DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY

SYNOPSIS

Law and Agriculture

“PROTECTION OF TRADITIONAL KNOWLEDGE IN

THE AGRICULTURAL SECTOR IN INDIA"

SUBMITTED BY: UNDER THE GUIDANCE OF:

ANIKET SACHAN Mr. BHANU PRATAP SINGH

ENROLMENT NUMBER: 170101028 ASSISTANT PROFESSOR (LAW)

SECTION: ‘A’ DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER VIII NATIONAL LAW UNIVERSITY

 RESEARCH METHODODLOGY

In the following project, I have employed the method of doctrinal research, critically analysing
data from secondary sources such as cases, Statutes and essays. Information has been collected
from e-based sources too. I have attempted to collect information from all these sources and
attempted to critically analyse the same and form a reasoned project.

RESEARCH QUESTION

1) What are the reasons to safeguard traditional knowledge?

2) What are the issues concerning traditional knowledge in agriculture sector?

3) How far there exist laws to safeguard traditional knowledge at national and international
level?

INTRODUCTION

In both developed and developing countries all over the world, farmers, indigenous and local
communities have traditional knowledge, expertise, skills and practices relating to food
security and to food and agricultural production and diversity. the protection of traditional
knowledge has received increased attention in Convention on Biological Diversity (CBD), the
World Intellectual Property Organization (WIPO), the International Labour Organization
(ILO), the Food and Agriculture Organization (FAO), the World Health Organization (WHO),
the UN Educational, Scientific and Cultural Organization (UNESCO) and the UN Commission
on Human Rights.

ROLE OF TRADITIONAL KNOWLEDGE IN AGRICULTURE

Traditional knowledge plays an important role in the field of agriculture in the developing
countries. Agriculture is mostly related to food security of a country. Traditional Knowledge
includes the knowledge, innovations and practices of indigenous and local communities
around the world which is derived from experience gained over the centuries. Traditional
knowledge is mainly of a practical nature, particularly in such fields as agriculture, fisheries,
health, horticulture, and forestry.

REASON FOR PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA

1) To protect traditional agriculture and food security of Indigenous and local

communities

2
2) To improve the livelihoods of Traditional Knowledge holders and communities- To
benefit national economies
3) To conserve the environment
4) To prevent biopiracy

GENERAL ISSUES REGARDING TRADITIONAL KNOWLEDGE

The introduction of patent system in agriculture raises many controversial issues. Patenting
seed‟ is one of the controversial issues in the field of agriculture and food security.

INTERNATIONAL EFFORTS FOR PROTECTION OF TRADITIONAL

KNOWLEDGE

A number of international treaties were negotiated for access to Biological Diversity and
Traditional Knowledge namely, the Convention on Biological Diversity3 (CBD) in 1992 and
the International Treaty on Plant Genetic Resources for Food and Agriculture
(ITPGRFA) in 1994 with the principles of Prior Informed Consent (PIC), and Access and
Benefit Sharing (ABS) arising from the utilization of genetic resources and associated

EFFORTS TO PROTECT TRADITIONAL KNOWLEDGE IN INDIA

The Protection of Plant Varieties and Farmers’ Rights Act, 2001, (PPVFRA) was enacted to
fulfil India’s obligations under Article 27 (3)(b) of the TRIPS Agreement. It recognizes the
role of farmers as cultivators and conservers, and the contribution of traditional, rural and tribal
communities in the country’s agro-biodiversity. The Biological Diversity Act (BDA), 2002
was enacted to fulfil India’s obligations towards CBD and is one of the important legislations
on protection of TK. The BDA, along with the Biological Diversity Rules, 2004 (BDR) and
the Guidelines on Access to Biological Resources and Associated Knowledge and Benefits
Sharing Regulations, 2014, provides the main access related legislation in India.

IPR PROVISIONS

India has had a much longer experience with patents systems than some European countries
because of its colonial past. The Patent Act of 1970 brought about significant changes. It
excluded patentability of life forms and specifically the patenting of methods of agriculture and
horticulture. A new section 3(j) in the Act rejects patentability of seeds and plant varieties.