This action might not be possible to undo. Are you sure you want to continue?
National Botanical Research Institute
(Council of Scientific &Industrial Research),
Rana Pratap Marg, Lucknow-226001
July 20, 2004
WORLD TRADE AND ECONOMIES: THE PARADIGM SHIFT
“Resource – based economies‟ „Knowledge –based economies‟
21 st Century will be the Century Knowledge”……
“A nation‟s ability to convert knowledge in
to wealth and social good through the process of innovation will determine its future” ( R A Mashelkar, 2001)
.st 21 Century 21st century is the century of Biology powered and propelled by scientific knowledge and technological expertise Three technologies namely Biotechnology Herbal technology Information technology (Bioinformatics) are going to be the most powerful elements that are crucial for prosperity and welfare for the people of nations.
WCED submitted its report „Our Common Future‟ in 1987 called for Conservation of Biodiversity for Sustainable Development.Genesis of the Global Concern on Biodiversity First discussed in 1972 U. . The World Commission on environment and Development (WCED) was constituted in 1983. General Assembly by a resolution on 15th December 1972 established UNEP. N. . First Governing Council of UNEP met in 1973 identified Conservation of Nature. N. Wildlife and Genetic Resources as Priority areas. Conference at Stockhlom U.
• 171 countries signed CBD in June 1992 during the Earth summit at Rio de Janeiro.into force as an International Law on 29th Dec. 1993.) UNEP constituted an ad-hoc Working Group of Technological and Legal experts to prepare an international legal instrument for conservation and sustainable use of Biodiversity which resulted in „CONVENTION ON BIOLOGICAL DIVERSITY‟ (CBD). .Genesis of the Global Concern on Biodiversity (Contd.. CBD came .
) India ratified CBD on 18th February 1994 and came into force from 19th May 1994 186 countries are now parties to CBD (as on Feb 2004) OBJECTIVES OF CBD – Conservation of Biological Diversity – Sustainable use of its components – Fair and equitable use of the benefits arising out of the utilization of genetic resources .Genesis of the Global Concern on Biodiversity (Contd..
1623* * In 1623. It was only towards the end of the eighteenth century and during the nineteenth century that comprehensive patent statutes got formalized in various countries. including France and USA. known as the Statute of Monopolies Act of 1623. Great Britain proposed granting exclusive rights for new inventions with a term of 14 years through an act of the Parliament. .C.Chronology of Patent/Monopolistic Rights 700 B. Greece Idea of Monopolistic Rights/Privilege 15th Century 1421 1474 Italy Republic of Florence Venice Great Britain Great Britain Patent introduced First known patent grant by a “State” to an inventor Patent Ordinance Granting rights and privileges to inventors by Queen Elizabeth I Statute of Monopolies proposing grant of exclusive rights to inventors for new inventions for a period of 14 years.
Producers of Phonograms and Broadcasting Organizations Decision to form World Intellectual Property Organization (WIPO) WIPO came into being at Geneva Patent Cooperation Treaty (PCT) WIPO became a UN Agency Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedure GATT Ministerial Meetings (Uruguay Round Conference. Rome Convention for the Protection of Performers.D. 1947 A.URC) Final Round of URC at Marrakesh and declaration of the Final Act to form WTO.D.D. Decision to form WTO on 15th April 1994 World Trade Organization (WTO) came into being .D. 1986-1994 1994 A.D. 1961 A.D. 1970 A.D. Paris Convention for the Protection of Industrial Property Berne Convention for the Protection of Literary and Artistics Works Madrid Agreement Concerning the International Registration of Trademarks Formation of General Agreement on Tariffs & Trade (GATT) Lisbon Agreement for the Protection of Apellations of Origin and their International Registration 1958 A. 1886 A.D.World Intellectual Property Organization (WIPO) & World Trade Organization (WTO) 1883 A. 1970 A.D.D. 1974 1977 A.D. 1995 A.D. 1891 A. 1967 A.
Do not insulate Traditional Knowledge (TK) from intellectual piracy.The fundamental conflicts between CBD and WTO CBD recognizes the sovereign rights of nations over their biological resources and associated knowledge systems. Do not recognize any informal knowledge/ innovations of traditional communities for intellectual property rights. .
IPR & TK IPR: The prime driving force behind industrial growth and development in the 19th & 20th centuries. Do not provide mechanism compensation or benefit sharing indigenous people. Do not recognize the informal system of innovation of indigenous people. for with .
.IPR & TK (Contd. acquiring and defending IPR protection require access to information. good legal advice and financial resources-which are mostly beyond the reach of most of the indigenous people. But there are ways in which these laws can serve the interests of these communities.) IPR laws in general ignore traditional/local communitiesthe interest of because their concept of intellectual property and resource rights are different from those of the advanced societies of developing countries and the developed North countries. However..
China in 1990 resolved to establish a Global Action Plan.International Movements for Protection of TKS First International Congress on Ethnobiology at Belem. Second International Congress on Ethnobiology at Kunming. scientists and environmentalists concerned with the protection of indigenous/ local people rights. The “Kunming Action Plan” for Specific and urgent action to stop the destruction of biological and cultural diversity as mandated in the „Declaration of Belem‟. Global Coalition for Biocultural Diversity to unite the indigenous people. came out with the „Declaration of Belem‟. 1987. . The declaration recognized a basic obligation that procedures to be developed to compensate native people on their knowledge and on their biological resources.
Article 8(j) underlines the need to protect TK and points to the potential benefits to be realized from such knowledge through involvement of its holders and equitable benefitsharing.16). including joint research. Incentives to biodiversity-rich countries to conserve and sustainably use their genetic resources. Article 15 states that when access to genetic resources is granted. it shall be on mutually agreed upon terms and subject to Prior Informed Consent.Relevant Provisions of CBD Article 3 recognizes the sovereign rights of States over their biological resources. . access to & transfer of technology (Articles 15.
) Article 16.. .Relevant Provisions of CBD (Contd. governed by patents.5 anticipates the difference in objectives between IPR regimes and the CBD and seeks to ensure that IPRs don't run counter to the CBD.2 addresses issues surrounding the access to and transfer of technology.. Article 16.
. animals ( other than microbes) and biological processes for the production of the above. involve an innovative/inventive step and are capable of industrial application.Relevant Provisions of TRIPs on Biological Resources Under Article 27. Exceptions to patentability include plants.3(b)). virtually all inventions are to be patented if they are new. However plant varieties must be protected either by sui generis or by patenting (27.
Difference of approach and priority given to issues which are ultimately related. This has led to violation of the CBD (Articles 8.TRIPS-CBD Relationship Absence of explicit compatibility. traditional knowledge (TK) because it doesn't meet the standards of patentability. .15 &16). TRIPs ignores a vast range of valuable.
) TRIPs undermines CBD in cases of biopiracy. Lack of transparency in the patent application procedure.29 of TRIPs is insufficient. Identification of unique source material as required in Art. by putting the burden of proof on the source country rather than patentee.TRIPS-CBD Relationship (Contd.. . TRIPs doesn't require the recognition of domestic laws protecting access to genetic resources and TK and subsequent benefit sharing.
state and national level. Pharmaceuticals. Natural products & byproducts. .IPR Issues / Benefit Sharing Strategies Appropriate Procedures for IPR Protection/Benefit sharing Documentation & Registration of TK – Medicinal plant use & Conservation at local . Functional foods. Contribution to TKDL & TKRC Value addition to TK & Indigenous Medicinal Plants – Scaling up IPRs Herbal drugs. etc. Nutraceuticals.
Strength of India in Biodiversity Rich in all levels of biodiversity species. Excellent opportunity for hunting novel genes. pharmaceuticals. new chemicals/raw materials for new industrial ventures. genes. . habitat Rich in cultural diversity that generated rich fund of indigenous knowledge systems Humanity has tapped only a fraction of this nature’s vast genetic library Over 70-80% genetic resources of India and other South Asian countries are hitherto untapped. drugs.
. the Third World nations like India needs to look ahead for the best possible ways and means by which they can generate IPR and build up IPR covered bioindustrial regimes. are the strength of Asia-pacific countries. Information Technology (IT) and Herbal Technology (HT) are the three fast emerging and powerful areas of R&D in current century.Bioprospecting and the new IPR regime Given the global trends in capturing the intellectual property markets. Biotechnology (BT). The rich biodiversity. associated knowledge systems and human resources etc. and therefore have the best opportunity.
Bioprospecting Chemical Prospecting Drugs and pharmaceuticals Pesticides Cosmetics Food additives Other industrially valuable Chemical products Gene Prospecting Genetic engineering Crop development Fermentation Cell culture Bionic Prospecting Designs Sensor technologies Architecture Bioengineering Biomodeling .
.Bioprospecting: Linkages and leads Biodiversity & IK/TK Biotechnology Information technology Herbal technology Bioprospecting Drug development Pharmaceuticals Agrochemistry Cosmetics Proteins Conservation Sustainable use Benefit sharing Bioinformatics Enzymes New crop varieties GMOs GM foods IPR Designs etc.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.