Traditional Knowledge Holders Research Articles

Essential procedure and key methods for survey of traditional knowledge related to Chinese materia medica resources

The survey of traditional knowledge related to Chinese materia medica resources is the important component and one of the innovative aspects of the fourth national survey of the Chinese materia medica resources. China has rich traditional knowledge of traditional Chinese medicine (TCM) and the comprehensive investigation of TCM traditional knowledge aims to promote conservation and sustainable use of Chinese materia medica resources. Building upon the field work of pilot investigations, this paper introduces the essential procedures and key methods for conducting the survey of traditional knowledge related to Chinese materia medica resources. The essential procedures are as follows. First is the preparation phrase. It is important to review all relevant literature and provide training to the survey teams so that they have clear understanding of the concept of traditional knowledge and master key survey methods. Second is the field investigation phrase. When conducting field investigations, survey teams should identify the traditional knowledge holders by using the 'snowball method', record the traditional knowledge after obtaining prior informed concerned from the traditional knowledge holders. Researchers should fill out the survey forms provided by the Technical Specification of the Fourth National Survey of Chinese Materia Medica Resources. Researchers should pay particular attention to the scope of traditional knowledge and the method of inheriting the knowledge, which are the key information for traditional knowledge holders and potential users to reach mutual agreed terms to achieve benefit sharing. Third is the data compilation and analysis phrase. Researchers should try to compile and edit the TCM traditional knowledge in accordance with intellectual property rights requirements so that the information collected through the national survey can serve as the basic data for the TCM traditional knowledge database. The key methods of the survey include regional division of Chinese materia medica resources, interview of key information holders and standardization of information.' In particular, using "snowball method" can effectively identify traditional knowledge holder in the targeted regions and ensuring traditional knowledge holders receiving prior informed concerned before sharing the information with researcher to make sure the rights of traditional knowledge holders are protected. Employing right survey methods is not only the key to obtain traditional knowledge related to Chinese materia medica resources, but also the pathway to fulfill the objectives of access and benefit sharing stipulated in Convention on Biological Resources. It will promote the legal protection of TCM traditional knowledge and conservation of TCM intangible, cultural heritage.

Role of marine bioprospecting contracts in developing access and benefit sharing mechanism for marine traditional knowledge holders in the pharmaceutical industry

The remarkable growth of bio-based industry has led to a rapid increase in the bioprospecting activities. The marine biomes are a rich reservoir of unique life systems making them an attractive target for bioprospecting for identification and development of potential drug molecules for human therapeutics. Many of the drug molecules such as ara-c, trabecetidin and eribulin have been discovered from marine organisms. It is noteworthy that indigenous communities have developed, preserved as well as evolved the marine traditional knowledge from one generation to next. Pharmaceutical companies utilize marine life based traditional knowledge developed by the communities at various stages of drug development, unfortunately, many a times without having a mechanism of access and benefit sharing in place. One such example is the marine bioprospecting Fiji contract that illustrates the role played by Fijian community and the lacuna in access and benefit sharing mechanisms. The present study is an attempt to explore the mechanism of fair and equitable sharing of the benefits arising from use of marine bioresources with the local communities as marine traditional knowledge holders in marine areas. It briefly describes the various international conventions and protocols that emphasize on the development of fair and equitable benefit sharing mechanisms. The study proposes marine bioprospecting contracts that are based on mutually agreed terms among the key stakeholders (the State with the genetic resources, traditional knowledge holders and marine bioprospectors). Marine bioprospecting contracts eventually will need to be customized as per the legislation of a country because of territorial nature of law. Also, the marine bioprospecting contracts will differ from other bioprospecting contracts due to various unique parameters associated with the activity such as economics of deep sea explorations (expensive processes of exploration and sample extraction), continuous supply of sample, the jurisdiction of marine areas and traditional knowledge associated. The present study elucidates the concept of marine bioprospecting contracts by considering India as a case study emphasizing sharing of benefits with traditional knowledge holders as well as ensuring sustainable use of marine genetic resources by the pharmaceutical sector.

Traditional Knowledge and Water Governance: The ethic of responsibility

This paper is based on traditional knowledge policy research undertaken over the last 15 years with First Nations in Ontario. First Nations traditional knowledge-based responses to the water crisis evoke an alternative narrative to the dominant discourse. Canadian governments are focused primarily on scientific and technological approaches to resolving water quality issues. In contrast, First Nations are concerned mostly with the recognition of Aboriginal and treaty rights in relation to water. Application of such rights, as expressed by Elders and other traditional knowledge holders, leads to a much more holistic approach to water governance, one that involves fulfilling inherent responsibilities to ensuring water is protected. An overview of key elements of traditional knowledge as they relate to water governance and protection is provided. These are contrasted with highlights of Canadian government responses to water quality concerns across Canada. In order for progress to be made in the future, a nation-to-nation approach between Canadian governments and First Nations is needed.

Sci-TEK: A GIS-Based Multidisciplinary Method for Incorporating Traditional Ecological Knowledge into Louisiana's Coastal Restoration Decision-Making Processes

Bethel, M.B.; Brien, L.F.; Esposito, M.M.; Miller, C.T.; Buras, H.S.; Laska, S.B.; Philippe, R.; Peterson, K.J., and Richards, C.P., 2014. Sci-TEK: A GIS-based multidisciplinary method for incorporating traditional ecological knowledge into Louisiana's coastal restoration decision-making processes.Making more informed coastal restoration and protection decisions has become increasingly important given limited resources available for ecosystem restoration projects and the increasing magnitude of marsh and barrier island degradation, and associated land loss, across Louisiana's coast. An interdisciplinary team of physical and social scientists, coastal restoration managers, and fishers/resource harvesters of affected coastal Louisiana communities collaborated on this study, with the goal of enhancing restoration decision making by engaging local ecosystem knowledge holders in the process. Together they investigated the feasibility and benefits of integrating the traditional ecological knowledge (TEK) of a coastal population with geospatial technology and scientific data sets to assess how the resulting knowledge might inform project planning and implementation for coastal restoration. The primary goal was to provide coastal resource managers with a more comprehensive and transferrable method of assessing localized stakeholder priorities and translating that information into a format compatible with or comparable to products of existing coastal restoration decision-support tools for Louisiana. Through the Sci-TEK process, TEK is recorded in a natural, egalitarian setting and is converted into geographic information system (GIS) models that can facilitate incorporation into the existing restoration-planning process. This is achieved by using remote sensing, science-based data sets, and GIS to produce mapping products that represent the local fishers' and harvesters' TEK. The collaborative team developed a method for effective stakeholder engagement and a process for producing mapping products to aid in restoration location prioritization using information derived and prioritized with TEK. The current model of engagement via public meetings can generate extensive transcripts of public opinion, but it is limited in terms of scope and stakeholder representation. The information obtained with this model is also difficult to incorporate into the scientific toolbox used to make decisions about restoration. By mapping TEK we translated this knowledge into a usable data set layer that incorporates quality control and can be confidently used in combination with existing data sets. Moreover the researchers used the stakeholder engagement process to help address the general lack of understanding by physical scientists and managers/decision makers of the value of TEK, and to illustrate how this participatory process helps to bridge the communication gap that typically exists between scientists and traditional knowledge holders.

Exploring the Fences Pertaining to Non Espousal of Traditional Knowledge Based Medicines at Shervaroy Hills, Eastern Ghats, India

This paper reports on an exploratory research work carried out aiming to identify the barriers in the usage of traditional medicines by the holders of the knowledge. The focus is on the usage of the traditional medicines by the homogenous people, Malayali tribe community at Shervaroy hills of Eastern Ghats. Semi-structured interviews were conducted among the tribe community of the area. Where the knowledge has been passed on from generations making the traditional medicinal knowledge strongly imbibed in their culture, the research findings divulged the reasons as to why in spite of having immense knowledge on traditional medicines these tribe community are opting for codified from of medicines. This report also explored the understanding of older generation in the context of holders of the traditional medicinal knowledge among the Malayali tribe community. The conclusion supports the implementation of existing policies stringently with recommendations so as to draw closer towards the three objectives enshrined in the Convention of Biodiversity and Biological Diversity Act, 2002. This paper contributes to the policy makers, pharmaceutical companies, non-governmental organizations and the holders of traditional medicinal knowledge so as to collaborate, in the process, protecting and promoting the traditional knowledge in medicinal plants.

Population genetic structure of gray wolves (Canis lupus) in a marine archipelago suggests island-mainland differentiation consistent with dietary niche.

BackgroundEmerging evidence suggests that ecological heterogeneity across space can influence the genetic structure of populations, including that of long-distance dispersers such as large carnivores. On the central coast of British Columbia, Canada, wolf (Canis lupus L., 1758) dietary niche and parasite prevalence data indicate strong ecological divergence between marine-oriented wolves inhabiting islands and individuals on the coastal mainland that interact primarily with terrestrial prey. Local holders of traditional ecological knowledge, who distinguish between mainland and island wolf forms, also informed our hypothesis that genetic differentiation might occur between wolves from these adjacent environments.ResultsWe used microsatellite genetic markers to examine data obtained from wolf faecal samples. Our results from 116 individuals suggest the presence of a genetic cline between mainland and island wolves. This pattern occurs despite field observations that individuals easily traverse the 30 km wide study area and swim up to 13 km among landmasses in the region.ConclusionsNatal habitat-biased dispersal (i.e., the preference for dispersal into familiar ecological environments) might contribute to genetic differentiation. Accordingly, this working hypothesis presents an exciting avenue for future research where marine resources or other components of ecological heterogeneity are present.

Resilience of traditional knowledge systems: The case of agricultural knowledge in home gardens of the Iberian Peninsula

The resilience of a social–ecological system largely depends on its capacity to learn by absorbing new information to cope with change. But, how resilient are traditional knowledge systems? We explore the resilience of the traditional agricultural knowledge system of home gardeners in the Iberian Peninsula (n=383). We use multivariate analysis to explore the co-existence of agricultural information derived from two different knowledge systems: (i) knowledge and use of landraces (representative of traditional agricultural knowledge) and (ii) knowledge and use of commercial crop varieties (representative of modern agricultural knowledge). Our analyses show a positive association between both types of knowledge: overall gardeners who are more knowledgeable about commercial crop varieties are also more knowledgeable about landraces. Despite this overall tendency, results from hierarchical cluster analysis showed different groups of traditional and modern knowledge holders. Our results suggest that (a) traditional knowledge is not a frozen and static corpus of knowledge and (b) modern and traditional agricultural knowledge are not necessarily mutually exclusive. Both maintenance of some aspects of the traditional knowledge and incorporation of some aspect of the modern knowledge seem to be core elements of home gardeners’ body of agricultural knowledge which is constantly evolving in response to changing environmental and socioeconomic conditions. Changes in traditional knowledge can be seen as a part of the general self-organizing process of this knowledge system.

Safeguarding intangible cultural heritage in the Pacific: a brief report on recent progress at the Australian Museum

This paper reports on an intangible cultural heritage forum held at the Australian Museum, Sydney, in 2007. Forum participants, including representatives from Fiji, Guam, New Zealand, Norfolk Island, Palau, Samoa, Tonga, Vanuatu, and Yap as well as members of Sydney’s heritage community, contributed to a debate on the question of what the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage 2003 means in practical terms to Pacific countries and how the Australian Museum might work in partnership with them in their safeguarding efforts. Importantly, the forum allowed the interests of traditional knowledge holders to be considered and for a number of concerns to be noted. These concerns are also of significance for those working more broadly in the field of intangible cultural heritage and are reported below.

Legal Challenges Around Access and Benefit Sharing and Application in International and National Legislation

Biodiversity was during the 1990s perceived as 'green gold'. With the emergence of the biotechnology industry, biodiversity prospecting, or bio-prospecting, was perceived to provide opportunities to gain benefits for several purposes. Benefits would attribute towards conservation, development of source countries, new medicines, profits for the industry and welfare to local providers of biogenetic resources and traditional knowledge.Patents on traditional knowledge and the issue of biopiracy has been a debated issue since the Uruguay Round in the early 1990s. In order to handle this problem, the United Nations established the Convention on Biological Diversity and a subsidiary working group on Access and Benefit Sharing. This is supposed to help traditional knowledge holders claim their rights to benefit sharing when commercialization of the knowledge, that they are prime innovators of, is to occur. This paper seeks to give insight into the process of the implementation of Access and Benefit Sharing in the Kani-tribe and Tropical Botanical Garden Research Institute case. In more detail, what is discussed is the process of the agreement making and the outcome of the Access and Benefit Sharing. The analysis is drawn from a qualitative case study in Kerala, India. A theoretical framework based on theories regarding a rights based approach, institutional frameworks and preliminary studies on Access and Benefit Sharing is used together with the collected data. Ideas and conclusions derived from the discussion and the analysis are portraying a rather unequal playing field. In this case, Access and Benefit Sharing appears to be viewed more like an instrument for charity rather than a prerequisite for the use of traditional knowledge.

Les plantes tinctoriales d’Afrique Centrale : enquête ethnobotanique et screening phytochimique

Objectif : une étude ethnobotanique des plantes tinctoriales a été menée de juin 2010 à novembre 2011 dans le but de les inventorier et de réaliser un screening chimique sur trois espèces sélectionnées selon un certains nombre de critères.Méthodologie et résultats : Une enquête ethnobotanique pour les plantes tinctoriales du Congo réalisée de juillet 2010 à novembre 2011auprès des herboristes, des artisans teinturiers et des détenteurs de savoir traditionnel, et compléter par une revue bibliographique des plantes de la région Afrique Centrale a permis d’inventorier cent cinquante (150) plantes utilisées comme colorants par les populations de la région. Trois de ces plantes, Grewia coriacea Mast (Malvaceae - Grewioideae), Harungana madagascariensis Lam ex Poir. (Hypericaceae), Annickia chlorantha Oliv. (Annonaceae) ont été sélectionnées au regard de leur fréquence d’utilisation pour un screening phytochimique afin d’en évaluer les propriétés tinctoriales. Les flavonoïdes, les tanins, les anthocyanes, les anthraquinones et les alcaloïdes ont été mis évidences.Conclusion et application : l’inventaire ethnobotanique a permis de nous rendre compte que les plantes tinctoriales sont largement utilisées par les populations à la fois en teinture et en médecine traditionnelle. L’analyse phytochimique des trois espèces sélectionnées présage que celles-ci peuvent être des matières premières pour la production des colorants.Mots clés : Enquête ethnobotanique, plantes tinctoriales, Grewia coriacea, Harungana madagascariensis, Annickia chlorantha, screening phytochimique.

Respecting Aboriginal Knowing in the Academy

Over the last decade, I have articulated what I have termed “A Conceptual Framework of Aboriginal Knowing.” The understanding that I bring to this originates out of my lived experience with traditional knowledge holders, and an examination of the literature pertaining to the ontology and epistemology of Aboriginal knowing, Aboriginal ethics or guiding principles, and the characteristics of Aboriginal knowledge transmission. This descriptive analysis gathers together a range of conceptualizations to build a comprehensive graphic for understanding how the literature describes Aboriginal knowledge. I believe this conceptual framework can be utilized to broaden our understanding of how we can develop and maintain respectful relationships and processes as we incorporate Aboriginal knowledge within our work in the academy.

THE PROPERTISATION OF TRADITIONAL KNOWLEDGE: SEEKING A BASIS IN THE SHARIʿAH

This paper seeks to examine the implications of the propertisation of traditional knowledge from the Islamic law point of view. It proceeds on the premise that absence of direct Islamic legal ruling on the subject does not foreclose the chances of evaluating the modern protection policies from the SharÊÑah context. It is argued that certain SharÊÑah principles can be suitably adapted to justify the protection of traditional knowledge and address the needs of its holders. It finds, among others, that the nature of traditional knowledge as oral knowledge transmitted from one generation to another simply illustrates the original perception of knowledge in Islam and is thus qualified to be regarded as such. Further, while all knowledge belongs to Allah, Islam does not preclude the status of man as developer of new utilities for knowledge use. Therefore, holders of traditional knowledge deserve to be accorded recognition and primacy for their contributions to the conservation and sustainable use of the global biodiversity. The paper concludes that there is evidence to support the recognition of traditional knowledge, being a variant of manfaÑah as a form of al-mÉl (property) worthy of protection.

Revisiting the Debate on Intellectual Property Rights and Traditional Knowledge of Biodiversity: Accommodating Local Realities and Perspectives

The international and national debates and developments on the applicability of an intellectual property rights regime for protecting traditional knowledge associated with biodiversity is over a decade old. Nevertheless, this continues to be an area fraught with difficulties for many reasons, such as inherent mismatch between the nature of intellectual property rights regimes and that of traditional knowledge, lack of an effective international framework, and alleged lack of will on the part of developed countries. The paper argues that the possible non-inclusion of traditional knowledge holders in the process and the lack of their practical capacity is another key reason for non-effectiveness of existing or envisaged legal instruments. It takes the position that a major lacuna of this discourse is that it is not strongly positioned in the local economic, political, and social contexts in which local and Indigenous communities find themselves today. Using a field-based case study of an Indigenous scheduled tribe, the Karbis in the northeastern state of Assam, the paper makes the case for discarding commonly held, often non-realistic ‘assumptions’ about local and Indigenous communities and accommodation of their realities and perspectives in enacting ‘rights based’ law and policy on these issues.

Two-Eyed Seeing and other lessons learned within a co-learning journey of bringing together indigenous and mainstream knowledges and ways of knowing

This is a process article for weaving indigenous and mainstream knowledges within science educational curricula and other science arenas, assuming participants include recognized holders of traditional ecological knowledge (we prefer “Indigenous Knowledge” or “Traditional Knowledge”) and others with expertise in mainstream science. It is based on the “Integrative Science” undergraduate program created at Cape Breton University to bring together indigenous and mainstream sciences and ways of knowing, as well as related Integrative Science endeavors in science research, application, and outreach. A brief historical outline for that experiential journey is provided and eight “Lessons Learned” listed. The first, namely “acknowledge that we need each other and must engage in a co-learning journey” is explained as key for the success of weaving efforts. The second, namely “be guided by Two-Eyed Seeing”, is considered the most profound because it is central to the whole of a co-learning journey and the article’s discussion is focussed through it. The eighth lesson, “develop an advisory council of willing, knowledgeable stakeholders”, is considered critical for sustaining success over the long-term given that institutional and community politics profoundly influence the resourcing and recruitment of any academic program and thus can help foster success, or sabotage it. The scope of relevance for Two-Eyed Seeing is broad and its uptake across Canada is sketched; the article also places it in the context of emerging theory for transdisciplinary research. The article concludes with thoughts on why “Two-Eyed Seeing” may seem to be desired or resisted as a label in different settings. Traditional Indian education is an expression of environmental education par excellence. It is an environmental education process that can have a profound meaning for the kind of modern education required to face the challenges of living in the world of the twenty-first century (Cajete (2010), p. 1128, emphasis as in original). As two-eyed seeing implies, people familiar with both knowledge systems can uniquely combine the two in various ways to meet a challenge or task at hand. In the context of environmental crises alone, a combination of both seems essential (Aikenhead and Michell (2011), p. 114).

Protecting Traditional Knowledge Holders' Interests and Preventing Misappropriation—Traditional Knowledge Commons and Biocultural Protocols: Necessary but Not Sufficient?

AbstractThe experience of the indigenous communities regarding access and benefit sharing under the national regimes based on provisions of Convention on Biological Diversity and Bonn Guidelines has not been satisfactory. The communities expect that noncommercial values should be respected and misappropriation should be prevented. Some academics and civil society groups have suggested that traditional knowledge commons and biocultural protocols will be useful in ensuring that while noncommercial values are respected, access and benefit sharing takes place on conditions that are acceptable to the communities. This proposal is examined in this context in the larger context of access and benefit sharing under the Convention on Biological Diversity and implementing prior informed consent principles in access and benefit sharing. This article examines knowledge commons, provides examples from constructed commons in different sectors and situates traditional knowledge commons in the context of debates on commons and public domain. The major shortcomings of traditional commons and bicultural protocol are pointed out, and it is suggested that these are significant initiatives that can be combined with the Nagoya Protocol to fulfill the expectations of indigenous communities.

The role of Indigenous knowledge in environmental health risk management in Yukon, Canada

Objectives. This project aimed to gain better understandings of northern Indigenous risk perception related to food safety and to identify the role that Indigenous knowledge (IK) plays in risk management processes to support more effective and culturally relevant benefit-risk (B-R) management strategies.Study design. The project used an exploratory qualitative case study design to investigate the role and place of IK in the management of environmental contaminants exposure via consumption of traditional foods in Yukon First Nations (YFNs).Methods. Forty-one semi-directive interviews with Traditional Food Knowledge Holders and Health and Environment Decision-makers were conducted. A review and analysis of organizational documents related to past risk management events for the issue was conducted. Thematic content analysis was used to analyze transcripts and documents for key themes related to the research question.Results. There was a recognized need by all participants for better collaboration between scientists and YFN communities. YFNs have been involved in identifying and defining community concerns about past risk issues, setting a local context, and participating in communications strategies. Interviewees stressed the need to commit adequate time for building relationships, physically being in the community, and facilitating open communication. Conducting community-based projects was identified as critical for collaboration and for cooperative learning and management of these issues.Conclusions. The perception of “effective” benefit-risk management is significantly influenced by the efforts made to include local communities in the process. A set of common guiding principles within a process that brings together people and knowledge systems may provide a more effective way forward in cross-cultural, multiple knowledge system contexts for complex benefit-risk issues than a prescriptive rigid framework.

Between nature and culture: exploring space for indigenous agency in the Convention on Biological Diversity

The goals of nature conservation have changed over the last decades, but setting aside areas for nature protection is still a major part of environmental efforts globally. Protected areas often include traditional lands of indigenous peoples, and although indigenous rights have been strengthened through international treaties, conflicts over land entitlement are still common. I analyse indigenous peoples' role in nature conservation, focusing on the discursive construction of indigenous subject position in the UN Convention on Biological Diversity and using post-colonial theory to situate the discussion in its historical and political context, discussing what subject positions are made available to indigenous people, and what political agency they can be assumed to entail. The analysis shows that limits to indigenous space for agency are embedded in the Convention on Biological Diversity discourse – the analysed texts present a narrow recognition of indigenous people's role in the context of the Convention on Biological Diversity, with a heavy focus on indigenous subjects as holders of traditional knowledge, and a clear influence from colonial notions and post-colonial power relations.

Innovations for the poor by the poor

The concern for inclusive or harmonious development is being articulated worldwide. There is a belated realisation that for extreme affordability, there is no choice but to learn from green grassroots innovators and traditional knowledge holders. Honey Bee Network began scouting, spawning and sustaining innovations by knowledge rich-economically poor people more than 20 years ago. A database of more than 140,000 ideas, innovations and traditional knowledge practices has been pooled mainly from 500 districts of India and some other parts of the world. Blending formal and informal science has become imperative. Several new models have been proposed such as long tailored innovations, Kho Kho (relay) model, empathetic innovations, inverted innovations, and grassroots to global (g2G) to illustrate different dimension of innovations for the poor by the poor. The policy implications of these models have been drawn briefly besides explaining the conditions, which must be met for inclusive innovations.

Using Licensing Contracts to Protect Holders of Traditional Knowledge Related to Genetic Resources: A Reflection on ICBG Projects

During recent decades, role of traditional knowledge (TK) in biotechnology development has become increasingly important. The benefits resulting from TK exploration can be tremendous. Due its significant economic and healthcare contribution society, owners of TK (local and indigenous communities) should be sufficiently compensated for use of their knowledge and their rights on TK should also be properly protected. Contracts are considered be one of major means ensure fair benefit-sharing based on mutually agreed terms between TK users and holders. Contractual agreements are not novel in transactions involving access genetic resources and benefit sharing. The most famous and earliest case was Merc-INBio agreement. TK has always been only part of such agreements - usually mentioned under prior informed consent - or else it has simply been omitted. Indigenous peoples (or their representatives) have seldom become a party such contracts. Still, history of TK exploration revealed several more or less successful cases, where TK holders acted as rightful parties associated transfer of genetic resources. The International Cooperative Biodiversity Group (ICBG) Program was established in 1992 by National Institute of Health (NIH), National Science Foundation (NSF) and U.S. Agency for International Development (later replaced by Department of Agriculture (USDA)) run multidisciplinary projects addressing drug devlopment, biodiversity conservatio and economic growth. More than a dozen projects in 18 countries in Aisa, Africa and Latin America have been supported under Program. Seven International Cooperative Biodiversity Groups (awards) are currently being financed. The source of funding in ICBG projects can be from both public and private sectors. Another essential goal of Porgrams is to develop models for sustainable and equitable commercial use of biodiversity-rich ecosystems. According collaboration agreement, bioprospectors obtain access biological material (including genetic resources) and are required share benefits derived from use of these resources and associated TK with biosuppliers and TK holders. A critical point of ICBG Program is the development of ethically sound partnerships among diverse collaboration agreement is verified comply with principles of prior informed consent (PIC), access and benefir-sharing (ABS) and a number of intellectual property rights issues. Each project under ICBG is a kind of bridge or a collaborating forum that brings together interested parties for formulation of an agreement and provides a mechanism for negotiations. The ICBG Program ensres a relatively integrated and successful international licensing scheme of collaboration between indigenous communities, research institutions and private entities (U.S., international or multinational), which assists development of creative potential solutions for anti-biopiracy and efficient exploitation and sustainable use of biological resources and associated TK. An ICBG project usually involves a multinational pharmaceutical coporation, a nongovernmental organization, a reseach university and collaborating partners from source country (research institute, indigenous communities or their representatives). ICBG projects are characterized by direct involvement of TK holders, or their legal representatives in contractual agreement as rightful parties. Prior infromed consent and associated measures are a mandatory part of all ICBG projects. Nevertheless, this article points out difficulties TK holders and their representative may envounter and how they can overcome limitations in a contractual arrangement, such as an imbalance of bargaining power and difficulties in enforcement. In following section, we will address general structure and main features of ICBG progects. In second part of this article, we will discuss three contractual agreements of ICBG projects, including Peru-ICBG, Maya-ICBG and UIC-Vietnam-Laos-ICBG, and address their mechanisms of TK protection. In third part, we will summarize thes three programs. In fourth part, we will discuss advantages and flaws of contractual arrangement with regard TK protection. Finally, we will present our suggestions and solutions.

Role of Judiciary with Special Reference to Global Intellectual Property Regime

The instant essay explores the path already traversed by the Indian judiciary with respect to formulation and implementation of the several norms of the Intellectual Property regime. The international conscience of intellectual property developed with the TRIPs Agreement. However, exploration of certain specific areas of IPR led the authors to believe that Indian judiciary had already chalked down the plan of extending protection to several varities of intellectual property before 1994. The development, especially with respect to geographical indications and trade secrets, had been cataclysmic. Not only did the judiciary implement the laid down law, but had also fostered newer norms and attempted to bring clarity in the areas reeking with ambiguity. Broadening of ‘cause of action’, liberalizing the factor of ‘locus standi’, cultivating progressive outlook in awarding of ‘compensation’, laying down standards of software protection, defining ‘copyright’ in precise terms, and carving innovative laws for protection of geographical indications, have been some of the watersheds attained by the Indian judiciary. Newer legislations, guaranteeing protection of plant breeders, farmers and holders of traditional knowledge albeit indicate the dynamism of development, yet fail to capture the thought that, the Indian legal system, definitely being reactive machinery, rather than a pro-active one impairs the level playing field and incapacitates a certain population to share the benefit of the regime. Though the norms developed by the Indian courts, have contributed to the global IP regime and had set standards for the other developing countries, yet the authors opine that Art 51 of the Constitution should not be shrugged off as a mere Derective Principle of State Policy, but must be championed, by complying to the internationally valid norms, to realize the progressivity in all spheres.