Il Primo Protocollo alla Convenzione europea dei diritti umani e la tutela della proprietà intellettuale di popoli indigeni e comunità locali

The exploitation by scientists and multinational corporations of traditional knowledge (TK) developed by indigenous peoples and local communities is a widespread phenomenon which has attracted much criticism by both international civil society and intergovernmental organisations. In particular, it has been emphasized that TK holders are deeply damaged by the grant of patents (and other sole-rights) to third persons who have realized works of the intellect by improving TK, without obtaining the prior informed consent of TK holding communities and without assuring to them an equitable sharing of the benefits deriving from the commercial exploitation of such knowledge. In the vast literature on TK and human rights, this article aims to explore a scarcely researched area. Notably, it inquires whether, in the evoked circumstances, granting States parties to the First Additional Protocol to ECHR may be held responsible for a violation of article 1 of the said instrument, which guarantees the peaceful enjoyment of property. The authors maintains that TK should be considered a possession under the meaning of article 1 of the Protocol, therefore he investigates if, and to what extent, reasons of public interest may legitimate a deprivation of the detaining communities intellectual property.

Simone Vezzani, Il Primo Protocollo alla Convenzione europea dei diritti umani e la tutela della proprietà intellettuale di popoli indigeni e comunità locali in "DIRITTI UMANI E DIRITTO INTERNAZIONALE" 2/2007, pp 305-342, DOI: