Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of th
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2024
Tea industry is India's oldest industry in the organised manufacturing sector. The history of Darjeeling tea dates back to the 1840's, when India was a British colony. Before the arrival of the British, the forests of the region were known as Darjeeling today was inhabited by the Lepcha tribes. In 1828, while visiting this region located in the backdrop of the snow-clad Himalayan range, a young British called Captain Lyoyd discovered the possibility of converting the region into a hill station or a sanitarium. In 1839, Darjeeling was handed over to Dr. A. Campbell, a civil surgeon, who got transferred from Kathmandu to Darjeeling to become the first Superintendent of the Darjeeling district, a position which he held for the next twenty two years. In 1841, Dr. Campbell brought the seeds of China variety of tea from Kumaon hills of North India and planted them near his residence in his Beech wood garden in Darjeeling, 2134 meters above the mean sea level. Seeing the success of Dr. Campbell's experimental tea nursery, the British Government decided to put out tea nurseries in the region in the year 1847. Even after the Indian independence from British rule in 1947, the British ownership continued in many tea gardens of Darjeeling. By the end of the 1970's, most of the tea gardens of Darjeeling were in the hands of Indian owners. It supplies around 30% of world's Favourite hot drink. India is not only the world's largest consumer of Tea but also exports sizeable portion of its production. Tea leaves are grown in different hill areas and among them Darjeeling Tea offers distinctive characteristics with regard to its quality and flavour. As such Darjeeling Tea has global reputation for more than a century. There are two main reasons for the same and they are exceptional and distinctive taste due to geographical origin and processing. Darjeeling tea is cultivated, grown and produced in tea gardens in a well known geographical area – Darjeeling district of West Bengal State for over one and half centuries. An adequate legal protection is necessary for the protection of legitimate right holders of Darjeeling tea from the dishonest business practices of various commercial entities. Questions: (e) Discuss the interrelations between biodiversity and Traditional knowledge.
Answer & Explanation:
Answer 4(e) Interrelation between biodiversity and traditional knowledge. Biological resources and related traditional knowledge are often of great commercial value to business corporations in developing commercial products. Corporations often want to acquire IPRs related to biological resources and traditional knowledge as a way of maximizing their income generation. Traditional communities is a broad term that refers to communities whose way of life is largely shaped by generations of their ancestors. They are distinct from urban or fast changing societies and life styles, maintaining a shared body of cultural, environmental, economic and family customs that are based on traditional occupations, knowledge, values and social hierarchies. Traditional community livelihoods are usually based on natural resources. Traditional communities could include farming or fishing communities, forest dwelling communities, and indigenous people nomadic communities. Traditional knowledge associated with biological resources is an intangible component of the resources itself. Traditional knowledge has the potential of being translated into commercial benefits by providing leads for development of useful products and process. The valuable leads provided by Traditional knowledge save time, money and investment of modern bio tech industries into any research and product and product development. Hence a share of benefits must accrue to creators and holders of Traditional knowledge. Only new knowledge can be patented. Patents only apply to inventions and not to existing knowledge. But if the knowledge is held in oral form then many IPR regimes do not consider oral knowledge as proof of previous documentation and therefore such knowledge is in danger of being patented. Biological resources and related traditional knowledge are often of great commercial value to business corporations in developing commercial products. Corporations often want to acquire IPRs related to biological resources and traditional knowledge as a way of maximizing their income generation.
Topics: Traditional Knowledge
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