Designing A Sui Generis Framework For Equitable Compensation To Indigenous Communities In India For Their Traditional Medicinal Knowledge
- IJLLR Journal
- Jul 10, 2025
- 1 min read
Mr. Indranil Banerjee, Ph.D. Scholar, CCS University, Meerut
Dr. Kuldeep, Assistant Professor, DAV College, Muzaffarnagar
ABSTRACT
India’s traditional medicinal knowledge, deeply rooted in indigenous systems such as Ayurveda, Siddha, and Unani, has long stood as an invaluable asset to both domestic and global healthcare. Yet, the increasing commercialization of this knowledge by pharmaceutical corporations, alongside the challenges of biopiracy faced by indigenous communities, underscores the urgent need for a comprehensive legal framework that guarantees fair compensation for the use of their ancient medicinal practices. This paper delves into the formulation of a sui generis framework designed to protect and remunerate indigenous communities for their invaluable contributions to the realm of traditional medicine. The analysis critically addresses the inadequacies of existing intellectual property rights (IPR) systems, including patents and trademarks, which often fail to capture the intrinsic cultural and communal nature of traditional knowledge. The proposed framework advocates for a specialized legal regime that incorporates the unique cultural, social, and environmental dimensions of indigenous knowledge, promoting an equitable model of benefit-sharing. By drawing upon global conventions such as the Nagoya Protocol, TRIPS, and WIPO guidelines, the paper envisions a sui generis mechanism that not only shields traditional knowledge from exploitation but also empowers indigenous communities through active participation and the assurance of rightful compensation. Through an in-depth examination of case studies, legal paradigms, and indigenous viewpoints, this research aspires to offer pragmatic solutions that secure the ethical and just utilization of India’s rich medicinal heritage while encouraging sustainable and responsible practices in the international pharmaceutical industry.
Keywords: Indigenous Communities, Traditional Medicinal Knowledge, Sui Generis Framework, Intellectual Property Rights, Equitable Compensation
