Professional Documents
Culture Documents
INDIAs EFFORTS
THE CONTEXT
Significance of TK Protection
TK valuable in global economy,
Important for biotechnology based industries industry
and agriculture,
Traditional societies depend on it for their food and
healthcare needs,
Important for conservation and sustainable
development of environment and management of
biodiversity,
Food security of the country is linked to protection of
TK
Need to enable tribsl communities to harness TK for
their economic uplift and growth Fast mobility of
tribal societies
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THE CONTEXT
THE CONTEXT
International Initiatives for Protection of TK
Other Bodies
FAO ITPGRFA
UNCTAD
ILO Convention - No. 169 of 1989
UN Sub-Committee on the Protection and Promotion of
Human Rights Working Group on Indigenous
Populations
UN Convention to Combat Desertification
IGC Draft provisions list the issues to be considered by
policy makers while considering the form and means of
protection at national, regional and international level
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SUMMARY OF INTERNATIONAL
INITIATIVES
.
Developed Countries prefer
National/Regional Initiatives
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Collective ownership of TK
Documentation of TK, establishing systems for access and
benefit sharing in relation to GRs, creation of a community
knowledge fund for these purposes, and human resource
development
Proposed model legislation on TK, mechanisms, contractual
terms and practices, regulating access to and benefit sharing in
GRs, protection and conservation - a model relevant for
international protection of TK
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ii.
iii.
iv.
v.
vi.
2003 in Delhi
Emphasized the coordinated program for
SAARC Regional Action
Discussed the basic elements for a Sui
Generis regime and principles of TK
protection
Scope of protected subject matter
Mechanisms of Access to TK
Requirements of protection of TK
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AREAS OF COOPERATION
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Regional Measures
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i.
ii.
Benefit sharing:
Commercial or industrial use of TK requires
just and appropriate compensation;
- equitable compensation to recognized TK
holder;
- equitable compensation to Competent
authority if TK holder not identifiable
No compensation for non-commercial use,
but suitable benefit sharing be encouraged
access to research outcomes and involvement
of source community in research and
educational activities
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1.
2.
3.
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DATABASES ON TK
Databases require in-puts on the following:
Policy directions on the purpose of databases
Involvement of the indigenous communities
Consultation with the stakeholders
Choice of mechanism of documentation
Necessary Measures during documentation
and after documentation for continuous
updating
India and Pakistan provide provisions under
their laws.
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35
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TKDL
Grey Areas
No definition of TK is attempted.
The Act outlines the framework of benefit-sharing when the
foreign party is involved
The Governments approach in India towards IPRs and
biological resources is CBD centric
Actual operation of these legislations is yet to be seen
Fine-tuning on benefit sharing is yet to be done
Main efforts presently confined to check bio-piracy
Mandatory disclosure of source pertaining to biological
resources and knowledge thereto in patent application has
put in place
On ABS, an international framework is necessary to
facilitate the flow of PGRs.
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Conclusion
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