Intellectual Property Protection Of Traditional Knowledge: A Comparative Perspective Of Peru, Brazil And India

Kshama K, School of Law Christ deemed to be University

ABSTRACT

Traditional knowledge has been a way of life for the indigenous communities since time immemorial. Traditional knowledge, represents a lineage of cultural and scientific wisdom passed down through generations. With the wake of biopiracy and increased exploitation of such communities associated with Traditional knowledges there is an increasing need to protect them. Protection of Traditional knowledge poses to be one of the most contentions and problematic issues as protection must not only be conferred upon the Traditional knowledge but also the indigenous communities’ rights over such knowledge. Intellectual property rights are one such protection that can be availed by these people. This paper entails an examination of global policy and national legislations that have been enacted to protect Traditional knowledge while also exploring the tiff between TRIPS and CBD.

This research explores the intricacies of intellectual property protection for Traditional knowledge, with a particular focus on the distinct approaches taken by Peru, Brazil, and India. Case laws have been used to elucidate the effect of Peruvian, Brazilian and Indian laws on the communities, while also addressing the lessons that can be learned from the experiences of the aforementioned countries. The author has used doctrinal method of research to gain an in-depth analysis of the problem at hand and propose a solution to it. To curb the rising incidents of biopiracy, it is essential to implement an efficient protection mechanism. India has taken the lead through the establishment of the Traditional knowledge Digital Library, which has proven to be extremely beneficial. This initiative allows 3rd parties to access the knowledge while simultaneously ensuring due recognition for Traditional knowledge holders.

The paper concludes by highlighting the need to create awareness, implement a sui generis system and enact a special legislation dealing with the subject matter at hand.

Keywords: Traditional knowledge, biopiracy, sui generis system, indigenous communities, Intellectual property rights, recognition, Traditional knowledge Digital Library.