Autochthonous people, traditional knowledge and rights ; PEUPLES AUTOCHTONES, CONNAISSANCES TRADITIONNELLES ET DROITS
The traditional protection systems of intellectual property demonstrate certain inaptitude when it comes to protecting patrimony and the traditional knowledge of indigenous peoples. Even if it is not meant to resolve the whole issue, the reflection about the sui generis protection systems becomes fundamental. This theme frequently collides with even greater difficulties represented by the ancestry of this patrimony and traditional knowledge, by the fact that it can eventually possess collective ownership and also by the diversity of its locations. Other difficulties relate to the sacred, confidential and even secretive aspects of a significant portion of such knowledge. This patrimony and knowledge are currently protected not only by international Declarations and Conventions, but also by internal legal devices, as it is the case of Brazil, which is the country that this research points its main focus to. Nonetheless, this research allows to ascertain that, although the debate, the legislation and the negotiation process is only beginning, in fact, it indicates the real perspectives of the use of classical instruments of protection of intellectual rights, on the one hand, as well as the use of sui generis systems, as it is currently taking place in certain countries, on the other. Clearly, it is essential to take into consideration the particularities of each situation, and that contracted agreements on the usage or access to such knowledge respond to specific ethical demands, always taking into account the vigilant participation of interested parties and the public bodies which must support complementary policies. ; Les systèmes traditionnels de protection des droits de propriété intellectuelle révèlent leurs insuffisances lorsqu'il s'agit de protéger le patrimoine et les savoirs traditionnels des peuples autochtones. Un système de protection sui generis s'avère nécessaire, sans pouvoir cependant tout résoudre. Il se heurte notamment à des difficultés majeures représentées par l'ancestralité de ce patrimoine et ...