Topic- Effects of liberalization on the economy, changes in industrial policy and their effects on industrial growth.
5) A comprehensive protection of traditional knowledge in India can be secured only through a multipronged approach. Discuss.(250 words)
Why this question
The article provides a deep and a clear insights into the need for protecting Traditional Knowledge, challenges involved therein and possible solutions.
Discuss- this is an all-encompassing directive which mandates us to write in detail about the key demand of the question. we also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
The question wants us to write in detail about the need for a multipronged approach in order to secure a comprehensive protection of Traditional Knowledge in the current IPR regime.
Structure of the answer
Introduction- write a few introductory lines about the Traditional Knowledge, its diversity, content, nature of record/ transmission etc.
Discuss the need for providing comprehensive protection to traditional knowledge. E.g Developing countries, traditional knowledge holders and ILCs largely realised the imperative for the protection of traditional knowledge under the IPR regime administered internationally through the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), 1992, in the wake of certain cases of biopiracy of plants such as neem, turmeric, and ayahuasca; the National IPR Policy insistently makes the case for defensive measures, or measures which are primarily targeted at preventing IPR claims on traditional knowledge being granted to unauthorised entities. It extensively advocates the use of documentation (strengthening and expanding the Traditional Knowledge Digital Library [TKDL]), as a means to establish prior art, made available to patent examiners across the world, thereby preventing IPR claims to traditional knowledge being granted to unauthorised entities, while also encouraging the possibility of its greater use for further research and development; It has been recognised that there are a number of gaps in securing positive patent protection for traditional knowledge, which includes both a formal gap in the legal scope of possible protection as well as practical gaps (WIPO 2008); Concerns have also been manifest throughout the world about persons other than those belonging to ILCs or traditional knowledge holders exploiting or abusing the patent system to secure patents over traditional knowledge which are legitimately the property of the former
Discuss how Traditional Knowledge can be comprehensively secured. E.g comprehensive protection of traditional knowledge can be secured only through a multipronged approach which includes using the conventional IPR regime to the extent feasible to secure both negative and positive protection, increased interface between the IPR regime and other regimes (biodiversity, ABS regimes), amendments to the existing legislation to further strengthen the traditional knowledge enabling provisions, as well as considering the case for a sui generis mechanism. Such efforts are, however, not enough in a globalised world order and it is indispensable that the interests of a developing country like India, with rich traditional knowledge and ILCs dependent on it for livelihood, prevail in the rule-setting organisations at the global level, be it the TRIPS or CBD etc.
Take the help of the article attached to the question to understand the issue better and to frame your answer.
Conclusion– based on your discussion, form a fair and a balanced conclusion on the given issue.