PROTECTION OF TRADITIONAL KNOWLEDGE ASSOCIATED WITH PLANT GENETIC RESOURCES: A COMPARATIVE STUDY OF THAI LAW AND INDIAN LAW
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Abstract
Traditional knowledge, specifically traditional knowledge associated with plant genetic resources, has been treated as public knowledge for free exploitation without due respect or concern for the effort taken by the indigenous and local communities to preserve and develop such knowledge. Globalization has caused its misuse which in turn, has led to bio-piracy and unsustainable use of such knowledge. Consequently, the protection of traditional knowledge has been a subject of increasing importance. In this regard, several countries have developed legal mechanisms for protecting their traditional knowledge and plant genetic resources either through intellectual property protection, a sui generis system, or a combination of both.
Thailand, as one of the countries rich in traditional knowledge and plant genetic resources, has opted for a sui generis system by enacting two major laws directly addressing the protection of traditional knowledge and plant genetic resources. First, the Thailand Plant Varieties Protection Act B.E. 2542 (1999) aims to protect rights of plant breeders in order to promote innovative plant breeding activities and to protect the rights of farmers and local communities including related knowledge in respect of their participation in improving, conserving and making use of plant genetic resources. Second, the Thai Traditional Medicine Intelligence Act B.E. 2542 (1999) aims to protect Thai traditional medicine and also to manage access to traditional knowledge and biological resources in herbal medicine. However, both laws provide neither a functional system nor an effective enforcement.
This thesis aims at studying the characteristics and related fundamental principles of traditional knowledge specifically on the legal measures for protection of traditional knowledge associated with plant genetic resources, analyzing the problems of the Thailand Plant Varieties Protection Act B.E. 2542 (1999), the Thai Traditional Medicine Intelligence Act B.E. 2542 (1999), and proposing suggestions in order to resolve the difficulties arising from both of the Acts. Furthermore, the study will provide recommendations to enhance the effective enforcement of the Acts and develop a practical system for the protection by comparing them with Indian laws and legal system which is considered to be one of the most effective laws and systems in protecting its traditional knowledge and plant genetic resources.
Consequently, this thesis proposes new legislative solutions to amend the law concerning the management of access and benefit-sharing and the protection of farmers’ rights and communities’ rights. In addition, the establishment of a central database is suggested to collect and archive Thai traditional knowledge including Thai traditional medicine.
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References
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