The United Nations Declaration on the Rights of Indigenous Peoples, adopted by General Assembly resolution of September 13, 2007, expressly provides for the protection of indigenous peoples’ IPRs .
Thus, Article 31 of the declaration establishes two fundamental precepts:
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognize and protect the exercise of these rights.
As we can see the approach taken by the United Nations remains the strong claims of indigenous peoples intellectual property.
Now, truly protect these rights?