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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: March 16, 20242024-03-16T11:46:47+05:30 2024-03-16T11:46:47+05:30In: Patent Practice

What do you understand by Prior Informed Consent? When this consent is required to be obtained and for what purpose?

What does the term “prior informed consent” mean to you? When and for what reason is this consent needed to be obtained?

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    1. Himanshu Kulshreshtha Elite Author
      2024-03-16T11:47:17+05:30Added an answer on March 16, 2024 at 11:47 am

      Prior Informed Consent (PIC) is a fundamental principle in international law and ethical standards that requires obtaining consent from individuals or communities before engaging in activities that may affect them or their interests, particularly in contexts involving indigenous peoples, local communities, or other marginalized groups. PIC serves to empower these groups, respect their autonomy and self-determination, and ensure that their rights, interests, and traditional knowledge are safeguarded and respected.

      PIC is required to be obtained in various contexts and for different purposes, including:

      1. Research Involving Indigenous Peoples or Local Communities:
        When conducting research activities that involve indigenous peoples or local communities, researchers must obtain PIC from the affected communities before commencing the research. This includes obtaining consent for accessing traditional knowledge, conducting interviews or surveys, collecting biological samples, and using community resources or land.

      2. Development Projects and Resource Extraction:
        In cases where development projects, resource extraction activities, or infrastructure projects may impact the lands, resources, or livelihoods of indigenous peoples or local communities, obtaining PIC is essential. This includes obtaining consent for activities such as mining, logging, dam construction, oil drilling, or agricultural expansion that may affect the environment, ecosystems, or cultural heritage of the affected communities.

      3. Bioprospecting and Access to Genetic Resources:
        PIC is required when bioprospecting or accessing genetic resources in areas inhabited by indigenous peoples or local communities. This involves obtaining consent for collecting plant samples, medicinal plants, or other biological materials, as well as sharing benefits arising from the commercialization or use of these resources.

      4. Intellectual Property and Traditional Knowledge:
        When seeking to use or commercialize traditional knowledge held by indigenous peoples or local communities, obtaining PIC is essential. This includes obtaining consent for patenting inventions derived from traditional knowledge, developing new products or innovations based on traditional practices, or using traditional cultural expressions for commercial purposes.

      5. Conservation and Environmental Management:
        In conservation efforts and environmental management initiatives that involve indigenous peoples or local communities, obtaining PIC is crucial. This includes obtaining consent for establishing protected areas, wildlife reserves, or marine sanctuaries on traditional lands or territories, as well as implementing conservation measures that may affect traditional practices or livelihoods.

      The purpose of obtaining Prior Informed Consent is to uphold principles of respect, equity, and justice in interactions between external actors and indigenous peoples or local communities. By seeking consent before engaging in activities that may affect them, PIC ensures that affected communities have the opportunity to participate in decision-making processes, voice their concerns, negotiate terms, and assert their rights and interests. PIC also promotes transparency, accountability, and trust-building between parties, fostering positive relationships and mutually beneficial outcomes in development, research, conservation, and resource management initiatives. Overall, PIC is an essential mechanism for promoting respect for human rights, cultural diversity, and sustainable development in interactions between different stakeholders.

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