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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

A tribal community in a State holds traditional knowledge about a forest plant's healing use and fears misuse. Under section 36(5), what is the Central Government's role regarding this knowledge?

The Central Government shall endeavour to respect and protect the community's knowledge, as recommended by the National Biodiversity Authority. Section 36(5) allows measures such as registration at local, State or national levels and a sui generis system, rather than acquisition, automatic patents or an outright ban.

  1. AIt must acquire the knowledge and hold it as government property
  2. BIt shall endeavour to respect and protect it, as recommended by the National Biodiversity Authority, including through registration or a sui generis systemCorrect
  3. CIt must grant exclusive patents to the community automatically
  4. DIt must prohibit all use of the knowledge outside the community

Explanation

Section 36(5) says the Central Government shall endeavour to respect and protect the knowledge of local people relating to biological diversity, as recommended by the National Biodiversity Authority, through measures which may include registration at local, State or national levels and a sui generis system. It does not provide for acquisition, automatic patents or a total ban on use.

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