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JIPR Vol.15(2) [March 2010] >


Title: Bridging the Time and Tide –Traditional Knowledge in the 21st Century
Authors: Sreedharan, Sunita K
Keywords: Traditional knowledge
traditional communities
Access and Benefit Sharing (ABS) mechanism
sui generis legislation
genetic resources
Convention of Biological Diversity
Biological Diversity Act
Issue Date: Mar-2010
Publisher: CSIR
Abstract:  Traditional knowledge systems have by and large been relegated to the realm of myths and folklore. However, with the advancement of science and commercial successes chalked up by the pharmaceutical, nutraceutical and cosmetic behemoths, there has been a resurgence of scientific interest in the traditional knowledge systems. India with its vast and ancient pool of traditional knowledge is an easy target for accessing valuable TK and genetic resources. Unregulated access to these may lead to endangering of genetic resources as well as traditional forms of livelihood practiced by traditional communities thus impacting the ecosystem and the socio-economic-cultural fabric of India. This technical note explores immediate need faced by India to enact a sui generis legislation that will ensure that there is a regulated access to traditional knowledge with the prior informed consent of the traditional communities in such a manner that is not only fair and equitable but also in consonance with the traditional values of the traditional communities. It also examines salient features of the proposed sui generis model for the protection of traditional knowledge and traditional cultural expressions tentatively titled ‘The Traditional Knowledge (Protection and Regulation to Access) Bill 2009’.
Page(s): 146-150
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.15(2) [March 2010]

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