Authors: Padmavati Manchikanti
Addresses: Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, Kharagpur 721302, India
Abstract: Traditional knowledge resources are not only sources of documented data but can also impact the economy. The role of intellectual property in protection and equitable use of TK is at the forefront of a range of international policy discussions. The TK Rules 2009 drafted by the NBA under Section 36(5) and 62 of the Biological Diversity Act 2002 propose the Traditional Knowledge Register (TKR) of India. The People Biodiversity Registers (PBR) in India is expected to be the largest source of TK in the TKR. Analysis of the PBR formats revealed that there are three categories for recording TK information. The development of the format for the TKR, linking and validation of TK records across the multiple data sources is necessary for proper utilisation of TK information. Gap analysis of the TK Rules 2009 indicates the need to develop application forms and procedure for registration of TK, prior informed consent forms and identify specific rights of local communities with respect to the documented TK.
Keywords: Traditional Knowledge Register; Traditional Knowledge Digital Library; India; intellectual property rights; techno-legal issues; technology; law; knowledge resources; documented data; equitable usage; knowledge protection; policy discussions; international policies; Biological Diversity Act; legislative acts; statutes; legislation; legal rules; regulations; Biological Diversity Rules; National Biodiversity Authority; TKDL; People's Biodiversity Register; information recording; format development; record linking; record validation; multiple data sources; information utilisation; gap analysis; application forms; registration procedures; prior consent; informed consent; specific rights; local communities; intellectual property management.
International Journal of Intellectual Property Management, 2012 Vol.5 No.3/4, pp.254 - 265
Available online: 18 Oct 2012 *Full-text access for editors Access for subscribers Purchase this article Comment on this article