A Primer to Traditional Knowledge Protection in India: The Road Ahead

As India moves ahead in the twenty-first century to be a global player, it must take a balanced and inclusive approach. Marginalized and vulnerable tribal communities make approximately 10% of the massive population, playing a dynamic role in this regard. Their ancestral knowledge can be explored to inculcate the ethos in multiple disciplines. This would most certainly bring the much-needed balance in achieving the United Nations Sustainable Development Goals. Where the world is fast losing its natural resources, promoting traditional knowledge (TK) could become an initiative for its reconstruction in post-COVID 19 scenarios. Apart from reinstating the rights of these indigenous communities, this step would also facilitate the economic benefit of the country through the incorporation of TK in the realm of Intellectual Property. This would be a masterstroke for India to lead the Global South. This would also bring in a balance with the Global North, where significant developments have already taken place, in this regard. TK per se should not necessarily be protectable unless based on scientific evidence.

Digital biopiracy and the (dis)assembling of the Nagoya Protocol

Technological leaps in DNA sequencing and synthesis are disrupting tenuous access and benefit-sharing (ABS) arrangements between 'users' and 'providers' of genetic resources. For some this signals a new era of open-source gene banks to address global challenges, but to others it threatens a new wave of unjust digital biopiracy. This paper explores the issue of digital sequence information (DSI) at the 2016 Cancun negotiations of the UN Convention on Biological Diversity and its Nagoya Protocol on ABS, and its continued relevance today. While some research has addressed potential solutions to digital sequencing and ABS, little attention has been paid to the problematization of the issue itself. This paper addresses this gap with a fine-grained view of the negotiations as an ethnographic site of contestation. We approach the Nagoya Protocol as an assemblage seeking to govern ABS. We trace how the unruly component of DSI threatens this already fragile assemblage by disrupting simplified notions of genetic resources, scientific discovery, and R&D. Our data from the negotiations reveals three major points of tension: the materiality of genetic resources; the problem's novelty; and the problem's urgency. Two opposing solutions raised in response to these contestations reveal underlying faultlines that we argue will continue to destabilise the broader ABS assemblage if left unresolved. Our attention to processes of assemblage (trans)formation offers insights to the historically fragile arrangements of ABS and, more broadly, assemblages of global environmental governance in the context of rapid technological change.

Integrating endemic medicinal plants into the global value chains: the ecological degradation challenges and opportunities

Though innovations for sustainable management of natural resources have emerged over time, the rising demand for nature based health solutions and integration of endemic flora into global value chains could have adverse impacts on ecosystems. The ecological risks in the exploitation of the wild endemic medicinal plant resources are exacerbated by a myriad of agrotechnological risks and challenges that highly constrain their domestication. Successful exploitation and commercialisation of medicinal plants thus require a clear understanding of their demand and production systems or value chain analysis. Accordingly there is need for innovative approaches towards their integration into global value chains. Since quality and safety, traceability, certification, as well as consumer tastes and preferences are critical drivers in purchasing decisions by global consumers, they are inadvertently exploited to weaken Indigenous knowledge (IK), undermine common property rights and entrench value chains that favour a few elite buyers. This tend to create pervasive incentives for overexploitation of medicinal plant resources and environmental degradation. Potential solution lies in the recognition of drivers of vulnerability to environmental degradation and the innovative use of policy bricolage, feedback loops and interactions between knowledge, power and agency on one hand, and collective action and property rights institutions on the other hand. We conceptualise a framework that can mediate a transformational agenda and enhance systematic understanding of sustainability lenses in endemic medicinal plant resources value chains. This could strengthen IK, enhance collective action and promote participation of local actors with positive impact on the utilisation and integration of endemic medicinal plant resources into global value chains.

Biopiracy in India: Seed diversity and the scramble for knowledge

BACKGROUND

Biopiracy has usually been discussed mostly in the context of the life sciences, sometimes in dialogue with legal debates or political implications. This paper provides a humanities perspective on contemporary discussions of biopiracy and biopatenting.

HYPOTHESIS

It proceeds from the hypothesis that contemporary debates and practices of biopiracy can be understood as harking back to colonial legacies, which systematically disregard "native" knowledge or seek to appropriate it for their own purposes.

RESULTS

Drawing on the work of Vandana Shiva, the present article seeks to redefine the notion of ownership of knowledge from a cultural studies perspective. Exploring the 2016 documentary film Seed: The Untold Story, it analyses counter-discourses to practices of biopiracy.

CONCLUSION

The paper concludes that given the roots of biopiracy in colonial legacies, forms of resistance may need to appropriate colonialist epistemologies. One example of such appropriation is Vandana Shiva's own campaign, which casts seed ownership in the imagery and rhetoric of Mahatma Gandhi's fight against British colonialism in India. Finally, the article ends by suggesting that issues of biopiracy need to be seen in larger context. Drawing on the work of cultural philosopher Hans-Ulrich Gumbrecht, it argues that the problem of the twenty-first century may be a scramble for natural resources such as the right for clean water. Biopiracy is hence far from a debate linked only to specific cases in particular locales, but is part of a global epistemological and political framework, which has systematically disenfranchised communities of color and countries of the global South.

Genetic analysis identifies the region of origin of smuggled peach palm seeds

Seeds of a plant, supposedly a palm tree known popularly as peach palm (Bactris gasipaes), were seized by the Federal Police in the state of Pará, Brazil, without documentation of legal origin to authorize transportation and marketing in Brazil. They were alleged to be from the western part of Amazonas, Brazil, near the frontier with Peru and Colombia, justifying the lack of documentation. The species was confirmed to be peach palm. To determine the likely place of origin, a genetic analysis was performed to determine the relationship between the seized seeds and representative populations of peach palm from all of Amazonia, maintained in the Peach palm Core Collection, at the National Research Institute for Amazonia, using nine microsatellite loci. Reynolds' coancestry analysis showed a strong relationship between the seeds and the Pampa Hermosa landrace, around Yurimaguas, Peru. The Structure program, used to infer the probability of an individual belonging to a given population, showed that most seeds grouped with populations close to Yurimaguas, Peru, corroborating the coancestry analysis. The Pampa Hermosa landrace is the main source of spineless peach palm seeds used in the Brazilian heart-of-palm agribusiness, which motivated the smugglers to attempt this biopiracy.

The plights of African resources patenting through the lenses of the World Trade Organisation: an assessment of South Africa's rooibos tea's labyrith journey

BACKGROUND

Just as developing states are blessed with natural resources capable of transforming their economies into a positive direction, the imposed World Trade Organisation's (WTO) mores continue to relegate them to the status of underdevelopment. The consequences of this on investment, trade and finance in Third World States (TWSs), especially Africa, are disarticulation of the economy, exploitation, disinvestment, unemployment, political instability and unavailability of relevant technology to move TWSs forward, among others. This gives rise to the politics behind Rooibos (Aspalathus linearis) patenting (a medicinal plant found only in South Africa) by various multinational corporations (MNCs).

MATERIALS AND METHODS

This study adopted political economy approach with emphasis on both primary and secondary sources of data collection using content analysis.

RESULT

There is need to adhere strictly to the issues of intellectual property rights (IPRs), geographical indications (GIs), prior informed consent (PIC), and access and sharing benefits (ASB). These have not been observed by the western states because of their economic of neo-imperialism to the disadvantage of developing states.

CONCLUSION

This paper recommends that there is need for a regional regime such as African Regional Intellectual Property Organisation (ARIPO), on indigenous knowledge (IK) to patent the continental biodiversity resources.