It is well known that indigenous and local communities depend on TK for their livelihood as well as to sustainably manage and exploit their ecosystem. The WHO estimates that up to 80 per cent of the world population relies on traditional medicine for primary health care. Thus, on one hand, organizations such as Food and Agriculture Organization (FAO), the World Bank and the United Nations Environmental Program now encourage the use of TK in sustainable rural development programs. On the other hand, TRIPS agreement of WTO fails to see it as a knowledge reserve to be protected. In view of the trend towards biopiracy and misappropriation of TK, the international community is debating the consequences of globalization in its various forums. The role of IP regime in relation to TK, ways and means of preserving, protecting and equitably making use of it, has received increasing attention in a range of international policy discussions. IP matters relating to TK were discussed internationally in forums relating to food and agriculture, environment, conservation of BD, public health, human rights, indigenous issues, trade and economic development. Though at the international level, there is significant support for opposing the grant of patents on non-original inventions, the current IP regime fails to develop a system of reward or protection for TK.

The following international bodies touch upon the rights of TK holders:

• The CBD in its preamble and Article 8(j) recognizes “the close and traditional dependence of many indigenous and local communities embodying traditional lifestyles on biological resources and the desirability of sharing equitably the benefits arising from the use of TK, innovations and practices relevant to the conservation of BD and the sustainable use of its components.” Under the CBD, a working group in relation to access to genetic resources and benefit sharing (has developed the Bonn Guidelines). These are designed to facilitate access to genetic resources among the member states. Though the guidelines seek to balance the interests of the country of origin of genetic resources with those of the recipient in benefit sharing arrangements, they are basically premised on the commercialization of these resources. With indigenous groups and people’s organizations stressing the need for more focused attention on TK, at the Madrid Workshop, the requirement for a working group on Article 8(j) was endorsed.
• Under the auspices of the FAO, the International Treaty on Plant Genetic Resources provides the space for national recognition of farmer’s rights. Despite attempts by Asian countries to include farmer’s rights in the text of the treaty, the treaty fails to do so and also has controversial provisions on IP rights.
• WIPO, under its Intergovernmental Committee on Genetic Resources, Traditional Knowledge and Folklore (IGC-GRTKF), has created a task force under the committee of experts of the International Patent Classification (IPC) to study the relation and possible integration of a TK resource classification into the IPC. WIPO’s 184 member states are negotiating an international legal instrument intended to ensure the effective protection of TK and traditional cultural expressions and to regulate the interface between IP and genetic resources.
• Under the Asia-Pacific Economic Cooperation (APEC), the Intellectual Property Rights Expert Group is making action plans to promote an internationally harmonized IP system.
• Though the TRIPS agreement does not expressly cover patent protection for TK, it contains several provisions including articles 7, 8, 27, 29, 32 and 62.1, which are relevant to the issue of disclosure of the source of TK in patent applications. It provides for plant variety protection through patent protection or a sui generis. However, the procedures and schemes by which this may be used to protect indigenous knowledge are yet to be worked out.
• The WTO, TRIPS council was requested by India on behalf of the other Asian countries to harmonize TRIPS agreement with the CBD. The objective is that TRIPS agreement should be supportive of CBD. A submission to amend TRIPS agreement was made to provide for a requirement by a patent applicant (in relation to biological materials) to furnish information on the country of origin of the biological resource, evidence of prior informed consent and that of a fair and equitable benefit sharing arrangement as a condition for acquiring patent rights.

Practically viewing, enforcement wise and implementation wise, there is virtually no attempt at the international level to seriously bring the rightful rights, recognition and protection to TK holders. The protection of genetic resources, and folklore and TK has, however, provoked a long and unrelenting debate between developed and developing nations.