Protection Of Traditional Knowledge As Geographical Indications

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Protection Of Traditional Knowledge As Geographical Indications

  1. 1. Protection of Traditional Knowledge as Geographical Indications : Policy Issues Achintya Nath Sexena 08IP6005 RGSOIPL
  2. 2. Objective To analyze the scope of Geographical Indications protection for Traditional Knowledge and policy requirements in the Indian context.
  3. 3. What is Traditional Knowledge ? Traditional Knowledge (TK) is a broad term referring to knowledge systems, encompassing a wide variety of areas, held by traditional groups or communities or to knowledge acquired in a non-systemic way. These knowledge systems have significance and relevance not only to its holders but to the rest of the humanity. (www.traditionalknowledge.info)
  4. 4. The Value of Traditional Knowledge Economic & Monetary Social & Cultural
  5. 5. Need for Protection of Traditional Knowledge For inclusive development. Protection of National Economic interests w.r.t. manufacturing, retail, and exports. Protection of National Intellectual Property in the form of Genetic Resources, Bio-diversity, folklore and other intangible IP assets. Preservation of National Culture- benefits tourism and national innovation.
  6. 6. Geographical Indications “Geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. (Section 2(c) of the GI(R&P) Act, 1999, India)
  7. 7. Interface between Traditional Knowledge and Geographical Indications (1) Geographical Indications can be applied to tangible manifestations of Traditional Knowledge that can be identified with a geographical region. (2) GI Law can be used to make policy that facilitates inclusive growth based on traditional knowledge across geographical regions of the country.
  8. 8. Geographical Indications : Indian Law The Law of Geographical Indications is a law facilitating holistic economic development and public policy to that effect. It gives rights to the community organizations and associations of manufacturers of the goods to exploit the GI leading to more equitable and distributed growth potential. Marries Social Justice and Sustainable Growth with Intellectual Property Law.
  9. 9. Geographical Indications Protection in India : Issues Policy focus on handicrafts Documentation Post Registration Identification of Stakeholders and facilitation for registration
  10. 10. Suggested Remedies TKDL can be extended to include forms of Traditional Knowledge other than medicinal and bio-diversity based TK Alternatively a separate TKDL for other forms of TK can be implemented Access to post-registration business strategy consulting through State or Central Government agencies and/or NGOs. Documentation and research on potential GIs as a regular feature of academic research.
  11. 11. Conclusion GI is one of the best form of protection for tangible Traditional Knowledge with a traceable geographic origin. It is a tool for inclusive socio-economic development that is rooted in tradition yet is modern in its implementation.
  12. 12. THANK YOU

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