IPR INCLUDING TK AND BD CONSERVATION

Protection, Issues and Possible ways a Head.

A.Saravanan,LL.M-I (IPR),

Symbiosis Law School,Pune

• Introduction to the TK and

BD

• Why IPR includes TK and BD

• TK on BD conservation

• National and International

mechanism

• Suggestions

What this presentation will cover?

Introduction

• IPRs are century old.

• Extension of IPRs are Relatively Recent.

• Culturally oriented or Culturally based.

• Traditional based Works.

• TK includes IK, agricultural knowledge, medicinal knowledge & biodiversity-related knowledge.

Traditional Knowledge

Threats to Tk

TK is being created every day, and evolves as individuals and communities respond to the challenges posed by their social environment.

What is Biological Diversity?

– To regulate access to biological resources.

– To Conserve and sustainable use.

– To protect and rehabile threatened species.

– To respect and protect knowledge of local communities.

Why IPR protection for BD?

Intellectual Property issues

Patents on life?

Disclose sources?

IP and benefit-sharing?

• Implications for collections

– agree, and track, benefit-

sharing terms

Traditional Knowledge on Biodiversity Conservation

• Tribals follow ethics and their TK often helps to conserve Bio-Diversity.

• Over thousands of years local people have developed a variety of vegetation management practices that continue to exist in tropical Asia, South America, Africa and other parts of the world.

Practices in India

• Religious traditions

• Traditional tribal traditions

• Royal traditions

• Livelihood traditions

Continue

• The tribal communities of Meghalaya– Khasis, Garos, and Jaintias.

• The Bhotiya community in western Himalaya.

• Juang and Munda tribes of the Keonjhar district of Eastern India.

• Kani tribes in Southern India.

International Mechanism in Protection of TK and BD:

1) TRIPS:

Art.27.3(b)

2) CBD:

Art.16.5 & Art. 22

3) Nagoya Protocol.

Article 8(j): Traditional Knowledge

• TK must be:

– Respected, preserved and

maintained;

– Promoted, with the

approval and involvement

of the holders

• Benefits arising from TK

must be shared equitably

Indian Initiatives:

1) The Protection of Plant Varieties and Farmers Rights Act, 2001.

2) The Biological Diversity Act, 2002.

Positive Protection

• Recognition of value and promotion of respect for TK systems

• Promotion of equitable benefit-sharing from use of TK.

• Protection of tradition-based creativity and innovation.

Patenting trends in Marine Bio-Diversity

– Pharmaceutical Companies Research.

– mollusks, sharks, male toad fish, sea horse, tuna fish, jelly fish, snails, seaweeds, cyanobacteria, turtles, coral reefs and sponges.

Recommendations and Suggestions

• Common protection worldwide.

• Separate Statute to give legal protection for Traditional Knowledge.

• Incorporate TK and BD as part of curriculum.

• Enhance Traditional Medicines and healing arts in Govt. Hospitals.