NISCAIR Online Periodicals Repository

Research Journals >
Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.13 [2008] >
JIPR Vol.13(5) [September 2008] >

Title: Traditional Knowledge, Intellectual Property Rights and Biodiversity Conservation: Critical Issues and Key Challenges
Authors: Damodaran, A
Keywords: Sui generis
Issue Date: Sep-2008
Publisher: CSIR
Abstract: Based on a survey of the major national and international initiatives undertaken to protect Traditional Knowledge (TK) since 1990s, the paper states that the task of reconciling TRIPS with CBD and other related TK laws is fraught with difficulties. After examining various IPRs in relation to TK, the paper argues that there are clear limits to which former can accommodate the latter especially when it comes to positive protection of TK and related cultural expressions. The main argument in this paper is that sui generis legislations are more effective for the protection of TK and related cultural expressions. A sui generis legislation that views TK as a composite resource, having both economic and cultural features has a better prospect of ensuring protection of TK, besides enabling benefit sharing. By having international regulations that harmonize protection measures, it is guaranteed that national efforts at protection are not wasted due to absence of reciprocity.
Page(s): 509-513
ISSN: 0971-5544
Source:JIPR Vol.13(5) [September 2008]

Files in This Item:

File Description SizeFormat
JIPR 13(5) 509-513.pdf113.48 kBAdobe PDFView/Open
 Current Page Visits: 1051 
Recommend this item


Online Submission of Articles |  NISCAIR Website |  National Knowledge Resources Consortium |  Contact us |  Feedback

Disclaimer: NISCAIR assumes no responsibility for the statements and opinions advanced by contributors. The editorial staff in its work of examining papers received for publication is helped, in an honorary capacity, by many distinguished engineers and scientists.

CC License Except where otherwise noted, the Articles on this site are licensed under Creative Commons License: CC Attribution-Noncommercial-No Derivative Works 2.5 India

Copyright © 2015 The Council of Scientific and Industrial Research, New Delhi. All rights reserved.

Powered by DSpace Copyright © 2002-2007 MIT and Hewlett-Packard | Compliant to OAI-PMH V 2.0

Home Page Total Visits: 171469 since 01-Sep-2015  Last updated on 30-Jun-2016Webmaster: