1)LEGAL CONCEPTS OF PROTECTION OF TK:

1) Prior Informed Consent (PIC):

Full Consultation: Prior Informed Consent emphasizes the importance of engaging
traditional knowledge holders in a comprehensive and respectful manner. This
involves thorough consultations, ensuring that the holders are fully informed
about the nature and purpose of the intended use of their knowledge.
Mutual Agreement: PIC seeks to establish a mutual agreement between
traditional knowledge holders and third parties, promoting a collaborative
approach that respects the autonomy of the holders in deciding how their
knowledge is used.
Informed Decision-Making: The principle underscores the need for transparent
and accessible information, enabling traditional knowledge holders to make
informed decisions about the use, commercialization, or sharing of their
knowledge.

2) Equitable Benefit Sharing:

Balancing Interests: This principle aims to strike a fair balance between the rights
of traditional knowledge holders and the broader interests of society. It
recognizes that the benefits derived from the use of traditional knowledge should
be shared in an equitable manner.
Fair Compensation: Equitable Benefit Sharing ensures that traditional
communities receive fair compensation for the commercial exploitation of their
knowledge. This compensation can take various forms, such as monetary benefits,
capacity-building initiatives, or other forms of support that contribute to the well-
being of the community.
Preventing Exploitation: The principle acts as a safeguard against the unjust
enrichment of third parties at the expense of traditional knowledge holders,
fostering a more ethical and sustainable approach to the utilization of traditional
knowledge.

3) Unfair Competition:
Protection Against Misleading Practices: Unfair Competition addresses deceptive
practices that may mislead the public regarding the origin or characteristics of
products associated with traditional knowledge. This includes false claims,
misappropriation, or any act that creates confusion in the marketplace.
Legal Remedies: Traditional knowledge holders can seek legal remedies under
unfair competition laws to prevent unauthorized use of their knowledge or to
counter false representations that may harm their cultural identity or economic
interests.
Preserving Cultural Integrity: By combating unfair competition, this concept
contributes to the preservation of the cultural integrity and authenticity of
products linked to traditional knowledge.

4) Patents:
Innovation Protection: Traditional practitioners who innovate within their
traditional knowledge framework can use the patent system to protect their
inventions. This allows them to secure exclusive rights to their innovations and
prevents others from using, making, or selling the patented inventions without
permission.
Encouraging Innovation: The patent system provides an incentive for traditional
knowledge holders to continue innovating by offering legal protection,
encouraging the documentation of traditional knowledge, and promoting its
integration with modern technologies.
Balance of Rights: Balancing patent rights with the need to preserve cultural
heritage is crucial, and special considerations may be required to avoid the
misappropriation of traditional knowledge through the patent system.

5) Distinctive Signs:
Trademark Protection: Traditional signs, symbols, and terms associated with
traditional knowledge can be protected as trademarks, collective marks,
certification marks, or geographical indications. This legal recognition helps
prevent the unauthorized use or imitation of these distinctive elements.
Market Recognition: Registering traditional signs as distinctive marks enhances
their market recognition, allowing traditional knowledge holders to build brand
value and differentiate their products from others in the marketplace.
Cultural Identity Protection: Distinctive signs protection not only safeguards
economic interests but also plays a vital role in preserving the cultural identity and
heritage associated with traditional knowledge.

6) Customary Laws:
Internal Governance: Customary laws, protocols, and practices within traditional
communities serve as internal governance mechanisms for the development,
preservation, and transmission of traditional knowledge. These customary laws
often define the rights and responsibilities of community members regarding the
use and sharing of knowledge.
Cultural Norms: Customary laws reflect cultural norms and values, providing a
framework for resolving disputes and ensuring the sustainable management of
traditional knowledge within the community.
Community Consent: The recognition of customary laws reinforces the
importance of community consent and participation in decisions related to the
use and protection of traditional knowledge, aligning with the broader principles
of Prior Informed Consent.

IMPORTANCE OF PROTECTION OF TK:

 Cultural Heritage: Protecting traditional knowledge preserves unique
cultural practices and wisdom.
 Indigenous Rights: Ensures indigenous communities maintain control over
their cultural and intellectual heritage.
 Biodiversity Conservation: Supports eco-friendly practices and sustainable
management of natural resources.
 Economic Empowerment: Helps communities benefit economically from
their skills, products, and services.
 Scientific and Medical Insights: Provides valuable information for scientific
advancements, especially in medicine.
 Intercultural Dialogue: Facilitates positive interaction between traditional
communities and wider society.
 Climate Change Adaptation: Contributes to resilience and adaptation
strategies in the face of climate change.
 Human Rights and Social Justice: Upholds principles of human rights,
including the right to self-determination.
 Educational Transmission: Preserves traditional knowledge for future
generations, contributing to a holistic education.

2) FOOD SECURITY OF PROTECTION OF TK

TK plays an important role in the field of agriculture in the developing countries.

Agriculture is mostly related to food security of a country.

What is Food Security?

The Food and Agricultural Organization (FAO) states that food security emerges when all
people at all times have physical and economic access to sufficient, safe and nutritious food to
meet their dietary needs and food preferences for an active and healthy life. Food security has
three important and closely related components, which are listed below
1. Availability of food
2. Access to food
3. Absorption of food.

Food security in India:

Food security refers to ensuring adequate food supply to people, especially those who
are deprived of basic nutrition. Food security has been a major concern in India. According to
UN-India, there are nearly 195 million undernourished people in India, which is a quarter of
the world's hunger burden. Also, roughly 43% of children in India are chronically
undernourished.[1] India ranks 71 out of 113 major countries in terms of food security index
2020. Though the available nutritional standard is 100% of the requirement, India lags far
behind in terms of quality protein intake at 20% which needs to be tackled by making
available protein-rich food products such as soybeans, lentils, meat, eggs, dairy, etc. at
affordable prices. The Human Rights Measurement Initiative finds that India is doing 56.8%
of what should be possible at its level of income for the right to food.
Food Security Programs of India
1. Public Distribution System. – A major chunk of Government Expenditure on Food
Security is spent on Food Subsidies which are implemented through the Targeted
Public Distribution System.
2. Mid-Day Meal Scheme
3. Integrated Child Development Services Scheme.
The food management system and food price policy, to ensure food security in India thus
consists of three major instruments,
1. Procurement at minimum support prices,
2. The maintenance of buffer stocks, and the
3. Public Distribution System.
Laws on Food Security – India
In order to provide the Right to food to every citizen of the country, the Parliament of
India, enacted legislation in 2013 known as the National Food Security Act, 2013. Also called
the Right to Food Act, this Act seeks to provide subsidized food grains to approximately two-
thirds of India’s 1.33 billion population. Food Subsidy is the foundation on which the
National Food Security Act 2013 is implemented in India.

National Food Security Bill, 2013

1. This Bill was introduced in Lok Sabha on 7th August 2013
2. It was passed in Lok Sabha on 26th August 2013.
3. The National Food Security Bill was passed in Rajya Sabha on September 02, 2013.
Civil Service Exam aspirants can learn more about the National Food Security Act, 2013 in
the given link.
Food Security Programs of India
1. Public Distribution System. – A major chunk of Government Expenditure on Food
Security is spent on Food Subsidies which are implemented through the Targeted
Public Distribution System.
 2. Mid-Day Meal Scheme
3. Integrated Child Development Services Scheme.
The food management system and food price policy, to ensure food security in India thus
consists of three major instruments,
1. Procurement at minimum support prices,
2. The maintenance of buffer stocks, and the
3. Public Distribution System.

Food Subsidy in India – Implementation

Food Security of beneficiaries is ensured by distributing food grains at subsidized prices
through the Targeted Public Distribution System (TPDS). It protects them from price
volatility due to inflation. Over the years, while the spending on food subsidy has increased,
the ratio of people below the poverty line has decreased.
The Ministry of Consumer Affairs, Food, and Public Distribution is the nodal ministry for the
implementation of food subsidy. This Ministry has 2 Departments which are given below
1. Department of Food and Public Distribution
2. Department of Consumer Affairs
98% of this Ministry’s budget is allocated to the Department of Food and Public Distribution.
3) GEOGRAPHICAL INDICATORS ACT 2003
A geographical indication (GI) is a name or sign used on products which
corresponds to a specific geographical location or origin (e.g., a town, region,
or country). The use of a geographical indication, as an indication of the
product's source, acts as a certification that the product possesses certain
qualities, is made according to traditional methods, or enjoys a good
reputation due to its geographical origin.

Geographical indications (GIs) are marks, signs or symbols which indicate that
the associated goods:

• originate from a specific geographical area or country;

• are produced using traditional knowledge or processes stemming from a
specific geographical area of a country; and
• Bear distinctive characteristics, qualities and reputations that are
attributable to a specific geographical area or country.
Many countries have adopted GI laws to protect indigenous products,
including handicrafts and agricultural, natural, horticultural and industrial
products originating from a specific region.
On 27 March 2020, after revisions and much deliberation, Parliament finally
passed the Geographical Indications (Registration and Protection) Act 2020 in
order to establish a system for the recognition, registration and protection of
GI rights in Pakistan.
Geographical Indications (Registration and Protection) Act 2020
The act's salient features are as follows:

• Its main purpose is to provide:

  statutory protection to GIs in consideration of the public interest,
economic reforms and Pakistan's least developed areas
• Under the act, GIs can be registered by a natural or legal person,
government organization or statutory body, association or group of producers
or producer organization or operator with an interest in the registration.
• The definition of 'geographical indication' covers agricultural goods,
natural goods or manufactured or produced goods of a particular territory,
region or locality of certain quality, reputation or other characteristic of the
goods or ingredients or components essentially attributable to its geographical
origin. Further, GIs for manufactured goods cover activities relating to the
production, processing or preparation of the goods in a specific territory.
• The act establishes the Geographical Indications Registry, which will be
managed and controlled by the Intellectual Property Organization of Pakistan
(IPO). The IPO Trademarks Registry and its branches established under the
Trademarks Ordinance 2001 will carry out functions of the Geographical
Indications Registry and its branches until a separate GI registry is established.
• GI registration for any or all goods in a definite geographical territory
covers classes of goods listed under the international classification of goods for
the purposes of GI registration.
• GI registration is prohibited where a mark:

✓ would contravene the definition of 'geographical indication' under the

act;
✓ would likely cause deception or confusion;

✓ cannot be protected or protection has ceased or it is no longer used in

the country of origin;
✓ is considered a generic name or an indication; or
✓ Is unregistrable on moral or public policy grounds.

• The act also considers homonymous GIs, which are spelled or

pronounced similarly but which identify products originating from different
places, usually in different countries. In principle, these indications should
coexist, but such coexistence may be subject to certain conditions.
• A homonymous GI can be registered provided that:

✓ the registrar is satisfied that it is different from other homonymous GIs;

✓ producers of the associated goods will be treated equally; and

✓ Consumers will not be confused or misled.

• A foreign GI registered in the country of origin can be registered in

Pakistan if it has not ceased to be protected in its country of origin.
• The Federal Government will be the exclusive owner of all GIs in
Pakistan and may allow other responsible statutory bodies, public bodies, local
or provincial administrations,government enterprises or any governmental
organizations to register a GI in their name. Further, registrants may allow
producers and operators to use and apply to the registry for obtaining
registration as authorized users.
• GI registration applications must include:

✓ the GI mark;

✓ the class of goods and area to which the GI applies;

✓ the country of origin;

✓ producer or operator statements; and

✓ Details of the quality, specifications and characteristics of the associated
goods.

• GI registration is granted subject to confirmation of products seeking GI

registration by the designated certification body and the registrar's
examination and acceptance thereof.
• A party may, with the registrant's consent, apply for registration as an
authorized user of a GI. Subject to examination and public notification for
opposition purposes and fulfilling certain conditions, an authorized user
registration may be granted by the registrar.
• A division for regulatory mechanism will monitor and inspect GI products
to ensure compliance with the book of specifications (ie, a document
completed by the applicant which specifies the GI goods' geographical area,
production standards or product specifications and qualification process).
• GI registrations which are ongoing and authorized generally last for 10
years and can be renewed.
• Authorized users have the exclusive right to use a GI and prevent others
from using it.
• Use of a registered GI is subject to compliance with product
specifications and includes applying the GI to products, packaging, advertising
materials and any other document relating thereto.
• The registry's GI certification comprises the National Geographical
Indication logo along with the registered name of the GI product.
• Registered GI infringement includes:

✓ use of an identical or deceptively and confusingly similar mark;

✓ falsely indicating a country of origin; or

✓ Non-compliance with the book of specification, as recorded in the
registration.

• Registered GI infringement does not include:

✓ use in good faith or to indicate the intended purpose of goods;

✓ use of a person's name or the name of a place of business or its

predecessors that is unlikely to confuse or otherwise interfere with an existing
GI; and
✓ Use in comparative advertising.

• In an infringement action, all such relief by way of damages, injunctions,

accounts or otherwise will be available to the holder or registrant and the
authorized user of the GI as is available in respect of the infringement of any
other property right. Further, the rights of action against any party for passing
off goods as the goods of another party or the remedies in respect thereof
remain unaffected.
• Suit for infringement of a GI or any other GI right can be instituted only
in the IP Tribunal.
• Any interested party or group of producers or consumers that seeks to
prevent infringement of a registered GI may institute proceedings before the IP
Tribunal; however, no proceedings can be instituted for an unregistered mark
to recover damages by any other party.
• Use of a GI by a party either without the consent of the GIs registrant or
an authorized user thereof or which falsely represents an unregistered GI as
registered is punishable with imprisonment and a fine.
• An authorized user's GI rights cannot be subject to assignment,
transmission, licensing, pledge, mortgage, licensing or any similar agreement
of the registered GI. However, if an authorized user dies, their GI right will
devolve to their successor in title.
• An application to rectify a GI registration may be filed by any party
having interest in an error or omission in the register. The registrant may file
an application to amend, correct or cancel the registration of an authorized
user for failing to observe the applicable conditions and restrictions.
• An appeal against any decision of the registrar will lie before the
relevant high court with jurisdiction.