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 5: Biological Resources, Traditional Knowledge and Intellectual Property Rights
Biological Resources, Traditional Knowledge and Intellectual Property Rights
Some people's germplasm becomes a finished commodity, a ‘product’, and other people's germplasm becomes a mere ‘raw’ material for that product. The manufacture of the ‘product’ in corporate labs is counted as production. The reproduction of the ‘raw’ material by nature and Third World farmers is mere conservation. The ‘value added’ in one domain is built on the ‘value robbed’ in the other domain.
The relationship between biological resources and associated traditional knowledge and the intellectual property rights has not been an easy one.2 There are numerous instances of these resources and associated traditional knowledge being misappropriated and patented in the name of protecting the inventors' ‘sweat of the brow’—under ...