Free prior informed consent

Symposium 2008

In February 2008, as part of our work on IPRs and biodiversity, we held a symposium at Cowley Manor, kindly hosted by the Sainsbury Family Charitable Trusts. 

The aim of the symposium was to achieve informed debate around the issue of the Intellectual Property Rights (IPR) of indigenous peoples over their natural and cultural heritage, and to address in particular, the concepts of ‘Free Prior Informed Consent’ (FPIC), and Traditional Knowledge (TK).

We brought together a wide range of stakeholders: professionals and representatives from many different backgrounds to use the wide variety of expertise as an intellectual springboard from which we could discuss the topics. Among those in attendance were representatives from Amnesty International, Unilever, Fauna and Flora International, and Kew Botanical Gardens, as well as academics, international lawyers, anthropologists and representatives from various indigenous groups.

Participants brought several different perspectives to the discussion of topics such as how we define the term ‘indigenous’, or the concept of free prior informed consent. Some conclusions arrived at can be seen below. The style of the weekend was informal, to encourage open debate and form a basis from which future discussions in the same vein could continue. We therefore aim to hold symposia regularly. In addition, we are publishing the ideas generated from the first symposium on the website as a resource for all to read and consider, and to which contributions are welcome.

Following the success of the first symposium, The Protimos Cowley Manor Group (PCMG) was formed, and resolved to work towards the following:

Free Prior and Informed Consent

•  Clarification of the place of FPIC in the context of intellectual property rights.

•  Creating a sharper definition of FPIC in a national context (global was deemed too wide).

•  Providing more effective representation of indigenous communities.

•  Ensuring that structures to ensure FPIC have integrity.

1. • Identifying the correct people within traditional communities for consultation, and ensuring observance of requirements for consensus.
   

•  Respect for customary practice.

•  Development of better understanding from a local perspective of issues in each individual case.