Intellectual Property, Genetic Resources and Traditional Knowledge

1
Intellectual Property, Genetic Resources and
Traditional Knowledge

• Indira Gandhi Open University
• Distance learning programme

Dr. Shakeel T. Bhatti Head Genetic Resources,
Biotechonology and Associated Traditional
Knowledge Section, WIPO
2
Intellectual Property, Biodiversity and
Traditional KnowledgeBackground

• The global economy is growing relative to its
  life-supporting ecosystems
• Biotechnologies create a new economy which -
  utilizes biological systems for production -
  intervenes more directly into ecological systems

3
Intellectual Property, Biodiversity and
Traditional Knowledge Consequences and Challenges

• The dynamics of ecological and economic systems
  become more closely connected.

• The role of IPRs must be examined with a view to
  both sides of this connection.

4
Intellectual Property, Biodiversity and
Traditional Knowledge Objectives

• Objective
• To examine the role of IPRs in
• the joint-system dynamics
• of ecological and economic systems.

5
Joint system dynamics
Trading systems(rule-based, non-discrim-
inatory, free trade)
Biological diversity(conservation, sustainable
use, benefit sharing)

Global Economic Trade System
Biosphere level
Global Economic, Ecological and Information
Systems
IPRs
Regional Markets Trading Systems
Biome level
Local Economic, Ecological and Knowledge Systems
Local Markets Economies
Ecosystem level
6
IPRs in Global Ecological, Economic and
Information Systems
Value chain value-added upstream ...
Traditional knowledge, use of biological
resources
Commercial Products
Bioinformatics Genomics
R D

• Subject matter
• trad. knowledge on the use of biol. resources
• genetic resources
• organisms or parts thereof
• any other biotic components of ecosystems

• Subject matter
• genomic information
• bioinformatics databases
• integration of genomic, clinical, and
  microbiological information in medical and
  bioagrotech research sectors

• Subject Matter
• biotechnological inventions
• new plant varieties and animal breeds
• therapeutic methods
• processes for production of plants and animals

• Subject Matter
• biological products
• biotechnological products
• plant animal varieties
• biotechnological methods and processes

• Relevant IPRs other legal regimes
• Conservation regimes
• Access benefit sharing legislation
• TK protection systems sui generis
• Contractual Agreements
• Customary Laws

• Relevant IPRs
• patents
• trade secrets
• plant variety protection

• Relevant IPRs otherlegal regimes
• patents
• plant variety protection
• trade secrets
• TMs
• geographical indications
• biosafety protocols
• food security, etc.

• Relevant IPRs
• database protection
• patents
• trade secrets

7
Joint system dynamics
Trading systems(rule-based, non-discrim-
inatory, free trade)
Biological diversity(conservation, sustainable
use, benefit sharing)

Global Economic Trade System
Biosphere level
Global Economic, Ecological and Information
Systems
IPRs
Regional Markets Trading Systems
Biome level
Local Economic, Ecological and Knowledge Systems
Local Markets Economies
Ecosystem level
8
adapted from Bandyopadhyay, et.al., 1981(C)
9
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
10
Trunks Big Branches
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
11
Leaves small branches
Trunks Big Branches
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
12
Leaves small branches
Trunks Big Branches
Roots
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
13
Medicines
Leaves small branches
Trunks Big Branches
Roots
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
14
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
15
Housing
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
16
Building carts agricultural devices
Housing
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
17
Agriculture
Building carts agricultural devices
Housing
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
18
Agriculture
Building carts agricultural devices
Commercial Firewood/ Timber
Housing
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
19
Agriculture
Building carts agricultural devices
Commercial Firewood/ Timber
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
20
Agriculture
Building carts agricultural devices
Urban Industrial Market
Commercial Firewood/ Timber
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
21
Agriculture
Rural Industries
Building carts agricultural devices
Urban Industrial Market
Commercial Firewood/ Timber
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
22
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Urban Industrial Market
Commercial Firewood/ Timber
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
23
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Urban Industrial Market
Commercial Firewood/ Timber
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
24
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Urban Industrial Market
Commercial Firewood/ Timber
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
25
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Urban Industrial Market
Commercial Firewood/ Timber
Domestic Energy Supply
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
26
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Urban Industrial Market
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
27
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Organic Manure
Urban Industrial Market
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
28
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Organic Manure
Urban Industrial Market
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
29
Agriculture
Rural Industries
Building carts agricultural devices
Employment
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
30
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
31
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
32
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
33
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
34
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Soil Water Conservation
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
35
Food
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Soil Water Conservation
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
36
Food
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Soil Water Conservation
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
37
Food
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Soil Water Conservation
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
38
Food
Agriculture
Animal Energy
Rural Industries
Building carts agricultural devices
Employment
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
Commercial Firewood/ Timber
Domestic Energy Supply
Green Manure
Housing
Fodder
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
Soil Water Conservation
Roots
Oils for Domestic Use
Fruits Seeds
adapted from Bandyopadhyay, et.al., 1981(C)
39
TMs patents
Food
PBRs patents
Agriculture
Animal Energy
patents
Building carts agricultural devices
Rural Industries
Employment
patents
Animal Waste
Organic Manure
Urban Industrial Market
Animal Husbandry
TMs
patents
Domestic Energy Supply
Green Manure
Housing
Commercial Firewood/Timber
Fodder
TMs
patents
Rural Market
Medicines
Leaves small branches
Trunks Big Branches
patents
Soil Water Conservation
Fruits Seeds
Roots
Oils for Domestic Use
adapted from Bandyopadhyay, et.al., 1981(C)
40
Joint system dynamics
Trading systems(rule-based, non-discrim-
inatory, free trade)
Biological diversity(conservation, sustainable
use, benefit sharing)

Global Economic Trade System
Biosphere level
Global Economic, Ecological and Information
Systems
IPRs
Regional Markets Trading Systems
Biome level
Local Economic, Ecological and Knowledge Systems
Local Markets Economies
Ecosystem level