The legal protection of the traditional knowledge of indigenous peoples in the andean community

Abstract

The Andean Community (CAN by its abbreviation in Spanish), an international organization of supranational character is centered on people and regulated by Community Law. It was institutionalized almost 50 years ago. The process of Andean-Amazonian integration initiated more than 5000 years ago with Caral Civilization and occupies the territory of its Member Countries: Bolivia, Colombia, Ecuador and Peru. The Community territory in which more than 200 indigenous people live, whose traditional know-how is recognized by the CAN as part of the development of knowledge in science and technology, which is why its protection is incorporated in the Common Regime on Industrial Property, among other related supranational norms. In this context, the objective of this article is to identify the human rights approach as adequate to protect the traditional knowledge of indigenous people, as these are an expression of their cultural identity, the fundamental right of this group protected by the International Law of human rights. The proposal is from the analysis of the case law of the Court of Justice of the CAN.