Unit 5
Intellectual Property Rights - Notes
Bsc Agriculture - 5th Semester
Syllabus
Traditional knowledge-meaning & rights of TK holders,
Convention on Biological Diversity,
The International treaty on plant genetic resources for food & agriculture (ITPGRFA),
Indian Biological Diversity Act 2002, and its salient features, access, and benefit sharing.
Traditional knowledge-meaning & rights of TK holders
Traditional knowledge refers to the knowledge, innovations, and practices of indigenous and local communities that have been developed over centuries and passed down through generations. It includes knowledge of biodiversity, agriculture, medicine, handicrafts, and other aspects of their cultural heritage. This knowledge is often based on a deep understanding of the local environment and its resources and is closely linked to the social, cultural, and spiritual identity of these communities. Traditional knowledge is often regarded as a communal asset and is therefore not owned by any individual.
Traditional knowledge is important because it often contains unique insights and techniques that have been refined over centuries. It can also provide solutions to modern challenges, such as sustainable agriculture, conservation, and climate change.
However, traditional knowledge is often at risk of being lost or misappropriated. Indigenous and local communities may not have legal protections for their traditional knowledge and may be at a disadvantage in negotiations with outside parties. There have been many cases of biopiracy, where companies have patented traditional knowledge or genetic resources without the consent or compensation of the communities who originally developed them.
To address these issues, there have been efforts to protect and recognize traditional knowledge, both through legal frameworks and through partnerships between communities and outside organizations. For example, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization, which is part of the Convention on Biological Diversity, aims to ensure that traditional knowledge and genetic resources are used fairly and with the consent of the communities that developed them.
Status in India
Traditional knowledge has significant cultural and economic value in India. The Indian government has taken several steps to recognize, protect and promote traditional knowledge in the country. In 2001, the Traditional Knowledge Digital Library (TKDL) was established by the Council of Scientific and Industrial Research (CSIR) and the Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha, and Homoeopathy (AYUSH) to document and protect traditional knowledge related to Ayurveda, Unani and other systems of medicine in India.
In addition, the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act of 2001 recognizes the contributions of traditional farmers and communities to the conservation of plant genetic resources and their traditional knowledge. The act provides for the establishment of a national registry of plant varieties and a protection system for plant breeders' rights and farmers' rights.
Overall, traditional knowledge holds an important place in the Indian culture and economy, and the government has taken steps to recognize and protect it through various laws and initiatives.
Rights of TK Holders
The rights of Traditional Knowledge (TK) holders include the right to:
1. Control the use of their TK and to benefit from its commercial use
2. Prevent the unauthorized use and misuse of their TK
3. Be recognized as the holders and custodians of the TK
4. Participate in the decision-making process regarding the use and management of their TK
5. Receive fair and equitable compensation for the use of their TK
6. Protect their TK from misappropriation and unauthorized use by third parties
7. Preserve, maintain, and promote their TK for future generations
8. Access and share their TK with others on mutually agreed terms.
In India, the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act) recognizes the rights of farmers and local communities as holders of traditional knowledge related to plant varieties. The Act provides for the establishment of a national registry of TK associated with plant varieties and mandates the sharing of benefits arising from the commercial use of such TK with the TK holders. Additionally, the Biological Diversity Act, 2002 (BDA) recognizes the rights of local communities over biological resources and associated knowledge and provides for the sharing of benefits arising from the use of such resources and knowledge.
Convention on Biological Diversity
The Convention on Biological Diversity (CBD) is an international treaty signed in 1992 at the United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil. The treaty aims to promote the conservation of biodiversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from genetic resources.
The CBD recognizes the rights of countries to access and use genetic resources within their jurisdiction and also recognizes the sovereign rights of countries over their own biological resources. It requires countries to take measures to protect their biological diversity and to ensure that any use of biological resources is sustainable and does not have adverse impacts on the environment.
The CBD also includes provisions for the protection of traditional knowledge, recognizing the important role that traditional knowledge can play in the conservation and sustainable use of biodiversity. It calls for the fair and equitable sharing of benefits arising from the use of traditional knowledge associated with genetic resources.
As of 2021, there are 196 Parties to the Convention on Biological Diversity, including India.
The International Treaty on Plant Genetic Resources for Food & Agriculture (ITPGRFA)
The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) is a legally binding international agreement adopted by the United Nations Food and Agriculture Organization (FAO) in 2001. Its purpose is to ensure the conservation and sustainable use of plant genetic resources for food and agriculture (PGRFA), and to promote the fair and equitable sharing of benefits arising from their use.
The ITPGRFA recognizes the important role played by farmers and indigenous communities in conserving, developing, and using PGRFA, and seeks to promote their rights and interests. It also provides for the establishment of a multilateral system for facilitated access to PGRFA, as well as for benefit-sharing.
Under the ITPGRFA, countries are required to establish national programs for the conservation and sustainable use of PGRFA, and to make them widely available to users. They are also required to promote the development of plant breeding, particularly in developing countries, and to ensure the protection of the rights of farmers and indigenous communities.
The ITPGRFA is an important international instrument for the conservation and sustainable use of PGRFA, and for promoting the rights of farmers and indigenous communities. It is a key component of efforts to ensure global food security and to promote sustainable agriculture.
Indian Biological Diversity Act 2002 and its salient features, access, and benefit sharing
The Indian Biological Diversity Act was enacted in 2002 to regulate access to biological resources and associated knowledge and to ensure equitable sharing of benefits arising out of their use. The main objective of the Act is to conserve biological diversity, promote sustainable use of its components, and ensure fair and equitable sharing of the benefits arising out of the use of biological resources and associated knowledge. Some of the salient features of the Act are:
1. Prior Informed Consent (PIC) and Access and Benefit Sharing (ABS): The Act requires that any person or organization seeking access to Indian biological resources or knowledge associated with it must obtain prior informed consent from the concerned authorities and enter into mutually agreed terms for benefit-sharing.
2. Biodiversity Management Committees (BMCs): The Act mandates the formation of BMCs at the local level to facilitate the conservation and sustainable use of biological resources.
3. National Biodiversity Authority (NBA): The NBA is the apex body for implementation of the Act and is responsible for granting approvals for access to biological resources and knowledge, as well as monitoring and enforcing compliance.
4. Intellectual Property Rights (IPRs): The Act provides for the protection of traditional knowledge associated with biological resources, and also requires disclosure of sources and prior informed consent for the grant of IPRs relating to biological resources.
5. Penalties and Punishments: The Act has provisions for penalties and punishments for violation of its provisions, including imprisonment and fines.
Access
Under the Act, access to biological resources for research or commercial purposes requires prior approval from the National Biodiversity Authority (NBA) or the State Biodiversity Boards (SBBs) depending on the location of the resources. The Act also mandates the sharing of benefits arising from the use of biological resources with the providers of these resources and associated knowledge. The Act further provides for the creation of the Biodiversity Management Committees (BMCs) at the local level to ensure the participation of local communities and to oversee the conservation and sustainable use of biological resources.
Benefit Sharing
The Indian Biological Diversity Act 2002 also includes provisions for benefit sharing with local communities and stakeholders who have contributed to the conservation and sustainable use of biological resources.
Under the Act, any individual, organization, or authority seeking to utilize biological resources for commercial or research purposes must obtain prior approval from the National Biodiversity Authority (NBA) and enter into mutually agreed terms (MAT) with the concerned stakeholders for sharing the benefits arising out of such utilization. The benefits can be monetary or non-monetary and may include royalties, sharing of research results, and capacity building of local communities.
The Act also lays down provisions for the constitution of Biodiversity Management Committees (BMCs) at the local level to assist in the implementation of the Act, and to oversee the conservation and sustainable use of biological resources within their jurisdiction.
Overall, the Biological Diversity Act is an important legislation that recognizes the importance of conservation and sustainable use of India's biological resources and knowledge and seeks to ensure equitable sharing of benefits arising from their utilization.
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Previous: Unit 4 - UPOV and PPV&FR Act of India
All Notes of Intellectual Property Rights - Click here