**4.2 The rights of traditional ecological customary law**

As mentioned previously, indigenous peoples and local communities have developed a comprehensive traditional ecological customary law governing the development, utilization, conservation, and development of biological diversity genetic resources and related traditional knowledge over time through long-term production and life practices. As a result, these traditional ecological customary regulations must be obeyed in the process of protecting and utilizing genetic resources and their associated traditional knowledge. Only in this manner can the interests of all ethnic groups as providers of genetic resources and associated traditional knowledge and their interests in appeals and expectations of applicable rights and interests be preserved to the fullest extent possible. Simultaneously, for external acquirers of genetic resources and associated traditional knowledge, understanding, respecting, and adhering to these traditional ecological customary laws will assist them in obtaining genetic resources and associated traditional knowledge from various peoples legally or ethically, establishing and enhancing long-term mutual trust between acquirers and providers, and laying the groundwork for future cooperation between the two parties. Out of this consideration, the core of the rule of law development and legislation for the conservation of biological diversity genetic resources and their associated traditional knowledge should be to respect and recognize the genetic resources and their associated traditional knowledge rights in traditional ecological customary laws. These rights include two parts: the customary right of biological genetic resources and the customary right of traditional knowledge.

## *4.2.1 Customary rights in biological genetic resources*

For many indigenous peoples and local communities, customary rights are collectively owned, meaning that the associated rights and obligations are collectively shared and undertaken. The traditional faith of many ethnic minorities reckons gods exist in every part of the natural world and the ownership of species and ecosystems containing biological genetic resources belongs to these gods. Misappropriation and exploitation of biological genetic resources have a detrimental effect on minorities economically and culturally and spiritually. Thus, the process of accessing, using, and protecting biological genetic resources is determined by these peoples' distinctive cultures, traditional beliefs, and spiritual values, which are inextricably linked to customary rights regarding biological genetic resources and are defined in customary law. Customary rights relating to the use of biological genetic resources are frequently protected by customary laws such as specialized codes of ethics, ethical standards, and sanctions that help guarantee that persons adhere to the customary rights' rights and obligations. The customary rights of peoples with regard to biological genetic resources have strong spiritual characteristics and are closely linked to the belief systems related to natural resources and ecosystems—the basic values of nature safeguard social justice and the public interest. For example, in the sacred mountain belief of the Tibetan people in Yunnan, China. Human beings, plants and animals have become part of the world with the sacred mountain as the core, and they are jointly protected and punished by the sacred mountain. In the context of this

### *Traditional Ecological Customary Law for Conservation and Sustainability in Biodiversity DOI: http://dx.doi.org/10.5772/intechopen.105918*

symbiotic belief, Tibetan medicine has formed an understanding of the utilization of biological resources of Tibetan medicine, that is, the use of biological resources of Tibetan medicine and its benefits are premised on the permission of the sacred mountain. Therefore, the collection and utilization of Tibetan medicinal biological resources must be informed to the mountain in advance through religious beliefs such as live incense, chanting, Buddhist divination, etc., and pray for and obtain the consent of the mountain.

When Tibetan doctors ask the sacred mountain for permission to collect their medical biological resources, they must inform the sacred mountain through religious ceremonies and discuss the conditions for allowing the collection with the sacred mountain. Tibetan medicine believes that the mountain will accept their conditions in general, and all they have to do is fulfill their obligations.

### *4.2.2 Customary rights to traditional knowledge*

As an important part of national culture, traditional knowledge is passed down from generation to generation among indigenous peoples and local communities and has formed corresponding rights and obligations. Since this traditional knowledge is also divided into different types, the rights and obligations under the corresponding customary rights are also different. According to the rights and obligations, the traditional knowledge of various ethnic groups can be roughly divided into three categories: (1) knowledge in the common or public domain that can be shared publicly; (2) expertise limited to families, clans, or relatives, such as traditional medical knowledge; (3) sacred knowledge that is kept secretly among the whole group, such as elders or priests. But in general, in many ethnic societies, traditional knowledge is seen as the collective heritage of a community or nation, even if the accumulation of knowledge is individual. As a result, individuals cannot assert ownership or property rights over traditional knowledge. Numerous ethnic groups collectively own their customary rights to traditional knowledge, these forms of jointly ownership and administration are critical for preserving and developing traditional knowledge. For example, traditional knowledge about the genetic diversity of crops grown by the Dai and other ethnic groups in Yunnan, China, must be transferred and disseminated within and between villages in order to meet the needs of seed exchange and crop variety renewal. To ensure that villages have access to diverse and higher-quality crop germplasm resources that will help them grow their livelihoods, their customary rights contain a collective solid component.

Similarly, traditional medicinal knowledge is openly shared and practiced within and between villages for the benefit of the community's health and well-being. Even classified information is fundamentally motivated by the goal of helping the ill, not profit. At the moment, in light of economic progress and modern intellectual property rights, some individual knowledge holders are beginning to regard their traditional knowledge as their own property rather than as part of the community. As a result, it is critical to reestablish and reinforce customary communal rights to indigenous knowledge.
