The Importance of Traditional Knowledge, Intellectual Property Rights in Benefit Sharing

1. Abstract Plants are the basis life on Earth and without their capacity to capture the sun’s energy to the process of photosynthesis, there would not have been any life on the planet. The incredible ability of humankind in exploiting the natural resources around him to his advantage has indeed made human species as the most successful/powerful organism on Planet Earth.The history of human culture and civilization is all about the management and utilization of natural resources around him.Living close to nature, the traditional societies in the third world have acquired unique knowledge about the use of wild flora and fauna and most of which are not known to the people who live away from the natural ecosystem (forests).This knowledge is so invaluable for developing new kind of food, cosmetics, drug and pharmaceuticals and other chemicals of industrial importance. The recent advancements in biotechnology and molecular genetics, particularly in the gene transfer technology (transgenic) have opened new vistas and assumed unlimited power to exploit the genetic resources of the biodiversity.As a result, the potential and actual economic values and genetic materials are increasing rapidly and stimulated international trade in genetic resources commonly known as ‘bio-trade’ which soon led to ‘bio-piracy’ or ‘gene piracy’.The Convention of Biological Diversity (CBD) which has entered into force from December 1993 is a unique international legal instrument to protect the sovereign rights of the state and people over its/their biological resources.“Traditional knowledge” is one of several terms used to describe broadly the same subject matter. Other terms in usage include “indigenous cultural and intellectual property”, “indigenous heritage” and “customary heritage rights”. The Amity Institute for Herbal and Biotech Products Development (AIHBPD) team lead by the PI of this project has played important roles in the National and global debates in promoting Traditional Knowledge, IPR and benefit sharing with back up of technology.Traditional Knowledge and modern technology has to be interlinked optimum returns.However, the legal and operational areas are to be strengthened.With this objective in view a National Conference entitled “Dhishana-2008 Streamlining India’s Traditional Knowledge towards formulating a Sui generis Regime” was organized from 23-25th May, 2008 at Rajiv Gandhi Centre for Biotechnology, Thiruvananthapuram.The recommendation of the conference in the form of Thiruvananthapuram Declaration was issued by a group of eminent scientists, traditional knowledge stakeholders, academicians and activists which are incorporated many recommendations.