DOCUMENTATION OF INDIGENOUS KNOWLEDGE SYSTEM OF SELECTED MAJOR TRIBES OF ARUNACHAL PRADESH AND THE RELEVANCE OF INTELLECTUAL PROPERTY RIGHT TO IKS

About us

This website is designed to aware the importance of Indigenous Knowledge System (IKS) / Traditional Knowledge System (TKS) of indigenous community of the eastern Himalaya and their protection of IKS and its products through Intellectual Property Rights (IPR). This initiative is a part of a project funded by National Mission on Himalayan Studies (NMHS), Ministry of Environment and Forest and Climate Change namely “Documentation of Indigenous knowledge system of selected major tribes of Arunachal Pradesh and the relevance of Intellectual property right to IKS”. The PI of the project is Dr. Govinda Pangging and Co-PIs are Prof. C.L. Sharma and Prof. M.B. Sharma of Department of Forestry, NERIST, Nirjuli, Arunachal Pradesh. The project intended to document indigenous knowledge system of some major tribes of Arunachal Pradesh such as Adi, Apatani, Nyishi, Monpa and Wancho and to study its relevance to intellectual property rights.

IKS and IPR

The indigenous knowledge is a backbone of technical know-how of indigenous community and has been practiced since many generations. It passes vertically from one generation to another. This knowledge system not only provides the basic needs viz., food, cloth and shelter but also provides cultural identity to the community. Indigenous people, a term is defined as those people who have distinct culture and are settled prior to new settler (Stoianoff 2004). Indigenous knowledge is encompasses vast knowledge like cultural knowledge, artistic knowledge, medicinal knowledge, natural resource management knowledge, agricultural knowledge, sacred knowledge etc. The practice and protection of indigenous knowledge is need of the hour since intellectual property right has been recognised nationally and internationally. The products and processes used by indigenous communities should be recognised and protected as per Trade Related Intellectual Property Rights (TRIPS) of World Trade Organisation.

International initiative for IKS and IPR

There are many international initiatives which tend to protect the products and process derived from indigenous/traditional knowledge these are:

· Member of World Trade Organization

· General Agreement of Tariffs and Trades (GATT)

· Trade Related Intellectual Property Rights (TRIPS) of World Trade Organisation (WTO)

· Nagoya protocol

· Convention on Biological Conservation 1992 etc.

Traditional knowledge and CBD

The article 8(j) of CBD 1992 is one of the important articles related to protection of IKS. It describes as “knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyle relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices”.

Provision of IPR in India

The provisions of intellectual Property Right (IPR) to protect the indigenous/traditional knowledge has been done in India through Patent act 1970, Copy right act 1957, Trade mark act 1999, Geographical indication of Good act 1999, Protection of plant varieties and farmers right act 2001, National Biodiversity Act 2002, National Biodiversity Rules 2004 etc.

Reference:

Stoianoff, N. P. (2004). Biological Resources and Benefit Sharing: “The Intersection between Traditional Knowledge and Intellectual Property” in S. K. Verma & Raman Mitttal (ed.), Intellectual Property Rights A Global Vision, Indian Law Institute, New Delhi.

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