International Seminar Initial write-up


Following its success in 2015, the CHLP, CIPR and CHR under the aegis of NUALS is holding its annual International Seminar with the central theme as Traditional Knowledge in 2016.

This theme is based on the discourse of health, human rights and intellectual property on traditional knowledge, which has evolved through numerous years of regular experimentation on a day to day basis of available resources by communities. Numerous studies have pointed to the increasing significance of such knowledge systems as an integral component of sustainable development in India. The culture and knowledge systems of indigenous people and their institutions provide useful frameworks, ideas, guiding principles, procedures and practices that can serve as a foundation for effective endogenous development options for restoring social, economic and environmental resilience in many parts of the country.

However, today discourses of modernity, science and development at times reject these traditional practices because they lie outside the contemporary paradigms of modern science. The context of the increasingly visible impacts of IPR on the realization of human rights such as the right to health particularly in the context of Art 15(1) of the Covenant on Economic, Social and Cultural Rights, provides a relevant framework for addressing the place of knowledge and intellectual development in a human right context. Human rights, heath and intellectual property protection are distinct areas of law and have largely evolved separately over time. Nevertheless, a number of links between these domains can be identified. In the context of the introduction and strengthening of the intellectual property rights standards by the Agreement of TRIPS such rights raises a number of concerns with regard to their impacts on the realisation of human rights in general and the right to heath in particular.

Current legal systems in India are inadequate, allowing for bio-piracy and the exploitation of our immense biodiversity and traditional knowledge. Preserving and safeguarding TK has assumed great significance in the recent past and a variety of initiatives are being made across the globe towards achieving the need to protect the traditional knowledge. It is high time we explore the availability, acquisition, scope, management and enforcement of rights and interests relating to TK and adopt those strategies to develop a legal framework for India.

This conference aims to explore the present framework regarding traditional knowledge and to highlight the possibilities of synergies and exchanges between traditional knowledge, human rights and health from an interdisciplinary perspective. This venture will discuss strategies for generating social, educational, intellectual, and economic opportunities by building relationships that engage, understand, and accommodate differences in the various rights on traditional knowledge, in the related domains of health, human rights and intellectual property rights.

The organisers of the Seminar call upon the legal fraternity, academicians from law and other social science disciplines, research scholars, social activists, representatives of governmental and non-governmental organisations and students of relevant disciplines and other stakeholders to present their well-researched papers at the seminar.

Conceptualising the notion of Traditional Knowledge in a Human Rights Perspective
Recognising and Respecting traditional values of human kind – Human Rights Dimensions on Traditional Values – Conflicting zones of Human rights & traditional values – Primacy of Human Rights over Traditional Values – Traditional Values and role of Civilised Society in conservation and preservation of Traditional KnowledgeDefining the nature of Traditional Knowledge – National And International Efforts – Legitimate Scope of protection of traditional knowledge – Constitutionality of protection of TK – Sources of Traditional Knowledge – Methods for Protecting & Conserving Traditional Knowledge – Role of Beneficiaries – Right of Traditional Knowledge Holders – Special Status to Tribal Knowledge – Role of State – Measures to Realize Human Rights of Traditional Knowledge Holders – Socio-Economic Policies to conserve TK – Protecting Traditional Knowledge in the attainment of ultimate socio economic justice – State control of Traditional Knowledge v. Traditional Rights over natural resources – Judicial Expositions

A Systemic Endeavor to Attain Public Health through Indigenous Health Care Systems – A Revisit
Defining the parameters of Right to Health – Role of Traditional Knowledge in securing right to Health – Indigenous Health Care Systems – Biomedicine v. Traditional Medicines -Up Heaving Indigenous Knowledge in Public Health – Traditional Knowledge and Right To Indigenous Health Care – Dilemma’s Affecting Public Health and the role of Indigenous Knowledge – Recent Developments – Access To Indigenous Health Care – Health Education – Public Participation- Public Procurement & State Aid In A Regulatory Framework- Benevolence For The Needy

Access to Accessibility and Affordability of TK based Health Care SystemsChallenges in the Realization of Health Right – Standard of Health Care – Subjugated Quality – Standard of Informed Consent – Negligence – Organizational Liability – Liability of Health Professional Under Law of Tort – Judicial Intervention – Scope for Reparation
Measure to Realize Access to Medicine – Recent Developments – Impact of Access to traditional Medicines On Life Expectancy & Mortality Rate – Access to Essential Medicines – Standard & Safety of Materials Used in Health Care – Quality of Drugs – Drug Price Parity & Control Orders and Parameters of Medical Care, Quality of Therapeutic Care in Tools, Drugs, & Institutional Facilities – Safety of Sampling, Detection, Analysis for Treatment, Surgery etc. – Access to Traditional Knowledge based Medical Products & Services – Current trends in regulation of Herbal Medicines – Judicial Interventions

Parameters of & Entree to Indigenous Healing TechnologiesRegulating The Quality of Medicines – WHO standards – Addressing A Comprehensive approach towards TK based Health Systems – Technologies for Improved Health – Types – Impact of Innovative Medicines On Health- Access to Healing Technologies- Marketing of Drugs- Diagnosis & Prognosis Unethical & Unnecessary Diagnostic Tests- Policies & State Interventions

Traditional Knowledge based rights: An IPR Perspective
Traditional Intellectual Property Rights- Nature of Protection- Protection of Traditional Knowledge in IPR perspective- Copyright, trademark, Trade Secret, Patent, Geographical Indications etc.-Traditional Cultural Expressions, Folklores, Traditional Medicines and medicinal plants, in Agriculture, fisheries etc.- IP protection for knowledge Holders- Proprietary Rights- Obstacles in affording protection to TK as IP – Comparability  Access to biological resources- Role of State- Alternative Strategies for Protection- Role of independent Regulatory Authorities-Restricting Disclosures -Traditional knowledge in public Domain-Prior Informed Consent-Benefit Sharing Mechanisms- Research Activities-TKDL- Limitations- Judicial Interventions- Need for a sui generic Legislation

Technological Innovations and the Growing risks in conserving Traditional Knowledge- Need for an Affirmative ActionCommercialization of Traditional Knowledge- Exclusive Right to Patent- Patentability-International Patent System- GATT-TRIPS -Privatization- Marketing- Generic Competition V. Patent Rights- Bio piracy & Prospecting- Misappropriation- Imitation –Need for Sketching Adequate State Policies

Traditional Knowledge: Debating on an Interface between IPR & Human Rights in Realizing Right to Health & Health CarePatenting Human Health- Legal And Ethical Issues- Conceptualizing Human Dignity for traditional values-Role of National And Sub National Jurisdictions In Generic Substitution of Pharmaceuticals-Strategic Misuse of IPR- Drug Counterfeiting- Public Access To Legitimate Generic Drugs -Bioequivalent Drug- Biodegradable Drugs- Clog On Quality Of Drugs- Prescribing Standards-Price Parity- Data Exclusivity-Patent Thickets- Parallel Imports -Enforcement Measures-Licensing Of Medicines- Resultant human rights violations- Pharma-Patents in Therapeutic & Non Therapeutic Treatments- Medical Diagnosis &Techniques In Identification-Pooling Medicinal Patent- Essential Medicines- Factors Affecting Accessibility and Affordability for securing Human rights- Protecting Traditional Knowledge at Medical Research Labs- Medical Research- Viability In Law & Ethics in conserving TK- Therapeutic & Non Therapeutic Research- Clinical Trials- Novel Expeditions

Emerging Challenges
Conserving Bio diversity in various sectors of Economy-National and International efforts- Measures to protect traditional Knowledge in conserving plant varieties- Food security- Asymmetries & Restraints on Patenting of Indigenous medicines- Biotechnological Revolution -Beneficial Approach


Last date for submission of abstracts
July 10th, 2016
Communication of approved abstracts
July 15th, 2016
Last date for submission of Research Paper
August 20th, 2016
Communication of approved Research Papers
August 30th, 2016
Last date for registration
September 5th, 2016

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