REVIEW ON IPR ASPECTS FOR USE OF PLANT BASED BIO-RESOURCES AND THE ASSOCIATED TRADITIONAL KNOWLEDGE

Intellectual property rights in bio-diversity are a significant part of the economic and policy landscape. During the past few decades the link of biodiversity and plant based traditional knowledge to Intellectual property protection is noted as one of the very contentious issues globally. Traditional knowledge is considered a form of IP as well a part of public domain and so not protected under the system of IPR. Further, bio-diversity which includes genetic resources is generally not considered IP as being considered as the gift of nature. In view of immense value of traditional knowledge, numerous commercial entities have misappropriated traditional knowledge without the consent of its original holder and the traditional society maintaining the traditional knowledge, since a long time. This paper reviews such plant based cases and norms on IPR issues on biological traditional knowledge internationally. This spot out the, concern norms pointing the IPR regime as existing can be used to protect TK, particularly the Geographical Indications and trade secret by mean of prior informed consent and sharing of benefits. Although, the TK is considered IP but internationally, it yet to be protected under IPR or any other related tools.