Answer:
Human communities have always generated,
refined and passed on the knowledge from generation to generation. Such
knowledge is called traditional knowledge and is often an important part of the
cultural identities. A number of cases relating to traditional knowledge have
attracted international attention.
As a result, the issue of traditional
knowledge has been brought to the general debate surrounding intellectual
property. These cases involve, what is often referred to as 'biopiracy'.
The examples of turmeric and
neem (Indian traditional herbal medicine) illustrates the issues that can arise
when patent protection is granted to inventions relating to traditional knowledge
which is already in the public domain. In these cases, invalid patents were issued
because the patent examiners were not aware or the relevant traditional
knowledge.
e.g., India is one of the
country possessing the richest diversity of rice (2000 varieties).
Basmati rice is distinct for its
unique aroma and flavour and 27 documented varieties of Basmati are grown in
India. There is reference to Basmati in ancient texts, folklore and poetry, as
it has been grown for centuries.
In 1997, an American company
Rice teen. Gotpatent rights on Basmati rice through the US patent and Trademark
Office. This allowed the company So sell a 'new' variety of Basmati, inthe US
and abroad.
This 'new' variety of Basmati
had actually been derived from Indian farmer's varieties. Indian
Basmati was crossed with
semi-dwarf varieties and claimed as an invention or a novelty.
The patent extends to functional
equivalents, implying that other people selling Basmati rice could be
restricted by the patent.
If we are not vigilant and we do
not immediately counter these patent applications, other countries/individuals
may en cash on our rich legacy and we may not be able to do anything about it.
However, India achieved success
in contesting patent for Basmati, rice as on September 2000 Rice teen withdraw
the claims contested by India. Therefore, ignoring our traditional knowledge
can be proved costly in the area of biological patenting.
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