Saturday, July 16, 2022

ETHNOBOTANY AS A TOOL TO PROTECT INTERESTS OF ETHNIC GROUPS

Ethnobotany is the documentation of traditional knowledge of ethnic groups so that the valuable knowledge is not lost from the community as all the communities undergo changes in the due course of time. An ethnobotanist mainly documents the different tribes, ethnic groups, their life styles, plants used for various purposes, their traditions, beliefs etc. 

An ethnobotanist identifies the plants used by the tribes as medicine, food, fodder, and other miscellaneous uses. Indigenous knowledge is usually hidden among the ethnic groups, as they don't usually mingle with the external world. However, a few intelligent men intrude into these societies, steal their intellectual property, and take patents, in some distant place for the commercial use of the knowledge. In such cases, the original creator of the knowledge is the community and it is not properly benefitted. Such incidents have been reported from various parts of the world.

The popular cases of biopiracy of Azadirchta indica, Basmati rice, etc. are some classical examples. 

Azadirachta indica or Neem was used by the Indians from time immemorial but was not properly documented under the IPR. Some foreign company had taken a patent on the use of Neem which prevented all others from using the knowledge. In such cases, proper documentation of the indigenous knowledge is important. 

The Indian government has started a web initiative called TKDL - Traditional Knowledge Digital Library to document all such indigenous knowledge so that any patenting authority can inspect false claims made by frauds. Therefore, ethnobotanical documentation is very important for the interests of ethnic groups.

In addition there are Patenting Laws, IPR rules , etc to protect the interests of the ethnic groups. 

INTELLECTUAL PROPERTY RIGHTS (IPR)

The constitutional right granted by the government of a country to the creator or owner of any intellectual property to exclude others from using the same commercially for a given period of time is called Intellectual Property Right. It is framed for the benefit of all inventors, creators, writers, etc. to get a fare share of it's commercial use in the name of copy rights. 

The creator gets exclusive rights for his / her intellectual property, that is a creation of the mind or brain, such as a poem, a story, a logo, a painting, a scientific discovery or a cooking recipe. No one can use the same concept without legal consent of the original creator as per the Intellectual Property Rights (IPR). 

Traditional knowledge also come under IPR system. It is usually the biopirates, who steal traditional knowledge such as the uses of some plants for specific diseases and market it commercially by making modern medical combinations. 

The following categories are generally included in the IPR system.

1. Industrial designs.

2. Literary and artistic works.

3. Scientific discoveries.

4. Performances of performing artists. 

5. trade marks, logos, commercial names, designations etc.

6. traditional knowledge.

IP is divided into two categories for ease of understanding

1. Industrial Property 2. Copyright

Industrial property, which includes inventions (patents), trademarks, industrial designs, and geographic indications of source; and Copyright, which includes literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs. 

Properties are of two types - tangible property and intangible property i.e. one that is physically present and the other which is not in any physical form. Building, land, house, cash, jewelry are few examples of tangible properties which can be seen and felt physically. IP is intangible property.

The different types of Intellectual Property Rights are

i. Patents - Mainly given for discoveries eg: Electric Bulb, Car Engine, etc.

ii. Copyrights - Given for Stories, poems, etc.

iii. Trademarks- Given for trade names, product names etc. represented by TM

 iv. Industrial designs 

v. Protection of Integrated Circuits layout design 

vi. Geographical indications of goods - Ususally given to products from a specific geographical place. eg: Marayur Sharkara, Kasaragod Saree, Arnmula Kannadi, Darjeeling tea, Kanjipuram silk, Nagpur orange. 

vii. Biological diversity 

viii. Plant varieties and farmers rights 

IPR acts in India:

1. Indian Patents Acts, 1970

2. Indina Patents (Amendment) Act, 1999.