The law is justified by the need to protect collective knowledge, which cannot be adequately defended by traditional intellectual property mechanisms like patents or copyrights. This knowledge is considered part of the indigenous cultural heritage and is developed from generation to generation, highlighting the importance of an approach that respects collectivity and sharing.
The main objectives of Law 27811 include:
- Promoting respect and preservation of indigenous collective knowledge.
- Ensuring prior informed consent for the use of this knowledge.
- Encouraging the development of mechanisms that allow for benefit-sharing from the use of this knowledge.
- Protecting against biopiracy, which is the unauthorized use of this knowledge.
Protection of knowledge
The law protects knowledge that belongs to indigenous peoples, not specific individuals. This includes knowledge related to biodiversity and its uses. Authorization for the use of this knowledge must be granted by the representative organizations of indigenous peoples.
Protection mechanisms
Collective knowledge can be protected through:
- Contracts: Necessary for access and commercial use of knowledge still under indigenous control.
- Secrets: Protect knowledge that should not be disclosed without consent.
- Registries: There are public and confidential registries administered by INDECOPI, which help document and protect this knowledge.
Rights and benefits
The law grants indigenous peoples the right to take legal action if their knowledge is used without authorization. Furthermore, it establishes that a percentage of the sales derived from the use of this knowledge must be allocated to the Fund for the Development of Indigenous Peoples, which supports comprehensive development projects in these communities.
Law 27811 seeks to create a legal framework that respects and protects the collective knowledge of indigenous peoples, promoting its development and ensuring that they benefit from its use in the modern context.