Refine your search
Collections
Co-Authors
Year
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z All
Padmavati, M.
- Ensuring Longevity of Traditional Knowledge Associated with Biodiversity to Address Climate Change
Abstract Views :92 |
PDF Views:35
Authors
Affiliations
1 Rajiv Gandhi School of Intellectual Property law, Indian Institute of Technology Kharagpur, Kharagpur, 721 302, IN
1 Rajiv Gandhi School of Intellectual Property law, Indian Institute of Technology Kharagpur, Kharagpur, 721 302, IN
Source
Journal of Intellectual Property Rights, Vol 23, No 1 (2018), Pagination: 35-43Abstract
Traditional Knowledge is integrally linked to human welfare. The necessity to harvest traditional knowledge is being increasingly realized due to a multitude of reasons. Definitional considerations, protection and enforcement mechanisms related to traditional knowledge have been a part of the continued deliberations in international and national fora. Climate change has arguably brought the urgent need for its rapid inclusion. The protection of traditional knowledge (TK) associated with the use of bioresources and human practices for livelihood sustenance are an important reference point for its inclusive approach. Among the mega-biodiverse nations, India has a rich source of TK with varied communities and cultural contexts. The present study analyses the post Nagoya context in relation to emerging perspectives for TK protection and India’s commitment post the Nagoya Protocol.Keywords
Nagoya Protocol, The Convention on Biological Diversity, TRIPS Agreement, Doha Declaration, WIPO, Intergovernmental Panel on Climate Change (IPCC), Intergovernmental Committee on Genetic Resources.Full Text
References
- TRIPS Council Secretariat Note IP/C/W/369/Rev, 2006.
- Doha Ministerial Declaration WT/MIN(01)/DEC/1, https://www.wto.org/english/thewto_e/minist_e/min01_e/mi ndecl_e.htm#par19.
- Gervais D, TRIPS, Doha and traditional knowledge, Journal of World Intellectual Property, 6 (3) (2005) 403-419.
- Subramanian S M &Balakrishna P, Traditional Knowledge in Policy and Practice. Approaches to Development and Human Well-Being, United Nations University, 2010.
- Intellectual property needs and expectations of traditional knowledge holders, WIPO Report of 2001 on Fact-Finding Missions on Intellectual Property and Traditional Knowledge(1998-1999), http://www.wipo.int/edocs/pubdocs/en/tk/768/wipo_pub_768.pdf.
- WT/GC/W/564/Rev.2/TN/C/W/41/Rev.2/IP/C/W/474 (2006) Doha Work Programme- The outstanding implementation issue on the relationship between the TRIPS Agreement and the Convention on Biological Diversity.
- IPCC Report on Climate Change 2014, http://www.ipcc.ch/report/ar5/syr/
- Posey D A &Dutfield G, Towards Traditional Resource Rights for Indigenous Peoples and Local Communities, In.Beyond Intellectual Property, International Development Research Centre. (1996).
- Implementation of the ABS in relation to access of TK includes the joint reading of Article 8(j) and Article 15.(a) Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation.
- (b) Each Contracting Party shall endeavour to create conditions to facilitate access to genetic resources for environmentally sound uses by other Contracting Parties and not to impose restrictions that run counter to the objectives of this Convention.
- (c) For the purpose of this Convention, the genetic resources being provided by a Contracting Party, as referred to in this Article and Articles 16 and 19, are only those that are provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired the genetic resources in accordance with this Convention.
- (d) Access, where granted, shall be on mutually agreed terms and subject to the provisions of this Article.
- (e) Access to genetic resources shall be subject to prior informed consent of the Contracting Party providing such resources, unless otherwise determined by that Party.
- (f) Each Contracting Party shall endeavour to develop and carry out scientific research based on genetic resources provided by other Contracting Parties with the full participation of, and where possible in, such Contracting Parties.
- (g) Each Contracting Party shall take legislative, administrative or policy measures, as appropriate, and in accordance with Articles 16 and 19 and, where necessary, through the financial mechanism established by Articles 20 and 21 with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources. Such sharing shall be upon mutually agreed terms. https://www.cbd.int/ convention/articles/default.shtml?a=cbd-15.
- COP 8 Meeting, https://www.cbd.int/meetings/COP-08.
- WIPO Intergovernmental Committee on IP and Genetic Resources, Meeting Reports, http://www.wipo.int/tk/en/igc/.
- Target 18: By 2020, the traditional knowledge, innovations, and practices of indigenous and local communities relevant for the conservation and sustainable use of biodiversity, and their customary use of biological resources, are respected, subject to national legislation and relevant international obligations, and fully integrated and reflected in the implementation of the Convention with the full and effective participation of indigenous and local communities.
- Target 16: By 2015, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization is in force and operational, consistent with national legislation.
- Online forum for Traditional Knowledge, https://www.cbd.int/tk/cb/onlineforum.shtml.
- International Peoples and Traditional Knowledge related to Biological Diversity and responses to climate change in the Arctic region, https://www.cbd.int/doc/publications/tk-ccarcticen.pdf.
- Hogmander J &Leivo A, General principles for sustainable nature tourism in protected areas administered by Metsahallitus, Finland, Working Papers of the Finnnish Forest Research Institute, 2004, http://www.metla.fi/ julkaisut/workingpapers/2004/mwp002-49.pdf.
- The Paris Agreement, https://unfccc.int/files/essential_ background/convention/application/pdf/english_paris_agree ment.pdf.
- Article 5 calls upon Parties to take action to conserve and enhance sinks and reservoirs of greenhouse gases.
- Article 7 recognizes the role of adaptation in protecting livelihoods and ecosystems.
- Article 8 relating to loss and damage, including resilience of livelihoods, communities and ecosystem.
- MootzKuxtal guidelines, https://www.cbd.int/doc/decisions/ cop-13/cop-13-dec-18-en.doc.
- Nagoya Protocol on ABS, https://www.cbd.int/abs/ background/default.shtml.
- Article 6 of Nagoya Protocolhttps://www.cbd.int/abs/text/ articles/default.shtml?sec=abs-06.
- Wan IzatulAsma Wan Talaat, Protection of the associated traditional knowledge on genetic resources: Beyond the Nagoya Protocol, Procedia Social and Behavioral Sciences, 91 (2013) 673-678.
- Rutzolijirisaxik guidelines, https://www.cbd.int/doc/c/abac/ dff3/cff7857dbeffc2eb8ee17654/wg8j-10-02-en.pdf.
- Rabitz F, Biopiracy after the Nagoya Protocol: Problem structure, regime design and implementation challenges, Journal of the Brazilian Political Science Association, 9 (2) (2015)30-53.
- Manchikanti P, Traditional knowledge register of India: Techno-legal issues, International Journal of Intellectual Property Management, 5 (3/4) (2012) 254-265.
- UNEP-GEF-MoEFCCABSProject, http://nbaindia.org/unep-gef/.
- 2nd National Workshop on TK and ABS 2-4 May, 2015, http://nbaindia.org/unep-gef/telanganaevent.html.