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Community rights and fair benefit sharing: legal instruments and hurdles in implementation

Abstract

India is a country with huge diversity and an enormous amount of cultural heritage. Against this backdrop, the legislation enacted to comply with treaty obligations seems to be insufficient and ineffective for the protection of traditional and indigenous knowledge.
This article focuses on one aspect of the many hurdles to proper implementation of the law: the enforcement of fair and equitable benefit sharing provisions. One of the main goals of protecting community rights is to make provisions for providing the owners of traditional and indigenous knowledge, which in these cases are communities and not individuals, with the benefit arising from or out of use of such knowledge.
The article examines national and international instruments which deal with access and fair benefit sharing and the deadlock in implementation of this issue. The author provides some suggestions for amending national legislation in order to prevent the statutory provisions from being defeated in reality. These amendments to the existing provisions or the enactment of new provisions are necessary for a country like India, which aspires to an idea of socialism.

Citation:
Abhijeet Kumar, Community rights and fair benefit sharing: legal instruments and hurdles in implementation, Journal of Intellectual Property Law & Practice, Volume 10, Issue 1, January 2015, Pages 48–57, https://doi.org/10.1093/jiplp/jpu221

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