Traditional Knowledge, Biodiversity & IP

The conventional intellectual property (IP) system has historically been shaped by Western and European concepts of innovation, creativity, and originality, with implications for the theoretical structures and practical application of IP law. Responding to recent globalising trends in IP law, , developing countries and Indigenous communities have called into question the foundational principles of IP law, advocating greater recognition and respect of traditional knowledge (TK) systems and forms of cultural expression, and equity in the use of genetic resources (GR). This reframing of IP challenges the assumption that such material had 'fallen' into the public domain, free for exploitation without recognition or benefit sharing, akin to terra nullius.