Adoption of an Access Benefit Sharing Model for Protection of Traditional Knowledge in India

TABLE OF CONTENTS
INTRODUCTION;
RESEARCH METHODOLOGY;
1. DEFINITIONS AND CONCEPTS;
1.1 Traditional knowledge
1.2 Defining Indigenous or Traditional / Local communities;
1.3 Benefit sharing;
2. TRADITIONAL KNOWLEDGE IN INDIA; Traditional knowledge of Kani;
3. PROTECTION OF TRADITIONAL KNOWLEDGE;
3.1 Defensive Protection and Positive Protection;
3.2 Protection of TK at National Level V /s International Level;
3.3 Formal Intellectual Property Rights and Traditional Knowledge;
3.4 Protection of Traditional knowledge under Patents;
3.5 Protection of TK through Trade Secrets;
3.6 Protection of TK through Copyright;
3.7 Protection of TK through Plant varieties legislations;
3.8 Protection of TK through Trade mark;
3.9 Protection of TK through Industrial Design;
3.10 Protection of TK through Geographical Indications;
3-A. SUI GENERIS PROTECTION OF TK;
ACCESS AND BENEFIT SHARING (ABS);
4.1 Obligation to Preserve and Protect TK under CBD
4.2 Bonn guidelines on access to genetic resources and the fair and equitable sharing of the benefits;
4-.2.1 Prior informed Consent;
4.2.2 Mutually agreed terms;
4.2.3 Benefit sharing;
4.2.4 Bonn Guidelines and Traditional Knowledge;
4.2.5 Measures for implementing the access and benefit sharing arrangements;
4.3 International Regime on Access to Genetic Resources and Benefit Sharing;
4.4 ABS under International Treaty on Plant Genetic Resources;
5. INITIATIVES IN INDIA FOR BENEFIT SHARING;
5.1 Access Benefit Sharing: The Kani Experience;
5.2 Other ABS initiative in India;
5.3 Legal Initiatives;
5.3.1 TK and Constitution of India;
5.3.2 Biological Diversity Act, 2002;
5.3.3 Benefit sharing under Biological Diversity Act;
5.3,4 Protection of Plant Varieties and Farmer's Right Act, 200;
5.3.5 Indian Patent Act and TK
5.3.6 Other Laws Related to Biological Diversity and Traditional Knowledge;
5,4 Other Initiatives;
5,4.1 Traditional Knowledge Digital Library;
5.4.2 Community Biodiversity Registers (CBRS);
5.5 Role of NGO's in creating Databases related to Traditional Knowledge;
6. EFFORTS OF WIPO TO EXPLORE POLICY QUESTIONS RELATED TO PROTECTION OF TK;
7. THE EXISTING NATIONAL MODELS OF ABS FOR TRADITIONAL KNOWLEDGE;
7.1 DECISION 391, Common Regime on Access to Genetic Resources of Andean Community;
7.2 The OAU Model Law;
7.3 Brazil: Provisional measure on Access to Genetic resources and TK;
7.4 Biodiversity Law No.7788 of Costa Rica;
7.5 Chinese Patent Law of 2000 and Regulations on the Protection of Varieties of Chinese Traditional Medicine;
7.6 Thailand: Act on Protection and Promotion of Traditional Thai Medicinal Intelligence, B.E. 2542;
7.7 ABS adopted for Mali rice;
8. CONCLUSIONS AND SUGGESTIONS;
BIBLIOGRAPHY;
ANNEXURES