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Gene Campaign had
organized a public discussion on
Legal
Protection of Indigenous Knowledge of
Bioresources, on 20 December, at the India International Centre, New Delhi. The
discussion was based on the outcome of a two-year research programme to identify
the components of a legal regime that could be used to protect the IK related to
bioresources and to assess whether existing legal instruments could be amended
to protect IK or whether there is a need for a new
sui generis legislation to protect the
intellectual property of farming and tribal communities.
This
research supported by the International Development Research Centre, Canada ,
has critically analyzed international conventions like the Convention on
Biological Diversity (CBD), the WTO/TRIPS Agreement, and the International
Treaty on Plant Genetic Resources (ITPGR), as well as the domestic laws : the
Protection of Plant Varieties and Farmers’ Rights Act, 2001, the Biological
Diversity Act, 2002, the Patent (Amendment) Act, 2005 and the Geographical
Indications of Goods (Protection and Registration) Act, 1999. In addition to
these, the Forest and Wildlife legislation as well as the Seeds Bill and the
Tribal Rights Bill have been analysed
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