Researchers and companies must recognize the rights of holders of traditional knowledge

Traditional knowledge is a critical source of information about the active ingredients of biodiversity species, which is the basis for developing research and products. “Discussing and improving the monitoring of researchers’ and companies’ access to traditional knowledge associated with genetic heritage is fundamental to strengthening the bioeconomy and ensuring the rights of traditional peoples and communities who hold this knowledge,” said Jaqueline Ferreira, Portfolio Manager at Instituto Escolhas and coordinator of the study Monitoring the use of traditional knowledge: how can Brazil push this agenda?, released on October 18.

The research, which investigates access to traditional knowledge associated with genetic heritage (ATK) in Brazil and the mechanism for sharing benefits generated from the use of this knowledge, is being presented by the Instituto Escolhas team to the Genetic Heritage Management Council (CGen) at the Brazilian Ministry of Environment and Climate Change (MMA), in Brasília.

In a data survey of records on the e-platform SisGen (National System for Management of Genetic Heritage and Associated Traditional Knowledge), between November 2017 and December 2022, the study identified 150,538 logins to the genetic heritage and traditional knowledge associated with genetic heritage (ATK). Eighty-seven percent (87%) of those logins account for logins to the database related to genetic heritage not related to traditional knowledge. Only 13% declared they logged in to access traditional knowledge associated with genetic heritage (ATK). However, most did not identify the people or community that held the knowledge.

In the same period, the study identified 19,354 notification records of finished products developed from access to genetic heritage and/or traditional knowledge associated with genetic heritage. Once again, most notifications (91%) refer to products designed exclusively based on genetic heritage, and not on traditional knowledge associated with genetic heritage.

These numbers highlight the problem of non-identification of traditional knowledge associated with genetic heritage, which facilitates the misappropriation of this knowledge. The Amazonian kambô frog (Phyllomedusa bicolor) is an example of the likely misuse of traditional knowledge. The frog’s secretion is used as medicine by several Amazonian indigenous peoples. The substance has eleven patent registrations in countries such as the United States, Canada, Japan, France, and Russia.

Ferreira highlights that, during the research, the Instituto Escolhas discussed with representatives of traditional peoples and communities, scholars, and public authorities to present the premise to be studied and the intermediate results. One of the starting points of the study was the use of a database to monitor access to traditional knowledge and its employment in research and product development.

“We reviewed what the legislation provides and how this tool is used in other countries, such as Peru, India, and Spain. In the end, we proposed a database that can be used to support the Brazilian Ministry of Environment and Climate Change in developing a Brazilian tool for tracking access and monitoring the use of traditional knowledge associated with genetic heritage,” explains Ms. Ferreira.

The proposal was delivered on August 25, 2023 to the Sectorial Chamber of the Biodiversity Guardians, which is linked to the Genetic Heritage Management Council – CGen.

The significance of the database

The Brazilian Law 13123/2015 is critical to understanding the Instituto Escolha’s study and the proposal. Said Law regulates research activities, technological development, or the economical use of finished products or reproductive material resulting from access to genetic heritage and traditional knowledge, following the guidelines of international agreements on this topic.

Eight years after its creation, identifying holders of traditional knowledge associated with genetic heritage is still a bottleneck. Most records of access to genetic heritage on the SisGen electronic platform state that they have not accessed the traditional knowledge associated with genetic heritage, or that the traditional knowledge associated with genetic heritage they have accessed is not identifiable. Information on traditional knowledge already identified is scattered, and bodies responsible for tracking traditional knowledge associated with genetic heritage and monitoring its use do not have adequate tools for systematically checking records and product and patent notifications. A database of traditional knowledge associated with genetic heritage could address this problem. They could include an irregularity-checking tool to support researchers and companies in their research, product development, and benefit-sharing activities.

Due to all these reasons, rolls, inventories, and databases developed in collaboration with the holders of said knowledge are critical instruments for safeguarding this heritage and ensuring its holders’ rights. “The development and implementation of a database is a strategy already provided for in Law. This will allow overcoming said bottleneck and implementing the right of traditional peoples and communities to benefits sharing,” defends the manager of Instituto Escolhas.

Click here and learn about the study.