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Indian Indigenous Knowledge And Patent Rights: Case Studies In Bioprospecting


 


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.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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