| Abstract: |
This paper is focused on the links between the protection of Traditional
Knowledge (TK), including origin products, and local economic development in
developing countries. The analytical framework for the paper is based on
Amartya Sen‟s elaboration of “development as freedom” in which development is
seen as a fundamental human rights issue encompassing protective security, the
provision of economic facilities, political freedoms, social opportunities and
transparency guarantees (Sen, 1999). Context is provided by criticism of the
behavior of multinational companies (MNCs) in developing countries, including
allegations of bio-piracy, unfair labor practices and misappropriation of TK
and Genetic Resources (GR) from their owners in combination with the growing
importance of Corporate Social Responsibility as a business imperative for
MNCs as well as civil society activism for human rights in north-south
economic relations. Furthermore, owners and holders of TK and GR frequently
also have to contend with anti-democratic practices and exploitation by their
own governments and local elites thereby underlining the importance of
international economic law (IEL). The paper assesses the current situation
regarding the protection of TK in IEL, particularly regarding promising
initiatives requiring compulsory benefit sharing and prior consultation, with
specific reference to case studies of products from developing countries;
notably, these products have become integrated into global value chains (which
also include MNCs as lead actors). Two particularly relevant cases: argane oil
from Morocco and rooibos from South Africa are discussed in relation to Sen‟s
„development as freedom‟ framework. These contrasting experiences lead to
conclusions being made on the need to strengthen international, regional and
national protective legal systems and political freedoms while at the same
time providing an appropriate level of development support in the
establishment of „economic facilities‟, „transparency guarantees‟ and „social
opportunities‟ in Sen‟s terms, including value chain upgrading and
well-designed technical assistance. |
| Keywords: |
Development as Freedom, Economic Facilities, Geographical Indications, Intellectual Property Rights, Protective Security, Social Opportunities, Traditional knowledge, Transparency Guarantees |