'16'

BID TO PREVENT BIO-PIRACY GETS MAJOR FILLIP

INTERNATIONAL SEMINAR ON TRADITIONAL KNOWLEDGE CONCLUDES

    The representatives of participating nations expressed a strong desire to establish a coalition for working towards the creation of an instrument at the international level which could ensure that provisions or elements of the legislation and customs like the Indian Biodiversity Bill and the proposed amendments to be Indian Patents Act get recognised in jurisdictions where biological resources and associated TK is being accessed and commercialised. Such use, which may lead to patents, takes place without any rewards accruing to the original inventors or preservers of the wealth of knowledge that has been accessed. Various options were explored for developing such an instrument. It was in this context that the emergence of this coalition becomes significant; as such a coalition would be able to keep their specific concerns paramount in the development of such an instrument.

    The need for a "Development Coalition" was vindicated by the representatives of other countries in agreeing to work towards such a coalition. These countries decided to work on two tracks. The first would be in the context of mandate given by Doha Ministerial Declaration on the relationship between the TRIPs Agreements and CBD (Convention on Bio-Diversity) and protection of traditional knowledge and folklore. It was agreed that the developing country coalition should utilise the mandate given by Doha Declaration to ensure international recognition to the national level provisions to prevent bio-piracy and ensure benefit sharing. The second track is the evaluation of the elements of international recognition that may be necessary to extrapolate the benefits of national level regimes at the international level. It was agreed to work towards development of such international instrument in various other inter-governmental forums like WIPO, CBD, etc. It was also explored whether bio-diversity rich countries can carry the process forward through bilateral agreements between themselves with certain minimum common elements.

    A number of countries expressed strong views on the need for identifying new means for protecting traditional knowledge in the light of increase in globalisation and its impact on local and indigenous communities. Discussions then focussed on the process of identifying essential components of a framework for international recognition of various sui generis systems, customary law and others for protection of TK. Some of the possible components identified include (i) local protection to the rights of TK holders through national level sui generis regimes including customary laws as well as others and its effective enforcement inter-alia through systems such as positive comity of protection systems for TK; (ii) protection of traditional knowledge through registers of TK databases in order to avoid misappropriation; (iii) a procedure whereby the use of TK from one country is allowed, particularly for seeking IPR protection or commercialisation, only after the competent national authority of the country of origin gives a certificate that source of origin is disclosed and prior informed consent, including acceptance of benefit sharing conditions, obtained; and (iv) an internationally agreed instrument that recognises such national level protection. This would not only prevent misappropriation but also ensure that national level benefit sharing mechanisms and laws are respected world-wide.

    The participants recommended that their countries would work together in various inter-governmental forums particularly CBD, FAO, WIPO, WTO and UNCTAD to develop an international framework for the recognition of national systems of protection of traditional knowledge, including diverse sui generis systems. This was found to be particularly relevant and urgent in the context of the ongoing work programme pursuant to the Doha Ministerial Declaration. Further work should also be undertaken by inter-governmental organisations including UNCTAD on protection and commercialisation of TK with a view to promoting its sustainable use.