This chapter contains some examples of relevant national legislation, dealing with access to biological resources and protection of traditional medicinal knowledge, in three countries: Costa Rica, Thailand and the Philippines. Costa Rica has tried to integrate many different objectives, and its biodiversity law is, in that sense, the most comprehensive. The Philippines and Thailand have chosen to address a narrower range of objectives; besides, the focus of their respective legislation is quite different.
Table 15 Approximate classification of national examples described below
| |
modifications/supplements |
example(s) |
customary law |
codification/formal recognition of customary law |
• Philippines - Indigenous Peoples Rights Act
• Philippines/Malaysia - Community Protocol |
other civil & public law concepts |
access and benefit sharing agreements |
• Costa Rica - Bioprospecting Agreements |
IPR law |
modification of existing IPR |
• Thailand - Plant Variety Protection Act |
| |
sui generis alternatives |
example(s) |
customary law |
---- |
---- |
other civil & public law concepts |
regulations on biodiversity and/or traditional knowledge; access legislation |
• Costa Rica - Biodiversity Law
• Philippines - Bioprospecting Executive Order |
IPR law |
new IPR categories |
• Thailand - Traditional Medicine Intelligence Act |
Adapted from table 10.
Furthermore, two examples of regional approaches are given, which, again, are quite different with regard to form as well as focus.
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