Traditional Knowledge in Drug Development and the Rights of Indigenous Peoples: A Legal and Ethical Perspective
Author(s): Roshan Lal, Babita Baeraiya, Rashmi Thakur, Rakesh Kumar Gautam, Saurav Narayan*, Deepesh Yadav, Puneet Pathak and Sukanya Singha
Abstract
This paper delves into the intersection of traditional knowledge and drug development, highlighting the critical contributions of indigenous wisdom to pharmaceutical advancements while examining the associated legal and ethical challenges. Traditional knowledge, encompassing centuries of indigenous expertise in medicinal plants and natural remedies, has been instrumental in the discovery of significant drugs, such as aspirin derived from willow bark. Despite the growing global interest in natural products and traditional medicine, indigenous communities face significant challenges in protecting their knowledge and securing their rights against exploitation and biopiracy. The paper critically evaluates the inadequacies of existing Intellectual Property Rights (IPR) frameworks in safeguarding traditional knowledge, addressing the complexities inherent in applying patent laws to such knowledge. It explores relevant international treaties, such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol on Access and Benefit-sharing (ABS), which aim to regulate access and ensure fair compensation for indigenous communities. Furthermore, it examines national legal frameworks in countries like India, Brazil, and Peru, assessing their effectiveness in promoting fair benefit-sharing and protecting indigenous rights. In addition, the paper addresses ethical and legal challenges related to biopiracy and the necessity of obtaining Free, Prior, and Informed Consent (FPIC) from indigenous communities. Through detailed case studies, it highlights both successful and unsuccessful efforts to integrate traditional knowledge into drug development, offering valuable lessons and best practices. The paper concludes with policy recommendations aimed at reforming IPR laws, enhancing international and national mechanisms, and promoting equitable benefit-sharing to ensure that traditional knowledge is utilized responsibly, fairly, and sustainably.
