Guidelines

Is traditional knowledge intellectual property?

Is traditional knowledge intellectual property?

Traditional knowledge and intellectual property However, traditional knowledge as such – knowledge that has ancient roots and is often oral – is not protected by conventional intellectual property (IP) systems.

What is covered by the Nagoya Protocol?

The Nagoya Protocol covers genetic resources and traditional knowledge (TK) associated with genetic resources, as well as the benefits arising from their utilization.

What are the criteria of traditional knowledge to be considered as IPR?

For knowledge to be classified as a trade secret, three elements are required: knowledge must be of commercial value, knowledge must not be in the public domain and knowledge is subject to reasonable efforts to maintain secrecy.

Which of the following is the objective of Nagoya Protocol?

The objective of the Nagoya Protocol is to set an international, legally binding framework to promote a transparent and effective implementation of the ABS concept at the regional, national and local level in the future.

How is intellectual property different from traditional property?

The most noticeable difference between intellectual property and other forms of property, however, is that intellectual property is intangible, that is, it cannot be defined or identified by its own physical parameters. It must be expressed in some discernible way to be protected.

How is IP protection used in traditional knowledge?

Unlike other categories of intellectual property rights, India has no substantive act or law to protect traditional knowledge but other IP acts contain provisions with respect to traditional knowledge such as the Patents Act, 1970, Section 25 and Section 64, gives one of the grounds for revocation of a patent …

How do Philippines implement the Nagoya Protocol?

Philippines Accedes to Nagoya Protocol

  • Create legal certainty, clarity and transparency.
  • Provide fair and non-arbitrary rules and procedures.
  • Establish clear rules and procedures for prior informed consent and mutually agreed terms.
  • Provide for issuance of a permit or equivalent when access is granted.

Is Nagoya Protocol legally binding?

The CBD’s 10th Conference of the Parties, in Nagoya 2010 adopted an international legally binding protocol on access to genetic resources and benefit-sharing—the Nagoya Protocol.

How intellectual property is different from traditional property?

What is the importance of Nagoya Protocol?

The Nagoya Protocol establishes a framework that helps researchers access genetic resources for biotechnology research, development and other activities, in return for a fair share of any benefits from their use.

What is an example of traditional knowledge?

Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others.

What is positive protection of traditional knowledge in IPR?

Positive protection is the act of providing traditional knowledge holders with the rights to take necessary action and seek remedies against the misuse of the knowledge base. It involves the enactment of specific rules and regulations and laws, as well as access to benefit-sharing provisions, royalty payments, etc.

How we can protect our indigenous knowledge through IPR?

How to Protect Traditional Knowledge? There are methods through which TK can be protected: a) Positive Protection, and b) Defensive Mechanism. Positive protection means protecting TK by way of enacting laws, rules and regulations, access and benefit sharing provisions, royalties etc.

Is India signatory to Nagoya Protocol?

The Nagoya Protocol has been signed by 92 countries. Five countries have also ratified the Protocol. India signed the Nagoya Protocol on 11th May 2011. India is hosting the eleventh CoP to the CBD in October 2012 in Hyderabad.

What is the 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.

Can traditional knowledge be patented?

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.

Why do we need to protect traditional knowledge and traditional culture?

Why Traditional Knowledge must be protected? Need to protect traditional knowledge have increased with changing time, especially in order to stop unauthorized and commercial misuse of such knowledge. It is important to protect the indigenous people from such loss and also help them to preserve such ancient practices.

Is Nagoya Protocol legally binding Upsc?

UPSC Questions related to Nagoya Protocol Yes, it is legally binding.

How does traditional knowledge help sustainable development?

Traditional knowledge can make a significant contribution to sustainable development. Most indigenous and local communities are situated in areas where the vast majority of the world’s genetic resources are found. Many of them have cultivated and used biodiversity in a sustainable way for thousands of years.

What is the Nagoya Protocol?

The Nagoya Protocol is the first international instrument of particular relevance to indigenous and local communities negotiated since the adoption of the UN Declaration on the rights of indigenous peoples (September 2007). As such it is a significant step in mainstreaming indigenous rights as a cross-cutting issue in international negotiations.

What is the Protocol on traditional knowledge?

The Protocol also contains significant provisions relating to traditional knowledge associated with genetic resources held by indigenous and local communities, as well as to genetic resources held by indigenous and local communities where the rights of these communities over these resources have been recognized.

Can IPRs be recognized over traditional knowledge held by indigenous peoples?

Recognition of intellectual property rights (IPRs) over traditional knowledge (TK) held by indigenous peoples and local communities (ILCs), particularly TK associated with biodiversity and genetic resources (GRs), is an important step in actualising sustainable development.