**8.6 Geographical Indication of Goods (Registration and Protection) Act (1999)**

The Geographical Indications of Goods (Registration and Protection) Act, 1999 is an act provide for the registration and better protection of geographical indications relating to goods. India, in compliance with its obligation under TRIPS, has taken legislative measures by enacting the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into effect on 15th September, 2003 and the Geographical Indications of Goods (Registration and Protection) Rules, 2002.

Emphasis would be laid on creating awareness regarding the rich heritage of India in terms of our Geographical Indications. As per the act "Geographical Indication", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be. Geographical indications in India include Darjeeling tea, Kancheepuram Silk, Palakkadan Matta Rice, Mysore Sandalwood Oil, Alleppey Green Cardamom, Wayanad Jeerakasala Rice etc. [15, 63].

## **8.7 National IPR policy**

Government of India adopted the National IPR Policy in 2016, to facilitate promotion, creation and commercialization of IP assets, through a Cell for IPR Promotion and Management (CIPAM) under the aegis of Department for Promotion of Industry and Internal Trade (DPIIT) (IPR P, 2016). The national policy encourages researchers in public funded academic and R&D institutions in IPR *Intellectual Property Rights: Bioprospecting, Biopiracy and Protection of Traditional Knowledge… DOI: http://dx.doi.org/10.5772/intechopen.99596*

creation by linking it with research funding and career progression. It aims to raise awareness of the value of copyright for creators, the importance of their economic and moral rights and to promote India's rich heritage of traditional knowledge with the effective involvement and participation of those knowledge holders. The main focus of this policy is related to the slogan "Creative India; Innovative India", which subsequently is aligned to different government initiatives and missions in recent times that include "Make in India", "Atal Innovation Mission", "Start Up India", and "Stand-Up India" promoting creativity, innovation and entrepreneurship in the country [57, 64, 65].

The policy suggests some measures, such as expanding the ambit of the Traditional Knowledge Digital Library (TKDL), and expanded to include other fields besides Ayurveda, Yoga, Unani and Siddha. The policy also state that traditional knowledge holders will be provided necessary support and incentives for furthering the knowledge systems that they have nurtured through civilization. The policy also seeks Activities for promotion of traditional knowledge with effective participation of holders of such knowledge. By documentation of such oral traditional knowledge will preserve the integrity of the said knowledge and traditional ways of life of the communities [54].

#### **8.8 Traditional Knowledge digital library (TKDL)**

The TKDL in India is a collaborative project between the Council of Scientific and Industrial Research (CSIR) and the Ministry of Agriculture, Food and Public Health (AYUSH). It is a nationally developed effort to ensure that patent offices around the world do not grant patents for applications based on India's ancient TK. The idea of establishing TKDL arouse as a result of India's attempt to revoke a patent granted by the United States Patent and Trademark Office (USPTO) for the wound healing properties of turmeric (*Curcuma longa*), and a patent granted by the European Patent Office (EPO) on the antifungal properties of neem (*Azadirachta indica*). Concrete measures have been taken to develop a programme aimed at documenting the knowledge and information contained in the ancient texts of Ayurveda, Siddha and Unani, as well as creating a database on the medicinal plants involved and their medical use. TKDL has transcribed more than 2.90 lakh medical formulations of Ayurveda Unani and Siddha in five internationally recognized TKDL is a collective resource in the management of intellectual property rights [52, 65].

#### **9. International forums**

#### **9.1 The Nagoya Protocol**

The Nagoya Protocol on access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization was adopted in Nagoya, Japan on 29 October 2010. it is a new international treaty that builds on and supports the implementation of the Convention on Biological Diversity (CBD), in particular one of its three objectives, the fair and equitable sharing of benefits arising from the utilization of genetic resources. The Nagoya Protocol is a landmark agreement in the international governance of biodiversity and is relevant for a variety of commercial and non-commercial sectors involved in the use and exchange of genetic resources. It also covers genetic resources and traditional knowledge (TK) associated with genetic resources, as well as the benefits arising from their utilization [66].

The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization was adopted in Nagoya, Japan on 29 October 2010. It is a new international treaty that expands on and upholds the execution of the Convention on Biological Diversity (CBD), specifically one of its three goals, the fair and equitable sharing of benefits emerging from the use of genetic resources. The Nagoya Protocol is a milestone agreement in the international governance of biodiversity. It supports various commercial and noncommercial sectors involved in the use and exchange of genetic resources. Indeed it covers genetic resources and traditional knowledge (TK) associated with genetic resources, as well as the benefits derived from their use [66].

## **9.2 Convention on biological diversity (CBD)**

Convention on Biological Diversity (CBD) is an international treaty designed to promote sustainable development of biological diversity, conservation as well as the fair and equitable sharing of the benefits arising out of the utilization of genetic resources" CBD has been ratified by 196 nations including India. Its overall objective is to encourage actions, which will lead to a sustainable future. The Convention on Biological Diversity covers biodiversity at all levels: ecosystems, species and genetic resources [67].
