Traditional Knowledge (TK) and Intellectual Property Rights (IPR)

  • Compile and disseminate information for policy options for patent law reform, particularly concerning
    utility patents and patents on research tools,
  • Build the capacity of national institutions to keep up with new global trends in intellectual property rights,
    and build capacity for granting patents and for patent law enforcement,
  • Encourage enhanced public sector investment in biotechnology and bioprospecting,
  • Take existing sui generis systems, where available, and other forms of IPR protection, whichever are applicable to TK, into account when considering options and developing legislation related to TK,
Fig.18. Dr. Seema Joshi UNDP Equator initiative representative & others at GBF meeting in Dhaka
  • Consider CBD Article 8j when developing national sui generis systems for protecting traditional knowledge,
  • Consider the options under the International Treaty on Plant Genetic Resources while considering national
    protection for breeders and farmers,
  • Make explicit links with the existing intellectual property rights regime, and put in place a mechanism for reviewing the existing regime in light of developments at the global level,
  • Review and analyze the mechanisms contained in existing law and how they operate in practice, and
    make necessary reforms,
  • Use a combination of legislation and voluntary measures to regulate use of traditional knowledge and its relationship with the existing intellectual property rights regime.
 
 

IV: IMPLEMENTING A REGIONAL APPROACH TO TAXONOMIC CAPACITY BUILDING
Participants further noted that new or strengthened taxonomic capacity (in the form of expertise, infrastructure and information) was needed to meet current priority demands on taxonomy in the region, including (NB not in order of priority):

  1. Electronic documentation of species lists, distributions and identifications:
    1. to enable countries to know their own biodiversity resources and thus establish baseline data at specific and infraspecific levels to enable biodiversity management decisions to be taken at regional, national and local levels;
    2. to facilitate Environmental Impact Assessments studies and thus providing tools for the managers of those areas to take the most appropriate actions in their environment management work.
    3. to enable conservation of biodiversity in line with Global Strategy for conservation by:
      • Identification of rare and endangered species,
      • Identification of endemic species,
      • Identify the most appropriate areas for protection,
      • Developing awareness of biodiversity elements and equitable access to the benefits of genetic
        resources.
    4. to facilitate in protection of IPR and prevention of biopiracy particularly in the context of the article 8j of CBD i.e. Access and Benefit-sharing issues.
 
 
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