Traditional knowledge, intellectual property rights and biodiversity conservation: critical issues and key challenges

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, call 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.