whose knowledge, whose genes, whose rights

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Chapter 1

Whose Knowledge,Whose Genes,Whose Rights?

Stephen B. Brush

Intellectual property enables individuals to gain financial ly from shar-

ing unique and useful knowledge. Compensating indigenous people for

sharing their knowledge and resources might both validate and be an

equitable reward for indigenous knowledge of biological resources.

However, indigenous knowledge, biological resources, intellectual prop-

erty, compensation, and equity are all ambiguous terms. A contentious

debate surrounds these terms and any possible linkage among them.Disagreements exist over the value of di fferent types of knowledge and

biological diversity, their rates of loss, and the choice of conservation

strategies for each. Likewise, conflicting social perspectives must be ad-

dressed concerning the rights of indigenous people, national sovereignty,

common heritage, monopolization of biological and knowledge re-

sources, international relations, and responsibil ity for financing conser-

vation. A goal of this chapter is to review several key terms in this de-

bate: indigenous knowledge, biological resources, compensation, and

equity. A nother goal is to suggest options that might address both con-

servation and equity for indigenous people who are stewards of biolog-

ical resources.—Eds.

Among peasant farmers and tribal inhabitants of the tropical forest are men

and women who are versed in the diversity and uses of local plant life. These

folk perpetuate legacies of cultural knowledge, and they have few peers as

stewards of biological resources. Peasant landscapes and dooryards are often

de facto botanical gardens of incredible complexity—stores of biological di-

versity and nat ural compounds, providing sources of new hybrids. Yet this



1. Whose Knowledge, Whose Genes, Whose Rights? 21

Posey, D . 1985. “ Indigenous Mana gement of Tropical Forest Ecosystems: The Case of

the Kayapó Indians of t he Brazilian Amazon.” Agroforestry Systems 3: 139–58.

Posey, D. 1990. “Intellectual Property Rights and Just Compensation for Indigenous

Knowledge.” Anthropology Today 6:13–16.Redfield, R. 1962. The Li tt le Community, and Peasant Society and Cul ture. Chicago:

University of C hicago Press.

Redford, K. H., and C. Padoch (editors). 1992. Conservation of Neotropical Forests:

Working from Traditional Resource Use. New York: Columbia University Press.

Reid, W. V., S. Laird, C . Meyer, R. G ámez, A. Sitt enfeld, D. Janzen, M. G ollin, and C .

Juma. 1993. Biodiversity Prospecting: U sing Resources for Sustainable Development.

Washington, DC: World Resources Institute.

Rubin, S. M., and S. C. Fish. 1994. “Biodiversity Prospecting: Using Innovative Con-

tractua l Provisions to Foster Ethnobotanical Knowledge, Technology, and C on-

servation.” Colorado Journal of I nternational Environmental Law and Policy 5:23–58.

Salick, J. 1992. “Amuesha Forest Use and Management: An Integration of Indigenous

Use and Natural Forest Management.” In Conservation of Neotropical Forests:

Working from Tradit ional Resource Use, edited by K. H. Redford and C. Padoch,

305–32. New York: C olumbia University P ress.

Schultes, R. E. 1991. “The Reason for Ethnobotanical Conservation.” In The Con-

servation of M edicinal Plants, edited by O. Akerele, V. Heywood, and H. Synge,

65–75. Cambridge: Cambridge University Press.

Schultes, R. E., a nd R. F. Raffauf. 1990. The Healing Forest: Medicinal and Toxic Plants

of the Northwest A mazonia. Portland, O R: D iscordes Press.Sedjo, R. A. 1988. “Property Rights and the Protect ion of Plant Genetic Resources.”

In Seeds and Sovereignty, edited by J. R . Kloppenburg Jr., 293–314. Durham, NC :

Duke University Press.

Sedjo, R. A. 1992. “Property Rights, Genetic Resources, and Biotechnological

Change.” Journal of Law and Economics 35:199–213.

Swan son, T. M., D . W. Pearce, and R. C ervigni. 1994. Appropriation of the Global Ben-

efit s of Plant Genetic Resources for Agriculture: A n Economic Analysis of A lternative

Mechanisms for Biodiversity Conservat ion. Report to the C ommission on Plant Ge-

netic Resources. Rome: FAO.



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