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Essay On Gene Diversity

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CONVENTION ON BIOLOGICAL DIVERSITY: ACCESS AND BENEFIT SHARING:

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (the Protocol) was concluded in October 2010 under the auspices of the Convention on Biological Diversity after many years of negotiations. This provides an international framework for establishing national regimes on Access and benefit sharing (ABS).
ICC played an active role coordinating business participation in the negotiations and continues to coordinate business input in the process of national implementation of the Protocol.

ROLE OF INTERNATIONAL REGULATIONS:
Both the diversity of traditional knowledge system on use of medicinal plants as …show more content…

 The ‘Recommendations at the Multilateral Level’ of the Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge, Innovations and Practices, held in UNCTAD from 30 October to I November, 2000, noted that ‘exclusions from patentability of TK based products in one country, for instance, would not exclude others from granting it a patent’.
 . In order to ensure that national level regimes for preventing bio-piracy and ensuring benefit sharing arrangements are effectively implemented and are not violated when use or commercialization of TK takes place outside the country, suggestions have been made by India in international fora under the aegis of CBD as well as WTO, that applications for patents should disclose the following:• The source of knowledge and biological material; and• an undertaking that the prevalent laws and practices of the country of origin have been fully respected.

INTERNATIONAL RECOGNITION OF NATIONAL LEVEL SYSTEMS FOR PROTECTION OF TK
 . It is quite clear that the existing forms of intellectual property protection regimes do not adequately recognize the rights of TK holders. National level mechanisms and legal provisions to prevent bio-piracy

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