Law Vs Traditional Knowledge Essay

School of Law Rights and Constitutional Governance
TATA INSTITUTE OF SOCIAL SCIENCES
Mumbai – 400088

Assignment Submission Name : NITIN TOPPO
Enrolment No. : M2014ATJ015
Programme Name : Master of Law in Access to Justice
Course Title : LAW AND JUSTICE IN A GLOBALISING WORLD
Course Code : FC01
Course Teacher : Prof. S. PARSURAMAN
Semester : 2ND Semester

Assignment Title : TRIPS vs. TRADITIONAL KNOWLEDGE

Signature of the Student : ………………………

Grade Assigned: Signature of Teacher:

India is home to 400 unique ethnic groups who possess various TK. India also houses over 47,000 species of plants and around 89,000 species of animals. People in India have a very valuable collection of knowledge about trees and plants and their medicinal qualities. India is rich with many traditional health care practices including Ayurveda and Unani. The Knowledge Commission of India has emphasized the importance of TK by stating that 70% people living in the Indian village depend on traditional medicines for their health care.6 The immense potential and continued importance of TK and techniques in meeting basic needs of people in India were highlighted in the following words at the Traditional Science and Technologies Congress of India : “ In spite of remarkable progress in many fields, we have still not been able to feed, clothe, shelter, educate or employ all our people. While the size of our population has been held out as the main reason for scarcity of all resources, it appears that there is another very important dimension to this phenomenon. This has something to do with the very image we have of what constitutes resources for development in our context. If houses can be built only with cement and steel, then it is quite possible that there may be no way in which we can think of

Rather by recognizing patentability of genetically modified organisms the 18 current IPR regime has accelerated the misappropriation of TK and associated bio genetic resources. The prevailing IP regime is incapable of fitting the emerging issues of protection of TK within its mould. The essay tries to highlight how TK, which is an invaluable asset of our country, is getting lost. Most of the TK forms are interlinked with nature and biological diversity. Hence, protection of TK has direct connection with protection of biogenetic resources of our country. The loss of biogenetic resources and associated TK will not only deprive the world of a unique knowledge-base but also threaten the very survival of local communities. Letting the biodiversity and the associated traditional knowledge disappear would be at the world’s own peril. The humanity would be paying a heavy price for not conserving and keeping the resources alive for future generations. Hence, protection of TK is essential in many aspects. The increasing demand in the research, development and commercialization of TK based products by MNCs and the subsequent harm to the TK holders necessitate adequate protection of TK from