IPR in Traditional Knowledge and Bio-Diversity: Protection, Issues and Possible Ways Ahead

Abstract

Intellectual Property refers to creations of the mind; the effect of IPRs is therefore monopoly over commercial exploitation of the idea, for a limited period. While IPRs such as copyrights, patents, and trademarks are centuries old, the extension of IPRs to living beings and knowledge related to them is relatively recent. The innovations and creative expressions of indigenous and local communities are also IP, Traditional knowledge is broadly refers to that body of knowledge developed by local and indigenous communities over time in response to the needs of their specific local environment. This paper discusses on both defensive as well as assertive ways of giving IPR protection for Traditional Knowledge. India is one of the mega-bio diverse countries with different combinations of ecosystems. The loss of Biodiversity and commercialization of bio resources and associated knowledge have been causing great concern especially when the IPRs are applied to claim monopoly. The negotiations at international and national level for the protection of Traditional Knowledge and for the conservation of biological resources are now carried out on various issues of implementing the Convention on Biological Diversity (CBD), 1992. India Being a party to the Convention enacted the Biological Diversity Act, 2002. However, the Act still needs more clarifications on the various issues of implementation like Traditional Knowledge and benefit sharing. This article analyses present mechanism, it clarifies the issues and thus, suggests further actions for the effective implementation of the Act and the future needs to protect Traditional knowledge and Biodiversity.