253109893-ABS-mechanism-for-protection-of-Traditional-Knowledge.pdf

ABS mechanism for protection of traditional knowledge and genetic resources 1) Introduction  Advancements in the field of genetic engineering found out that knowledge of  indigenous communities and genetic resources if channelized in appropriate manner  are capable of bringing out successful commercial products. The growing importance of bio-technology and increasing number of patents granted to biotechnology based inve invent ntio ions ns high highlig light ht the the pote potent ntia iall valu value e of gene geneti tic c reso resour urce ces s and and asso associ ciat ated ed traditional knowledge. The values of traditional knowledge in development of final product have always been a subject of controversy. The The relationship between access to genetic resources and benefit sharing and intellectual property is based on the princi principle ple that that the grant grant of paten patents ts or any other other intell intellect ectual ual proper property ty rights rights over  over  biodivers biodiversity ity related related innovation innovation should be condition conditioned ed of biodivers biodiversity ity component components s being acquired, obtained or accessed legally . !ost of the developed countries including "urope and #$ are having very liberal approach towards granting of patents and usually patents are given to final products based on traditional knowledge ignoring the common knowledge associated with the invent invention ion.. There There are variou various s e%ampl e%amples es regard regarding ing granti granting ng of patent patents s in these these  jurisdictions over products based on biological resources commonly used in developing countries like use of turmeric in wound healing, composition of jamun, bitter-gourd and eggplant for treatment in diabetes, various products obtained from neem tree etc. &iopiracy is a rampant phenomenon in the globalised world which made the developing countries to be more conscious about their valuable biological resources. 'n order to prevent biopiracy and to create a sense of mutual trust there was a need for an efficient mechanism to regulate the handling of genetic resources and associated traditional knowledge. This has led to the development of comple% and controversial legal frameworks regarding regarding access access to genetic genetic resources resources and equitable equitable benefit benefit sharing. sharing. &iologica &iologicall resources are common heritage of mankind but benefits of use of these resources are e%ploited by !ultinational companies and developed nations with their

1 See Manuel Ruiz Muller, Disclosure of origin and legal provenance, available at http!!ictsd"org!downloads!#$11!1#!disclosure%of http!!ictsd"org!downloads!#$11!1#!disclosure%of%origin%and%legal%provenance% %origin%and%legal%provenance% the%e&perience%and%implementa the%e&perience%and%implementation%process%in%south%am tion%process%in%south%america"pdf  erica"pdf  'age ( 1

ABS mechanism for protection of traditional knowledge and genetic resources technological advantage and financial resources(. 'ntellectual property rights are basically negative rights providing for e%clusivity. 't does not recognize the rights of traditional knowledge holders and discussions are goin going g on at vario various us inte intern rnat atio iona nall foru forums ms for for deve develo lopm pmen entt of a comp compen ensa sati tion on mechanism that provides for at least an indirect recognition of their contribution to modern modern technolog technological ical developm developments. ents. )ranting )ranting e%clusive e%clusive rights rights to individua individuals ls for  produ products cts based based on geneti genetic c resour resource ces s will will only only worsen worsen the situat situation ion of alread already y e%ploited biological resources. The issue of access to genetic resources and equitable sharing of benefits have a major focus on biodiversity conservation and its sustainable use *. Access regimes are result result of increa increased sed import importanc ance e given given to genet genetic ic resour resources ces and associ associate ated d tradit tradition ional al knowle knowledg dge e on the other other hand hand benefi benefitt shari sharing ng mechan mechanism isms s has been been developed as a response to absence of intellectual property protection under the e%isti e%isting ng intell intellect ectual ual proper property ty regime regime.. +eleva +elevance nce of access access and benefi benefitt sharin sharing g mechanism is due to large amount of genetic resources and associated traditional knowledge is having commercial viability in a number of formal sectors, including but not not limit limited ed to phar pharma mace ceut utic ical als, s, biot biotec echn hnol olog ogy y, seed seeds, s, horti horticu cultu lture re,, bota botani nica call medicine, cosmetics and personal care and food. 2) Access to genetic resources and Traditional Knowledge )enetic resources are biological materials of plants, animals, microbial or any other  origin that contain hereditary information necessary for life and are responsible for  thei theirr usef useful ul prop proper erti ties es and and abil abilit itie ies s to repl replic icat ate e. or or cent centau aurie ries s indi indige geno nous us communities have managed to preserve these resources through trial and error  # See )nternational )nternational regime of access and bene*t sharing mechanism mechanism available at http!!www"sawtee"org!publications!'olic+%Brief%1"pdf  - See Access to .enetic resources in Africa available at http!!www"ias"unu"edu!resource/centre!ABS0#$in0#$Africa"pdf   See 2err+ 2err+ 3en 3en 2ate 4 Sarah A 5aird, 3he 6ommercial 7se of Biodiversit+ Biodiversit +  Access to .enetic resources and Bene*t sharing available at http!!books"google"co"in!books8id9% +Rf5:/t$c64printsec9frontcov +Rf5:/t$c64prints ec9frontcover;v9onepage4