Importance Of Law In Law

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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:…show more content…
In the ancient times, knowledge was purely a subject matter of fame and reputation which has been disseminated with no returns. However, various developments taken place in the evolution of societies recognized knowledge as a property and many rights were attached to the knowledge holder. The industrial boom created by the industrial revolution highlighted the importance of technology and innovations. It resulted in the realization that certain types of knowledge require protection for the benefit of the greater good of the society, thus leading to the concept of intellectual property (IP) creating rights over certain sets of knowledge. When the society transformed from a pre-industrial society into an industrial one, developed countries moved towards a technological orientation leaving behind traditional practices and knowledge and embraced newer practices and ideas having much commercial potentiality. However, it was evidenced in the past decades that the traditional knowledge (TK) and practices possess answers for many problems even where modern science and technology fail. Thus, knowledge that was no longer part of the developed societies, but retained by the traditional indigenous societies gained attention and became the topic for debate in the international fora. TK has never been, until recently, a topic for discussion under intellectual property rights (IPRs)…show more content…
TK is capable of providing sustainable solutions to many modern day problems especially in health care, biotechnology and agricultural sectors. TK has the potential of being translated into commercial benefits by providing valuable leads for development of useful products and processes. The commercialization of TK by others with no benefits to the holders is a blatant piracy. Biopiracy and patenting of TK is a double theft because first it allows theft of creativity and innovation of indigenous communities, and secondly, the exclusive rights established by patents on pirated knowledge steal economic options of everyday survival on the basis of preservation of biological diversity and associated traditional knowledge. The patents can be used to create monopolies and make everyday products of indigenous communities highly priced. The local and traditional communities who have conserved and developed TK are not being given a share in the benefits arising out of use of such traditional knowledge, in particular where use takes place outside of the country of origin. The current global practice of obtaining IP protection on TK based products with sharing of no benefits to its original holders needs to be stopped urgently. The holders of TK need to be acknowledged and rewarded. They should also be encouraged to apply their knowledge in developmental activities. However, the indigenous communities who preserve the
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