Case Study Of Exploitation And Misappropriation Of Traditional Knowledge In Different Countries

Tarun Sharma, BA LLB, LLM (IPR), HNLU

ABSTRACT

The exploitation and misappropriation of traditional knowledge is a multifaceted issue that has garnered global attention due to its implications for cultural preservation, intellectual property rights, and equitable development. This case study delves into instances of such exploitation across various countries, shedding light on the complexities and challenges faced by indigenous communities. Examining a range of contexts, this study highlights how traditional knowledge, often deeply rooted in indigenous cultures, has been commodified and exploited for economic gain without due recognition or compensation. By investigating instances from diverse countries, the study uncovers the diverse forms of misappropriation, including biopiracy, unauthorized use in the pharmaceutical and cosmetic industries, and cultural appropriation in the arts and entertainment sectors. The case study also underscores the legal and ethical dimensions of this issue. It investigates the existing international frameworks, such as the Nagoya Protocol, and analyzes their effectiveness in safeguarding traditional knowledge rights. Furthermore, it explores the challenges of enforcing these regulations across different jurisdictions with varying legal systems and cultural norms.

Keywords: IPR, Traditional Knowledge, Copyright, Patent, Bio-Piracy