Question

Difference between biodiversity and traditional knowledge

Answer 1

Biodiversity encompasses all species of plants, animals and micro-organisms and the variation between them, and the eco-systems of which they form a part. It occurs at three levels, namely: (i) species level - refers to number and kinds of living organisms; (ii) genetic level - refers to genetic variation within a population of species and (iii) eco-system level - refers to the variety of habitats, biological communities and ecological processes that occur in such habitats.

Traditional knowledge (TK) associated with biological resources is an intangible component of the resource itself. TK has the potential of being translated into commercial benefits by providing leads for development of useful products and processes. The valuable leads provided by TK save time, money and investment of modern biotech industry into any research and product development. Hence, a share of benefits must accrue to creators and holders of TK. Only new knowledge can be patented. Patents only apply to inventions, not to existing knowledge. But if knowledge is held only in oral form, then many IPR regimes, do not consider oral knowledge as proof of previous documentation and therefore such knowledge is in danger of being patented.

Biopiracy is obtaining IPRs without consent of / any benefits going to, the original holders of the biological resources/ knowledge on which the innovation is based and/or commercially exploiting biological resources/ knowledge without consent of / any benefits going to, the original holders (without obtaining IPRs). Biopiracy is a form of theft. Some examples of biopiracy are the patents, which were granted over Neem, Turmeric and Nap Hal Wheat Variety.