TRIPS, Indigenous Knowledge and the Bio-Rush

Abstract

This article attempts to look at the role of various aspects of the issue - such as the distinction between invention and discovery, the question of patents over genes, and the non-recognition of indigenous knowledge about the use of medicinal plants that has led to pillaging of bio-resources from the South. Part A of the article looks at the question of whether or not the patent protection provided to micro-organisms has broadened the scope of patents to such an extent that even discoveries that do not qualify as inventions have been patented. Part B evaluates the efficacy of TRIPS as an instrument that can be used to provide protection to the traditional knowledge base of the South.