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Traditional knowledge databases (TKDBs) have been seen as mechanisms for curbing biopiracy in national laws and have been proposed by some countries in international negotiations. This chapter reviews the implementation of TKDBs, by which the protection of traditional knowledge (TK) is withheld in Peru. The selected case study in this chapter illustrates the complexity and multidisciplinary nature of TKDB creation and development. This chapter describes the main arguments raised regarding the creation of TKDBs as means of TK protection. The objective of this article is twofold. It analyses the Peruvian legislative response through the establishment of TKDBs managed by the National Institute for the Defense of Competition and Protection of Intellectual Property and examines how indigenous peoples participate in this initiative through applications to register TK. This chapter argues that the diverse opinions among indigenous peoples concerning TKDBs poses a challenge to governments—namely the need to accommodate indigenous peoples’ views, needs and expectations within the legal systems in a long-term process.

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Indigenous Peoples’ Participation and the Creation of Databases Managed by the Intellectual Property Rights Office in Peru

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  • 发表日期：

    2025年

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  • Yovana Reyes Tagle

摘要

Traditional knowledge databases (TKDBs) have been seen as mechanisms for curbing biopiracy in national laws and have been proposed by some countries in international negotiations. This chapter reviews the implementation of TKDBs, by which the protection of traditional knowledge (TK) is withheld in Peru. The selected case study in this chapter illustrates the complexity and multidisciplinary nature of TKDB creation and development. This chapter describes the main arguments raised regarding the creation of TKDBs as means of TK protection. The objective of this article is twofold. It analyses the Peruvian legislative response through the establishment of TKDBs managed by the National Institute for the Defense of Competition and Protection of Intellectual Property and examines how indigenous peoples participate in this initiative through applications to register TK. This chapter argues that the diverse opinions among indigenous peoples concerning TKDBs poses a challenge to governments—namely the need to accommodate indigenous peoples’ views, needs and expectations within the legal systems in a long-term process.