Genetic resources and traditional knowledge

With the rise of biotechnologies and the globalization of the economy, the genetic resources have become at the same time centers of scientific interest and commercial values. The same goes for the traditional knowledge associated to the use of these resources.

Traditional Knowledge
The definition of "traditional knowledge" is not yet clearly fixed. It includes concepts such as "indigenous knowledge", "folklore", or "traditional medicinal knowledge". This knowledge is not inevitably old, it is in constant evolution, as the communities adapt to their socio-economic and cultural environment.

Genetic resources
The genetic resources are all the organisms which contain genetic material: plants, animals, micro-organisms. The concept of intellectual property on these living presents various aspects:

• If the genetic resources result from a human intervention, and that due to this fact they show new characteristics which one does not find in nature, they are regarded as biotechnological inventions. They are then patentable, provided that they meet the criteria of patentability (invention which is new, inventive, and suitable for industrial application)
• Other genetic resources may be of a great importance for local communities. It is the case for example of a plant variety which is an endemic symbol of an area, or a sacred animal. These resources also form part of a natural and environmental heritage, and play a capital part in the maintenance of biodiversity. They always do not meet the existing criteria of intellectual property, but they deserve nevertheless to be protected.

Debates and challenges
The relation between traditional knowledge, genetic resources and intellectual property currently causes a strong polemic. These debates translate the importance of the material, moral and sometimes sacred interests which are concerned. The industrial applications concern the pharmaceutical, chemical and agricultural sectors.
Many international organizations, including WIPO and WTO, consider today that genetic resources and traditional knowledge must return in the field of protection of intellectual property. Accordingly, the Member States of WIPO created in September 2000 the Intergovernmental Intellectual Property Committee relating to Genetic Resources, Traditional Knowledge and Folklore.
Their discussions have not yet been represented in the Moroccan legislation on industrial property, but that will be the case soon. In some cases are applicable the existing legislations emanating from the Ministry for Agriculture and Fisheries, the rights on the geographical indications and denominations of origin, or the copyright.