Traditional knowledge
Introduction
We protect traditional knowledge: There are methods through which TK
can be protected: a) Positive Protection, and
b) Defensive Mechanism.
Government of India protecting
traditional knowledge of medicine mrunal: The government has been successful in
obtaining UNESCO recognition to traditional medicinal knowledge such
as Ayurveda, Yoga, Sowa Rigpa, Unani etc. This has allowed India to
establish link with the country of origin and prevent patenting by
multinational pharma companies.
'Traditional
knowledge' and 'Indigenous cultural expression':
Traditional
knowledge refers to:
- knowledge or practices passed down from generation to generation that form part of the traditions or heritage of Indigenous communities
- goog_1628417497 knowledge or practice for which Indigenous communities act as the guardians or custodians.
The type of
knowledge that is considered within this scope includes:
·
knowledge about the medicinal properties or effects of flora and
fauna
·
knowledge about hunting or fishing techniques.
The Biological Diversity Act, 2002 is
an Act of the Parliament of India for preservation of biological
diversity in India, and provides mechanism for equitable sharing of
benefits arising out of the use of traditional biological resources and
knowledge.
Role
of traditional knowledge in biodiversity conservation
Traditional knowledge can make a significant contribution to sustainable development.
However, the contribution of indigenous and local communities
to the conservation and sustainable use of biological
diversity goes far beyond their role as natural resource
manager.
Objects
of Biological Diversity Act 2002 useful in environmental protection:
The money is used in the
management and conservation of heritage sites; compensating or
rehabilitating any section of the people economically affected when an area is
declared Biodiversity Heritage Sites; and conservation and
promotion of biological resources. The purpose of the Biodiversity Act is to
realize equitable sharing of benefits arising out of the use of biological
resources and associated knowledge.
Importance
of traditional knowledge:
The transmission of traditional knowledge across
generations is fundamental to protecting and promoting indigenous peoples'
cultures and identities and as well as the sustainability of livelihoods,
resilience to human-made and natural disasters, and sustaining culturally
appropriate economic development.
Role
in biodiversity conservation:
Biodiversity conservation protects plant, animal, microbial and genetic
resources for food production, agriculture, and ecosystem functions such as
fertilizing the soil, recycling nutrients, regulating pests and disease,
controlling erosion, and pollinating crops and trees.
Traditional
method of conservation of biodiversity:
Biodiversity can be conserved in the following ways:
In-situ conservation: This method helps in
the conservation of biodiversity within the natural habitat of
the animals and plants by creating protected areas such as national parks and
wildlife sanctuaries.
Traditional
knowledge protected:
When community members innovate within the traditional
knowledge framework, they may use the patent system to protect their
innovations. However, traditional knowledge as such - knowledge that
has ancient roots and is often informal and oral - is not protected by
conventional intellectual property systems.
We
can protect and conserve biodiversity:
10 Ways to Protect and Conserve Biodiversity
- Government
legislation.
- Nature
preserves.
- Reducing
invasive species.
- Habitat
restoration.
- Captive
breeding and seed banks.
- Research.
- Reduce
climate change.
- Purchase sustainable products.
In April 2004, the Ministry of Environment and Forests (MoEF)
notified the Biological Diversity Rules 2004 under the Biological Diversity Act,
2002. The Act has a unique system of governing access and benefit sharing (ABS)
through the NBA, SBBs and BMCs formed at different levels.
As the Act provides measures for safeguarding traditional
knowledge, preservation of threatened species and prevention of bio-piracy,
many states have come forward to implement it in its true spirit.
THE BIOLOGICAL DIVERSITY ACT, 2002
REGULATION OF ACCESS TO BIOLOGICAL DIVERSITY
1.
Certain persons not to
undertake Biodiversity related activities without approval of National
Biodiversity Authority.
2.
Results of research not to be
transferred to certain persons without approval of National Biodiversity
Authority.
3.
Sections1 and 2 not to apply
to certain collaborative research projects.
4.
Application for intellectual
property rights not to be made without approval of National Biodiversity
Authority.
5.
Prior intimation to State
Biodiversity Board for obtaining biological resource for certain purposes.
DUTIES OF THE
CENTRAL AND THE STATE GOVERNMENTS
- Central
Government to develop National strategies, plans, etc., for conservation,
etc., of biological diversity.
- Biodiversity
heritage sites.
- Power of
Central Government to notify threatened species.
- Power of
Central Government to designate repositories.
- Power of
Central Government to exempt certain biological resources.
THE BIOLOGICAL DIVERSITY
ACT, 2002 ACT NO. 18 OF 2003
[5th February, 2003.]
An Act to
provide for conservation of biological diversity, sustainable use of its
components and fair and equitable sharing of the benefits arising out of the
use of biological resources, knowledge and for matters connected therewith or
incidental thereto.
Definitions.—In
this Act, unless the context otherwise requires,—
(a) “benefit claimers” means the conservers of biological resources,
their by-products, creators and holders of knowledge and information relating
to the use of such biological resources, innovations and practices associated
with such use and application;
(b) “biological diversity” means the variability among living
organisms from all sources and the ecological complexes of which they are part
and includes diversity within species or between species and of eco-systems;
(c) “biological resources” means plants, animals and micro-organisms
or parts thereof, their genetic material and by-products (excluding value added
products) with actual or potential use or value, but does not include human
genetic material;
Penalty for contravention of directions or orders of Central
Government, State Government, National Biodiversity Authority and State
Biodiversity Boards.
—If any
person contravenes any direction given or order made by the Central Government,
the State Government, the National Biodiversity Authority or the State
Biodiversity Board for which no punishment has been separately provided under
this Act, he shall be punished with a fine which may extend to one lakh rupees
and in case of a second or subsequent offence, with fine which may extend to
two lakh rupees and in the case of continuous contravention with additional
fine which may extend to two lakh rupees every day during which the default
continues.
Reference:
·
https://www.cbd.int/traditional/intro.shtml
·
https://www.mondaq.com/india/patent/668414/traditional-knowledge-and-scope-for-patent-protection
·
https://www.upsciq.com/how-is-the-government-of-india-goi-protecting/
·
https://www.wipo.int/edocs/mdocs/tk/en/wipo_iptk_ge_2_16/wipo_iptk_ge_2_16_presentation_12javed.pdf
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