Sambhav-2025

Approach In introduction define Genetic Resources (GRs) and Traditional Knowledge (TK) and their significance. Discuss the challenges in Patenting GRs and TK and Legal Safeguards. Conclude suitably.

Introduction

Genetic Resources (GRs) refer to biological materials like medicinal plants and agricultural crops, while Traditional Knowledge (TK) includes indigenous knowledge systems linked to biodiversity. Despite their economic and cultural importance, patenting them faces hurdles due to biopiracy, weak documentation, and lack of robust global legal frameworks.

Body

Challenges in Patenting Genetic Resources and Traditional Knowledge in India:

• Biopiracy and Misappropriation: Foreign entities patent TK-based products without recognizing indigenous contributions or ensuring fair benefit-sharing (e.g., Neem, Turmeric, Basmati patent cases).
• Lack of Documentation: Many TK systems are orally transmitted, increasing the risk of knowledge loss or misappropriation by corporations.
• Absence of a Strong Global Legal Framework: WTO-TRIPS does not mandate disclosure of the origin of GRs and TK, enabling unauthorized commercial exploitation.
• Impact on Farmers: Multinational corporations patent plant varieties, restricting traditional seed-saving practices (e.g., Monsanto’s Bt Cotton case).
• Climate Change and Biodiversity Loss: Environmental degradation threatens ecosystems that sustain genetic diversity and indigenous knowledge.

Legal Safeguards: Biological Diversity Act, IPR Laws, and WIPO Treaty (2024):

• WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge (2024):
  • Mandates patent disclosure of the country of origin of genetic resources and the Indigenous Peoples or local community that provided the traditional knowledge.
  • Ensures greater transparency in patents and strengthens fair benefit-sharing mechanisms.
• Biological Diversity Act, 2002:
  • Regulates access to biological resources and prevents unauthorized patents.
  • National Biodiversity Authority (NBA) ensures compliance with access and benefit-sharing (ABS) provisions.
• Traditional Knowledge Digital Library (TKDL):
  • A digital database that has successfully prevented wrongful patents (e.g., Turmeric wound healing patent revoked in the US).
• Patent Act, 1970:
  • Requires disclosure of GRs and TK in patent applications, preventing biopiracy.
• The Protection of Plant Varieties and Farmers’ Rights Act, 2001:
  • Recognizes farmers' rights over traditional seed varieties and breeding practices.
• Geographical Indications (GI) Act, 1999:
  • Grants collective rights over region-specific TK-based products (Darjeeling Tea, Mysore Sandalwood).
• Forest Rights Act, 2006:
  • Empowers tribal communities to conserve and sustainably use forest resources.

Conclusion

The WIPO Treaty (2024) strengthens global recognition of TK and GRs, complementing India's legal safeguards. To further protect them, India must enhance research, conservation, and fair benefit-sharing while promoting awareness and integration into policies for sustainable use.