Global wordings and local meanings: The regulation of traditional knowledge in India and Brazil

Abstract

In many countries of the Global South, indigenous communities have learned how to make use of the local biodiversity. However, their traditional knowledge has aroused the attention of scientists, corporations, and environmental groups. Most of these actors only perceive traditional knowledge as useful raw material for their own purposes and disregard the indigenous customary rights which are associated with its dissemination. The resulting conflicts are shaped by national regulations and an international regime complex of environmental and commercial law. This paper addresses the impact of the international regime complex on national traditional knowledge regulations. It compares the eco-capitalist approach in India with the more inclusive concept in Brazil with regard to their respective political priorities and their effectiveness against the backdrop of international agreements.