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Breakaway Session Traditional Knowledge Protection and IPR Issues (17 th November, 2006)

International Conclave on Traditional Medicine. Breakaway Session Traditional Knowledge Protection and IPR Issues (17 th November, 2006). Mr. V K Gupta Director, NISCAIR, New Delhi. Elements of Sui-generis for TK Protection.

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Breakaway Session Traditional Knowledge Protection and IPR Issues (17 th November, 2006)

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  1. International Conclave on Traditional Medicine Breakaway SessionTraditional Knowledge Protection and IPR Issues(17th November, 2006) Mr. V K GuptaDirector, NISCAIR, New Delhi

  2. Elements of Sui-generis for TK Protection • Definition of IP adopted in Stockholm Convention (art 2.8), 1967 • “Intellectual property’ shall include the rights relating to inventions in all fields of human endeavour, literary, artistic and scientific works, performances of performing artist, phonograms, and broadcasts, scientific discoveries, and industrial designs • Inventions are not limited to S&T innovations alone, cover all fields of human endeavour including TK, TCE & Genetic Resources

  3. Inadequacy of existing IPRs for TK Protection • Can not prevent misappropriation • TK is holistic • Positive protection need fragmentation • Cost & affordability

  4. Existing Scenario • Inter Governmental Committee on Intellectual Property Rights, Genetic Resources, Traditional Knowledge & Folklore (IGC) • Convention on Biological Diversity • Draft Legal Instrument for SAARC Countries on protection of Traditional Knowledge • Sui-gen eris protection of Traditional Knowledge under the Peruvian Law • Portugal Sui-generis Legislation for the protection of Traditional Knowledge • Costo Rica Law-Decree No. 7788 • Sui-generis elements • Zero cost/minimal cost • Ownership dispute through opposition • National/Regional • Fair and just benefit through market mechanism akin to Patent system

  5. CBD & TRIPS • Granting of IPRs (TK & GR) • Indication of source of origin • Prior Informed Consent • Evidence of Benefit Sharing • Relationship between TRIPS & TK (Doha declaration), Submission to WTO • EU approach on indication of source of origin

  6. IGC – Developments – Draft (TK Protection) • Policy objectives (16) • Respect, Recognition • TK Conservation & preservation, TK holder • PIC & ABS • TK & TCE linkages • Core principles (9) • Need & Expectations • Recognition • Customary laws • Specificity of TK • Substantive Principles (14) • Misappropriation • Scope, Eligibility • Beneficiary, PIC & ABS • Duration of Protection • International and Regional Protection

  7. SAARC Legal Framework (Draft) • Registration and setting up of Licensing mechanism • Protection for open domain TK databases • Defensive protection and faster invalidation of wrong Patent • Customary Laws

  8. Peruvian Law • Registration & Licensing • National Public Registrar of Collective Knowledge of Indigenous people. • National Confidential Register of Collective Knowledge of Indigenous people • Local Register for Collective Knowledge of Indigenous people.

  9. Thanks

  10. Case Shaman Tribe Fable — Cost of Protection (US $)

  11. Case Shaman Tribe Fable — Cost of Protection (US $)

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