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. | Not for loan | LLM163 |
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