Kerala government envisages policy to give IPR to traditional knowledge
For the second category, the state will have the rights. The knowledge will be available to all for non-commercial use, but commercial use will be restricted to the existing right-holder.
But as per experts, all is not as well in the policy as it sounds. There are apprehensions that the policy is certain to open a confrontation with the Centre. Shamnad Basheer, Associate, Oxford Intellectual Property Research Centre, says, “Intellectual Property is specifically listed in the ‘Union List’ as Entry 49. The state cannot legislate on these.’’ The chief architect of the policy, Kerala Planning Board Vice-Chairman Prabhat Patnaik said, “Within any IPR regime, a range of specific problems arise for any state, which it has to resolve without infringing upon the domain of the Centre.’’ The policy reads more like an ideological statement than a coherent policy that is sensitive to the complex nature of the TK issues. State appropriation of TK is not a solution to misappropriation by others. In fact, it is a solution that is worse than the problem, as the holders of TK are deprived by the State in this policy.
For the second category, the state will have the rights. The knowledge will be available to all for non-commercial use, but commercial use will be restricted to the existing right-holder.
But as per experts, all is not as well in the policy as it sounds. There are apprehensions that the policy is certain to open a confrontation with the Centre. Shamnad Basheer, Associate, Oxford Intellectual Property Research Centre, says, “Intellectual Property is specifically listed in the ‘Union List’ as Entry 49. The state cannot legislate on these.’’ The chief architect of the policy, Kerala Planning Board Vice-Chairman Prabhat Patnaik said, “Within any IPR regime, a range of specific problems arise for any state, which it has to resolve without infringing upon the domain of the Centre.’’ The policy reads more like an ideological statement than a coherent policy that is sensitive to the complex nature of the TK issues. State appropriation of TK is not a solution to misappropriation by others. In fact, it is a solution that is worse than the problem, as the holders of TK are deprived by the State in this policy.
Source : IIPM Editorial, 2012.
An Initiative of IIPM, Malay Chaudhuri
and Arindam Chaudhuri (Renowned Management Guru and Economist).
and Arindam Chaudhuri (Renowned Management Guru and Economist).
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