Biodiversity, bioprospecting and patents: a case study of traditional knowledge in French Guiana.

Abstract

Brazil, Peru, Colombia, Venezuela and French Guiana are said to contain the “lungs of the Earth”, because 20% of earth’s oxygen is produced by their vegetation, known as the Amazonian tropical rainforest. French Guiana, a French overseas region, possesses an exceptionally rich biodiversity and wealth of natural resources, shaped by the presence of indigenous peoples through the application of their traditional knowledge. Indigenous peoples have used their knowledge and resources over the centuries, contributing to the conservation and sustainable management of biodiversity and the development of modern science. It is widely acknowledged that natural resources and the associated indigenous knowledge has a significant value for bioprospecting. However, problems associated with the misappropriation of the knowledge of indigenous peoples and natural resources have gained the attention of the international community. Despite the implementation of local measures to monitor and manage access to resources in French Guiana, this research argues that France has failed to enact international commitments within its domestic legislation, or to give adequate protection to its indigenous peoples, creating conditions potentially favourable to the illegitimate appropriation of knowledge and resources. The indivisibility of the French republic is a fundamental tenet of French identity. However, this tenet has harmful repercussions for indigenous French Guianese peoples when it comes to the consideration of the recognition of their rights and their capacity to control their own knowledge and access to genetic resources. In adopting a new French biodiversity policy in August 2016, France guarantees the effective access to genetic resources and the fair and equitable sharing of benefits, and to that extent the regulation of bioprospecting activities. In the light of the Convention on Biological Diversity and the Agreement on Trade- Related Aspects of Intellectual Property Rights, with particular emphasis on the access to genetic resources and traditional knowledge held by indigenous peoples, this research seeks to critically discuss the potential conflicts between intellectual property laws and environmental law related to bioprospecting.