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THE PHARMA REVIEW (MAR 2010)

Biodiversity, Traditional Knowledge and IPR

Dr. D. S. Sankholkar

Abstract
Biodiversity and associated traditional knowledge have a huge commercial potential especially in the context of pharma sector. Until the advent of Convention on Biodiversity and also thanks to the prevailing nature of IPR regime, several cases of misappropriation of biodiversity related traditional knowledge have occurred in the past. The recent Indian biodiversity and patents legislations provide for certain safeguards for protection of traditional knowledge. However, there is a view that these are not sufficient and additional strategies for strengthening the protection are needed. These include modifications to current IPR regime as well as sui generis alternatives to current regime. Author feels that there is a need to debate and evolve transparent policies on sustainable utilisation of traditional knowledge in an objective way and there should be scientific and other forums to discuss specific related issues.

 

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