The report noted plant breeder rights are often considered to offer a suitable model which could be adapted to provide Indigenous people international recognition and protection of Indigenous Cultural and Intellectual Property Rights relating to plants. However, Simpson considers that the plant breeders rights are accruing international to large corporations from the North, rather than to local or community groups. Chapter 11 - Recommendations Enactment of a specific Act which provides protection for all Indigenous Cultural and Intellectual Property is preferred over amendments to the Patents Act and the Plant Breeders Rights Act. However, in the event that new legislation is not developed, the Patents Act and the Plant Breeders Rights Act should be amended deny any person or corporation the right to obtain a patent for any element of Indigenous heritage without adequate documentation of the free and informed consent of the Indigenous owners to an arrangement for the sharing of ownership, control, use and benefits. Rights granted under the Patents Act and the Plant Breeders Rights Act should not interfere with the traditional and customary use of Indigenous cultural material.
Indigenous concerns requires investigation.
Where possible, rights should be effected in written agreements. Indigenous human genetic material should not be patentable without the full and informed consent of Indigenous people to an arrangement for sharing ownership, control, use and benefits of any derived intellectual property.