Conocimientos ancestrales y miske: protección jurídica del saber andino y la identidad cultural

Abstract

The recognition of Miske as a Designation of Origin raises key questions about the capacity of legal systems to protect ancestral knowledge that is collective, oral, and culturally rooted. In Ecuador, this traditional beverage derived from Andean agave represents more than a commercial product, as it embodies historical practices, spiritual meanings, and community-based knowledge transmitted across generations. This study explores how the current legal framework addresses this complexity and whether existing mechanisms effectively safeguard the cultural and social dimensions linked to Miske. Through a qualitative legal analysis that combines normative review and interviews with institutional and community actors involved in the designation process, the research identifies tensions between technical regulatory requirements and ancestral modes of knowledge transmission. The article invites reflection on the limits of conventional intellectual property tools when applied to traditional knowledge and examines the potential of combined protection models to reconcile economic valorization with cultural preservation. By analyzing the case of Miske, this study contributes to broader discussions on intercultural legal protection and the future of ancestral knowledge within contemporary legal systems.