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Briefing organized by Tebbteba Foundation
Joji Carino addressed the different mechanisms in place to protect this knowledge; at the top is the World Intellectual Property Organization (WIPO) and at the bottom, customary law. She highlighted the importance for indigenous peoples of the Convention on biological diversity drawn up at the Rio Summit in 1992, which discussing the access of biological resources by the populations. Enforcement of this international agreement is difficult which leads to both positive and negative protection; there also exists a discrepancy between formal and informal systems of enforcement. Agreements made at the World Trade Organization (WTO) have lead to the patenting of microbiological processes and ensures the creation and upholding of indigenous knowledge. Ms. Tauli-Corpuz not only spoke of the UN but other affiliated organizations which served to protect these rights, like the FAO treaty to protect the use of plants for medicinal purposes. However, this is a costly procedure which indigenous peoples are unable to meet; high legal fees restrict their access to international mechanisms of the protection of their knowledge.
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