TK and ABS – the case of “Aarogyapacha” in India

This item was listed on this week’s Managing Intellectual Property midweek news round up. Thanks to Irina Curca for this blog post!

Access and Benefit sharing (ABS) is a  fundamental concept for those involved in the protection of the traditional knowledge (TK).  One of the main legislative  documents  in the TK field is the Biological Diversity Act 2002  which wants to

“achieve the objective of equity in sharing benefits from such use of resources. Its key provisions include measures for sharing of benefits from the use of biodiversity, including transfer of technology, monetary returns, joint Research & Development, joint IPR ownership, etc.; provisions for local communities to have a say in the use of their resources and knowledge, and to charge fees for this and protection of indigenous or traditional knowledge, through appropriate laws or other measures such as registration of such knowledge.” 

Even though the Biological Diversity Act addresses a number of fundamental TK issues, more needs to be done, as sometimes apparently good projects seem not to come to a happy end.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s