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Governance and Micropolitics of Traditional ... - IPRsonline.org

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(nationally <strong>and</strong> internationally). Linked to this is a desired requirement for PIC <strong>and</strong> benefit<br />

sharing when access is facilitated to GRs <strong>and</strong> TK, administered under other departments in<br />

Thail<strong>and</strong>. Sections 3.3, 3.4 <strong>and</strong> 3.5 provide extensive details about research access policies,<br />

alleged biopiracy episodes <strong>and</strong> national laws in Thail<strong>and</strong>. The biopiracy cases discussed<br />

indicate the relevance <strong>of</strong> a DOO requirement, however its practical implementation could<br />

prove to be complicated, <strong>and</strong> there could be difficulties convincing those that oppose a DOO<br />

requirement, including some members <strong>of</strong> DIP <strong>and</strong> the US FTA negotiating team. Section 3.7<br />

indicates that benefit sharing is a secondary concern for experts <strong>and</strong> this is backed up by<br />

comments in interviews <strong>and</strong> field research.<br />

But such technical solutions exist in a knowledge system that seems far from the daily reality<br />

<strong>of</strong> the local groups encountered. Likely to be <strong>of</strong> greater concern for the local communities are<br />

means to be informed <strong>and</strong> to underst<strong>and</strong> how their knowledge resources may be affected<br />

when researchers seek to obtain access. This highlights the need for practical measures <strong>of</strong><br />

PIC. Respect <strong>of</strong> customary laws should be enabled through this process. Actions taken should<br />

go beyond the implementation <strong>of</strong> laws to broader education <strong>and</strong> promotional activities<br />

including the support <strong>of</strong> traditional healers or farmers networks, information dissemination<br />

<strong>and</strong> consultations that filters down to all relevant groups. Appendix Two details a model<br />

guideline for PIC <strong>and</strong> also makes reference to other practical considerations such as a<br />

h<strong>and</strong>book to help inform local communities <strong>of</strong> their rights to PIC, problems associated with<br />

knowledge sharing, <strong>and</strong> issues <strong>of</strong> research access. The h<strong>and</strong>book could be distributed with the<br />

assistance <strong>of</strong> NGOs <strong>and</strong> farmers or traditional healers’ networks <strong>and</strong> could be coupled with<br />

information meetings.<br />

97

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