Conclusion......................................................................................................
201
Annexes..........................................................................................................
209
Bibliographie..................................................................................................
236
TABLE DES
MATIÈRES.........................................................................................
247
Abstract
The genetic resources (GR) and the traditional knowledge (TK)
that are associated to it constitute an essential foundation for agriculture
and the world food security. The legal protection of the traditional knowledge
in particular those associated to the genetic resources (TKGR), raise several
primordial questions of environmental, ecological, cultural nature,.... but
especially economic, notably for the developing countries. For paradoxically,
the biggest part of the genetic resources (GR) that biodiversity offers and the
majority of the communities or peoples that are depositories of the knowledge
associated to it, are found in these countries. These last, moreover, don't
withdraw any advantage from the exploitation of these resources and especially
of the associated traditional knowledge. It is the case in Africa, and
therefore of the countries members of the OAPI. To contribute to the protection
of the aforesaid knowledges, a survey of the legal setting for their protection
in the OAPI area's has been made in this long essay. It has enabled to analyze
the different coercive legal or non legal instruments, decreed in the
international and African authorities, but also the law in force in the
countries members of OAPI, however with regards to the negotiations in process
and the proposition in survey at the enclosure of international authorities.
The construction of a legal system, at an international level puts enough
difficulties in some institution's enclosure , because the different parties
defend contradictory interests: the developed countries from where are coming
the powerful enterprises exploiting the TKGR on one hand, and on the other,
the developing countries. The survey of these instruments drives to conclude
that it doesn't exist or, one wouldn't know how to erect an unique or universal
model that permits to protect the TK on their whole, in a way that answers to
the priorities and that corresponds to the legal and cultural environment, as
well as to the needs of the traditional communities of all countries. Our
survey permits to appreciate the different mechanisms already put elsewhere in
work, but also those conceivable and that can permit to assure in the OAPI
area, the effective protection of one or another element of the STARG, in
consideration to their nature and to the rights to protect. Our analysis shows
that the efficiency of the protection depends on the choice of a protection's
system among the different existing or conceivable mechanisms. But this choice
must take into account the specific objectives of the protection and the
accurate items of STARG to protect. These mechanisms, whatever they are, use
either items of classical intellectual property (IP) rights, either items of
sui generis IP rights, or external items to IP which constitute a
distinct sui generis system.
| 
