A/70/279 domain and therefore free for anyone to use, and there is enormous variati on in the ways that States have sought to give effect to indigenous rights connected to patent policy. 39. In 1995, the Principles and Guidelines for the Protection of the Heritage of Indigenous Peoples were presented to the Commission on Human Rights (see E/CN.4/Sub.2/1995/26). Of note are the principles that indigenous peoples’ ownership and custody of their heritage must continue to be collective, permanent and inalienable; that the free, prior and informed consent of the traditional owners or custodians must be a precondition to any agreements for the recording, study, use or display of indigenous peoples’ heritage; and that peoples concerned must be the primary beneficiaries of any commercial application of their heritage (see principles 5, 9 and 10). 40. The 1992 Convention on Biological Diversity and its 2010 Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization contain provisions on traditional knowledge associated with genetic resources held by indigenous and local communities. States must ensure these communities’ prior informed consent, as well as fair and equitable benefit sharing, keeping in mind community laws and procedures and customary use and exchange. 14 41. “Protection” of traditional knowledge or traditional cultural expressions in the intellectual property sense means ensuring that the intellectual innovation and creativity embodied in traditional knowledge and traditional cultural expressions are not wrongly used. It may include protection against misuse or misappropriation, such as copying, adaptation or use by unauthorized third parties, equitable compensation schemes and protection against unfair competition. Requiring inventors to include and make public relevant information about important inputs obtained from communities can be used as a protective mechanism. Such disclosure can serve as a check against misappropriation, and help to determine the scope of benefit sharing due to indigenous groups. 14 42. “Protection” is therefore different from “preservation” and “safeguarding,” which emphasize the identification, documentation, transmission, revitalization and promotion of cultural heritage in order to ensure its maintenance or viability. “Protection,” “preservation” and “safeguarding” are collectively reinforcing and need to be implemented with such awareness, taking into consideration that indigenous and local knowledge systems are in constant evolution. 43. The recognition of the interests of indigenous peoples to maintain, control, protect and develop their intellectual property over their cultural heritage (traditional knowledge/traditional cultural expressions) falls within the wider human rights framework. Accordingly, it too is subject to limitations established to ensure equitable and universal access to the benefits of scientific advancement. For example, important medicines might be classified as traditional knowledge. The right to the benefit of scientific advancement in this context might require that the traditional knowledge be made available to others for the fulfilment of their right to health. __________________ 14 12/26 See UNCTAD, “The Convention on Biodiversity and the Nagoya Protocol: Intellectual Property Implications: A Handbook on the Interface between Global Access and Benefit Sharing Rules and Intellectual Property” (Geneva, 2014). 15-12543