Trade Related Aspects Of IPR: A Viable Tool For The Enforcement Of Benefit Sharing
- IJLLR Journal
- Apr 28
- 2 min read
Aakash K & Mohammed Rohin, Manipal Academy of Higher Education Bangalore
ABSTRACT
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement has had a considerable impact on worldwide intellectual property rights regulation. However, one of the agreement's major flaws is that it fails to adequately address the issue of benefit sharing, particularly in the context of traditional knowledge and genetic resources. As a result, there is an increasing need for benefit sharing to be enforced via TRIPS. The purpose of this research article is to investigate the feasibility of TRIPS as a tool for benefit sharing enforcement. The presentation starts with a quick summary of TRIPS and its provisions concerning intellectual property rights. The notion of benefit sharing is then discussed, as well as its significance in the context of traditional knowledge and genetic resources.
The research investigates the difficulties connected with benefit sharing enforcement and the limits of TRIPS in resolving these difficulties. The lack of clarity in the concept of traditional knowledge and genetic resources is one of the most significant issues. This makes identifying the true owners of these resources and ensuring that they get their fair share of benefits challenging. Another issue is the absence of effective procedures for enforcing benefit sharing. While TRIPS protects intellectual property rights, it does not provide for the enforcement of benefit sharing. This implies that extra legal and regulatory frameworks are required to guarantee that benefit sharing is implemented. The study then investigates various solutions to these problems. One potential answer is to develop unique mechanisms to conserve traditional knowledge and genetic resources. These solutions would offer a legal foundation for benefit sharing protection and enforcement. Another possible approach is for the parties concerned in the utilisation of traditional knowledge and genetic resources to enter into contractual agreements. These agreements would define the parameters of benefit sharing and provide means for enforcing them. The article suggests that, although TRIPS has limitations in addressing the problem of benefit sharing, it may nevertheless be a useful instrument for benefit sharing enforcement. However, additional legal and policy frameworks, such as sui generis systems and contractual agreements, would be required. The article also emphasises the significance of including indigenous people and other stakeholders in the creation of these frameworks in order to guarantee their equity and effectiveness.
