Biodiversity, intangible cultural heritage and intellectual property

In 1992, the Convention on Biological Diversity (CBD) signified a paradigm shift in thinking about the "stewards" and "custodians" of biodiversity conservation. In its Article 8 j., the CBD famously included the "traditional knowledge and practices" of local and indigenous communities in its ambit. This chapter examines the paradigm shift in United Nations Educational, Scientific and Cultural Organization (UNESCO) treaties towards recognition of natural and "biocultural" heritage that has taken place since the 1970s. It analyses the interplay of national heritage laws and intellectual property laws, using examples from Asian developing countries. The 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage no longer uses the cultural property terminology. Still, it continues to be used even today, for example in the updated operational guidelines for the 1972 World Heritage Convention, and it remains important because the older conventions are referenced in the more recent ones.