Fisheries Economics

7.8.2 Newness

Indigenous people gathered knowledge passed on over generations and known to at least more than one person. This knowledge was an ‘invention’ when it was gathered or evolved over ages when patent law was unknown and now the law will consider it nothing new in it.

Patent law considers that when an individual comes up with some innovation then granting patenting should be given so that he/she will enjoy exclusive rights which will benefit the society also. It is the reverse way in the case of indigenous people. Cultural knowledge benefits the community which is prioritized over the individual. While market economy focuses an individual to benefit the society, the indigenous people consider society benefits first as this will benefit the individual also ultimately.

Patent law was written by the west for its benefits with least consideration for the resource poor people and indigenous people.

Further, published information is not accepted for granting patent. Many anthropologists’, ethnobotanists and other scholars have been documenting and publishing traditional knowledge in the pretext of research of which the indigenous people don’t know anything. In one way this prevents them in seeking any – use right but such published information could benefit them as MNCs cannot seek rights over such indigenous knowledge.