Gudeta, Milki Shaka (2015) Trips Agreement and Protection of Traditional Knowledge Related to Genetic Resources. Masters thesis, Addis Ababa University.
![[img]](http://thesisbank.jhia.ac.ke/style/images/fileicons/application_pdf.png) |
PDF (Trips Agreement and Protection of Traditional Knowledge Related to Genetic Resources)
25 ,Milki Shaka Gudeta.pdf - Accepted Version Restricted to Repository staff only Download (901kB) | Request a copy |
Abstract
Traditional knowledge (TK) is a knowledge which is acquired by experience, mostly passed orally from generation to generation, and is developed over time and that continues to develop. This knowledge is used to sustain the community as well as the biological resources necessary for the continued survival of the community. Even if the importance of traditional knowledge related to genetic resources is recognized in different conventions yet, to date, intellectual property (IP) rights are not adequately extended to the holders of TK related to genetic resources and their knowledge are easily appropriated without extending benefit sharing arrangement. The requirements for IP rights protections under current IP regimes remain largely inconsistent with the nature of TK. As a result, TK related to genetic resources is neglected with no protections or benefits for the knowledge holders, or expropriated for the financial gains of others. Thus the main argument of this thesis is that since TRIPS agreement sets minimum requirement for IP protection ,TK related to genetic resources which is passed from generation to generation is excluded and not eligible for protection under TRIPS agreement and this will in turn affects economic benefits of holders of TK and disregards respect for the holders of TK. And it suggests that amending the TRIPS agreement to include mandatory disclosure of origin, prior informed consent and benefit sharing arrangement for those who apply for a patent is the best solution to protect TK related to genetic resources. And additionally providing incentives for holders of TK related to genetic resources so as to enable holders of TK to preserve their traditional knowledge conserve and sustainably use biodiversity is the best solution to protect TK related to genetic resources.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | Intellectual property, Traditional knowledge, Genetic resources. |
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 11 Jun 2018 08:19 |
| Last Modified: | 11 Jun 2018 08:19 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4434 |
Actions (login required)
 |
View Item |