Article 12. Traditional Knowledge Associated with Genetic Resources

Abstract

Although generally recognized as a cross-cutting issue during the negotiations,¹ traditional knowledge associated with genetic resources has eventually been addressed in various, occasionally stand-alone, provisions in the Protocol.² Article 12 serves as an overarching and wide-reaching provision enshrining: a general clause concerning indigenous and local communities’ customary laws, that is applicable in the implementation of all other obligations under the Protocol;³ two broadly framed obligations for Parties to support understanding and fairness in abs transactions involving traditional knowledge;⁴ and a prohibition for Parties to restrict communities’ customary use and exchange of genetic resources and traditional knowledge that are in accordance