Sui generis is the best system for protecting traditional knowledge- Panama and India prove

Several countries have adopted Sui-generis laws for protecting traditional knowledge from patenting. These include South Africa, Peru, Panama, Costa-Rica, Portugal, India and Thailand. A number of countries have decided to develop national legislation to protect traditional knowledge. In addition inter governmental and non-governmental organizations have produced model legislation for interested countries to adopt. In June 2000 Panama has passed a Suigeneris law by name “Panama’s special system for registering the collective rights of indigenous people’s for the protection and defense of their cultural identity and traditional knowledge and setting out other provisions”.8

According to World Intellectual Property Organization (WIPO) the Sui-generis system of Panama actually constitutes the first comprehensive system of protection of traditional knowledge ever adopted in the world.9

The object of this law is to protect the collective intellectual property rights and the traditional knowledge of the indigenous peoples over their creations. Such creations include “invention, models, patterns and designs, innovations contained in images, figures, symbols, diagrams and petroglyphs”.10

Also included are the cultural elements of their history, music art and traditional artistic expression capable of commercial use”.11

Indian Parliament has passed Sui-generis laws such as, “The Indian Biological Diversity Act 2002” and “Plant Verity Protection and Farmer’s Rights Act 2001”. Policy objectives of “The Indian Biological Diversity Act 2002 are-“ to provide for conservation of biological diversity., sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge”12

Objectives of “Plant Variety Protection and Farmers Rights Act 2001” are to provide for strong, proactive farmers rights, registration of farmers varieties, Provisions for benefit sharing through a national gene fund and the requirement for prior informed consent for use in breeding”.13

Conclusion: As Sui-generis law may be a combination of intellectual Property law, customary law, equitable benefit sharing provisions, provisions for the rights of farmers and breeders, provisions of prior informed consent, provisions of contractual agreements and provisions of disclosure of origin of biological/genetic resources it is the best system of law for the protection of traditional knowledge. Sui-generis law better protects the rights and interests of traditional knowledge holders. Suigeneris law intends for the wider application of the knowledge, innovations and practices of indigenous and local communities with the involvement of holders of such knowledge, innovations and practices