Examining the Requirements for the Litigation and Mediation of Traditional Knowledge and Associated Genetic Resources Disputes
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Keywords:
Traditional Knowledge, Genetic Resources, Litigation, Mediation, ADRAbstract
Disputes on traditional knowledge and genetic resources between providers and users of these resources often arise from the diversity in cultural perspectives and interests. Every form of dispute resolution has prerequisites. There are requirements to be met to commence each cause of action in the law court. There are also essentials to consider before choosing a peaceful dispute resolution model like mediation. This article examines the requirements mandated by substantive laws that indigenous peoples would contend with if they choose to litigate. On the other hand, mediation seems flexible, attributes like self-determination, voluntariness, confidentiality and neutrality characterise mediation . Parties and mediators should understand and fulfill the legal requirements arising from mediation and the subject matter of the mediation - in this case, traditional knowledge and genetic resources.
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