
Ujjal Sarma
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Books by Ujjal Sarma
Papers by Ujjal Sarma
Communities (ILCs) in the global South has become a valuable "commodity" or "bio-resource," necessitating
the setting up of harmonized ground rules (international and national) in the form of an access and benefitsharing
regime to facilitate its exchange in the world market. Despite criticisms that a regime with a neo-liberal
orientation is antithetical to the normative ethos of ILCs, it could also offer a chance for developing countries
and ILCs to generate revenue for socioeconomic development—to which they are gradually becoming open,
but only under fair and equitable terms. Based on this context, this article proposes to look into the legal and
policy frameworks and institutional regimes governing access and benefit sharing of TK associated with
biological resources in two countries of South Asia: India and Bhutan. The article seeks to examine how such
regimes are reconciling the imperatives of a neo-liberal economy with providing a just and equitable
framework for ILCs and TK holders, which is truly participatory and not top-down.
regime for protecting traditional knowledge associated with biodiversity is over a decade old. Nevertheless,
this continues to be an area fraught with difficulties for many reasons, such as inherent mismatch between the
nature of intellectual property rights regimes and that of traditional knowledge, lack of an effective
international framework, and alleged lack of will on the part of developed countries. The paper argues that the
possible non-inclusion of traditional knowledge holders in the process and the lack of their practical capacity
is another key reason for non-effectiveness of existing or envisaged legal instruments. It takes the position that
a major lacuna of this discourse is that it is not strongly positioned in the local economic, political, and social
contexts in which local and Indigenous communities find themselves today. Using a field-based case study of
an Indigenous scheduled tribe, the Karbis in the northeastern state of Assam, the paper makes the case for
discarding commonly held, often non-realistic ‘assumptions’ about local and Indigenous communities and
accommodation of their realities and perspectives in enacting ‘rights based’ law and policy on these issues.
Communities (ILCs) in the global South has become a valuable "commodity" or "bio-resource," necessitating
the setting up of harmonized ground rules (international and national) in the form of an access and benefitsharing
regime to facilitate its exchange in the world market. Despite criticisms that a regime with a neo-liberal
orientation is antithetical to the normative ethos of ILCs, it could also offer a chance for developing countries
and ILCs to generate revenue for socioeconomic development—to which they are gradually becoming open,
but only under fair and equitable terms. Based on this context, this article proposes to look into the legal and
policy frameworks and institutional regimes governing access and benefit sharing of TK associated with
biological resources in two countries of South Asia: India and Bhutan. The article seeks to examine how such
regimes are reconciling the imperatives of a neo-liberal economy with providing a just and equitable
framework for ILCs and TK holders, which is truly participatory and not top-down.
regime for protecting traditional knowledge associated with biodiversity is over a decade old. Nevertheless,
this continues to be an area fraught with difficulties for many reasons, such as inherent mismatch between the
nature of intellectual property rights regimes and that of traditional knowledge, lack of an effective
international framework, and alleged lack of will on the part of developed countries. The paper argues that the
possible non-inclusion of traditional knowledge holders in the process and the lack of their practical capacity
is another key reason for non-effectiveness of existing or envisaged legal instruments. It takes the position that
a major lacuna of this discourse is that it is not strongly positioned in the local economic, political, and social
contexts in which local and Indigenous communities find themselves today. Using a field-based case study of
an Indigenous scheduled tribe, the Karbis in the northeastern state of Assam, the paper makes the case for
discarding commonly held, often non-realistic ‘assumptions’ about local and Indigenous communities and
accommodation of their realities and perspectives in enacting ‘rights based’ law and policy on these issues.