Beginning with the ecological, economic, social, and legal facets of biodiversity issues and challenges facing the Himalayan region, the book discusses the Convention on Biological Diversity and subsequent developments. A pioneering work on the protection of the Himalayan biodiversity, it uses tools upheld by international environmental law and examines exhaustively the possibility of evolving regional partnerships for the protection of the Himalayas.
The debate between the technology-rich First World and the bio-rich Third World is studied in detail, with a focus on issues of access and benefit-sharing. The book also examines the gaps in existing and evolving national laws and policies on the protection of biodiversity, and in doing so, envisages a framework of regional laws on the subject.
Chapter 4: Protection of Traditional Knowledge
Protection of Traditional Knowledge
There is an ageless history of biological harmony between indigenous peoples and their environment, a history going back uncounted thousands of years. This benign balance was grounded in use, spirituality, and long-term survival. As such, it transcends industrialized peoples' constant need to find justifications for the protection of that environment.
Protection of traditional knowledge (TK) is a very challenging issue. Despite some breakthrough achieved in the Convention on Biodiversity the normative framework is incomplete and the TRIPS regime has made the dynamics rather complex. Many regional and national initiatives are taken to counter the onslaught of the TRIPS regime on biodiversity and associated TK. This chapter makes an examination of issues relating to TK. It looks into matters ...