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Revista IUS

Print version ISSN 1870-2147

Abstract

OCMAN AZUETA, Claudia Anait. The Rights of Indigenous Canadian People to Their Traditional Knowledge in the Field of Biotechnology: International Commitments. Rev. IUS [online]. 2011, vol.5, n.28, pp. 311-329. ISSN 1870-2147.

In Canada the indigenous people's rights on traditional knowledge are limited by four reasons, the first one is linked to the ways of conceiving the indigenous peoples from the moment of demarcation and construction of the Canadian State, the second one is related to the juridical tradition based on the common law, the third one to the interests of the State by the biotechnology and the last one to the international signed commitments. Based in these four reasons; this paper exposes the present issue in the recognition of the Canadian indigenous peoples' rights especially in their traditional knowledge in order to contribute to the intention of set out part of the reasons that maintains the international debate.

Keywords : Traditional knowledge; bioprospecting; biotechnology; common law; Land regulations agreements; patents.

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