Indian Indigenous Knowledge And Patent Rights: Case Studies In Bioprospecting
- IJLLR Journal
- Apr 9
- 1 min read
Sai Lakshmi. S & K. Adhitya, VIT School of Law, Chennai.
ABSTRACT
The convergence of Indian Indigenous Knowledge and bioprospecting with patent rights is a key area to explore, exhibiting deep significance in cultural, legal, and ethical contexts. Bioprospecting, promising trade and medicinal returns, tends to result in exploitative practices overlooking the contributions made by Indigenous groups. Indian law, in the form of the Indian Patents Act and the Biological Diversity Act, is intended to protect traditional knowledge from biopiracy, but serious issues in implementation and enforcement persist. Significant case studies involving Neem, Turmeric, and Basmati rice reflect the complexity of defending Indigenous knowledge from spurious patent claims by foreign companies.
The creation of the Traditional Knowledge Digital Library (TKDL) is an anticipatory measure to prevent biopiracy, although it does not formally provide Indigenous communities with ownership rights. To increase protection for Indigenous knowledge, community engagement in decision- making and enhancing benefit-sharing agreements must be ensured. In addition, tackling systemic issues in patent systems and calling for international legal reforms are vital to ensure fair recognition of Indigenous inputs. This research stresses the importance of a collective effort in safeguarding Indigenous knowledge and ensuring ethical bioprospecting to achieve fair and sustainable results for all involved stakeholders.
Keywords: Indigenous Knowledge; Bioprospecting; Patent Rights; Biopiracy; Traditional Knowledge Digital Library; Benefit-Sharing.
