build up power opposed toou.r own. 14. Work rm~ be conduaed Ol'l the 17 �PERSPECTIVES ON BIODIVERSITY AND INTELLECTUAL PROPERTY design of a protoction and recognition sys· tern whic-h is in accordance with the defense: of our own CO!lception. and mechani.srns mu.st be developed in the shon and medium ICI'JT\ tO prevent appropriation of our t-e:so<trttS ond knowledge. 15. A system of protection ond nlC<>gni· tion or our resources and knowledge rnUSt be designed which is in confonn.ty with our i world view and contains fomlulas that, in the shon and medh.\m tenn, ,...,ilJ pre\'ent the appropriation or our resoUrttS by the countries of the Nonh ond Others. 16. There mliSl be appropri.'le mechanisms for maintaining and ensuring the right of Indigenous peoples to deny indiscriminate access to the resources of our communities or peoples. and making it possibte to contest patents or ocher exclusive rights to what is essentially Indigenous... 17. Dise\tSSions regording intellectual propeny should take place without distract· ing us from priorities such as the struggle for the right to tenitories and self-detennilu~ tion. bearing in mind th.·u the Indigenous popuL·uiott :u"'d the land foml ru1 indivisible unity. II. Short-Term Recommendations J. Identify. analyze and systematically evaluate from the standpoint of the Indigenous world view difiere.Ol <:Omt» nems of the fom>al imelleetual propeny sys· tenlS. including mech..misms, instrumems · and forurns. among which we h.1ve: a) Intellectual propeny mochanisms Patents, Trademark. Authors' rights. Rights of de\'Ciopers or new plant vari· eties. Commercial secretS. lndusui:.ll design. ubels of origin. b) lmell«:tual propcny Instruments The Agreement on Trade-Related lmem.1lional Propeny RightS (TRIPS) of the General 1\greemem on Tariffs and Tr:lde (GA'Ii); The Convention. on Biodive~ty, " 'th special emphasiS on the following aspects: cm•ronmemal impact .1s.sessmems. subsidiary scieotiftc body, technological council, monitoring. nation.1..l studies and protocols, as well as on rightS or fam>ers and ex situ control of genn pl-lsm. which are nOt covered 18 w1der the Convention. c) lmell«:tml propeny forums O¢Hne mechanisms for oonsult.1.tion and exchange of infonntuion betv..·een Indigenous organizations and imemational forums such as the: Tn.-aty for Am..uoni..m Cooperation. Andean Pact. General Agreement on Tariffs and Trade. European Patents Corwenuon. United Nations Commission on SUSI~inable Developmem. Union for the. Protecdon of New Varieties or Plams. V..' rld o Intellectual Propeny Organization (WIPO). lnternatiOMl l-'lbor Organization (ILO). United Nations Commission on Human Rights. 2. E' "luate the possibilities offered by Lhe intemadonotl instruments embodying cuhuml. political. environmental Md other lightS that could be incorporated into a sui genelis le&~l framework for the prot«:tion of lndigcnotiS resou=s and knowledge. 3. DeHne the comem or consultations with such forums. 4. Define the feasibility of using some mechanisms of the prevailing imelleaual property systems. in relation 10 protection of biologicallgenetic resourocs and marketing of nlSO\>rttS. 5. Study the feasibility or alternative systenlS and mechanisms for protecting lndigenous interestS in our own resources and knowledge: sui gcnelis systems for protection of inu::Ueetu."ll propeny; inventors' cenificate. model kgisl-ltion on folklore; new deposit standards for material entering genn pl1.Sm lxmks: commissioner ror imellectu.~ propeny rights; tribunals; bi.lmcral and muhil.:neml contraCtS or oorwentions: m:neria)s transfer agn..""<:nlClliS; biological prospecting: defensive publianiOI'l cenific:ues of origin. 6 . Seek to m.'lke alternative s)'Slems operational " 'thin the shon tem1, by estab· lishing a minimal regulatory framework (for example bilateral comracts). 7. Systemattcally study. or e.\1xmd stud· ies already conducted or. the dynamics or Indigenous peoples. with emphasis on: basis for suscainability (territories. culn.u·e. economy); use or knowledge and r<SOUI"<X$ (col· lecth't ownership systems. community usc of resources): contmunit)'. l'tation.."tl. regional and intem..1tional o~ni.zation:ll bases. These make it possible to create mechanisms wilhin and outside Indigenous peoples cap:W!e of assigning the same value to Indigenous knowledge. ans and crafts as lO western science. 8 . Establish regional and local lnd1ge:rlous ~dvisory bodies on intellectual propcny :Uld biodive~ty " 1th functions involving legal a<h~<e . lllOtlitoring. productjon and disscn\il\.1tion of inJom'l:ation, ~'d production of m.:11erials. 9. 1demify natiorml imcUectual property organiza.tions. especially in areas of biod.i· ""II versit)t lO.ldentify and draw up a timel3ble of forums for discltSSion and exchange or infonnalion on imelleclual propeny ancVor biodiversity. Seek suppon for sending Indigenous dele&~tes to panicipate in such forums. An effon will be nude to obt:tin information wilh a viC\V tO the C\•entual establishment of an lnfomt.1tion, Training and Dissemination Center on Indigenous Propeny at1d Ethical Guides on contraCt ncg<Xiation and model contmclS. Ill. Medium-Term Strategies I. PLm. program. establish timetables and seek finatlCing for the establishment or an Indigenous program for the collective use and protection of biological resourttS and knowledge. This program \\111 be de\-eloped in phases acoording to geographic areas. 2. Plan, draw up timctab!es for and hold seminars and workshops at the com· munity, national and regionol levels on biodive~ty and prevailing imell«:tual propeny systems and altemati\'es. 3. Establish a pctmanem consuhalive mechanism Unkir~s community workers and Indigenous leadel'$. 3S well as :m infor~ matkm net,vork. 4. Train Indigenous leaders in aspectS or imellectual propeny and biodive~ty. 5. Draw 11p ~ Legal Protocol of Indigenous law on the use and community knowledge of biological resourttS. 6. Develop a strntero• for dissemination of this l.eg.1l Protocol at t.he nationol and in lC.m:uional levels. Abya Yala News � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Vol. 8, no. 4 (Winter 1994) Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Amazonian Peoples on Biodiversity and IPR Type The nature or genre of the resource Journal Article Date A point or period of time associated with an event in the lifecycle of the resource Winter 1994 Language A language of the resource English English Zotero Title Amazonian Peoples on Biodiversity and IPR Item Type Journal Article Volume 8 Issue 4 Pages 17-18 Publication Title Abya Yala News: Journal of the South and Meso American Indian Rights Center (SAIIC) ISSN 1071-3182 Date Winter 1994 Language English Abstract Note The Coordinating Body of Indigenous Communities of the Amazon Basin settled on several basic points of agreement regarding indigenous positions and strategies relevant to biodiversity and intellectual property rights issues at a regional meeting in Bolivia. Attachment Title Amazonian_peoples_on_biodiversity_and_ipr.pdf Attachment URL [No URL] Biodiversity Coordinating Body of Indigenous Communities of the Amazon Basin Human Rights Intellectual Property Rights