Intellectual Property Rights Of Tribal Communities: An Analysis Of Geographical Indications And Protection Of Plant Varieties And Farmers' Rights Act, 2001 With Case Studies
- IJLLR Journal
- May 8
- 2 min read
Ayush Bansal, KIIT School of Law
ABSTRACT
Indigenous communities around the world have long been custodians of unique cultural heritage, traditional knowledge, and intellectual property. The complex landscape of Indigenous Intellectual Property Rights (IPR) with a specific focus on tribal communities. The discourse encompasses the challenges faced by tribals in preserving and protecting their intellectual assets, the legal frameworks governing indigenous IPR, and the implications of relevant legislation such as the Geographical Indication (GI) Act and the Protection of Plant Varieties and Farmer Rights Act, 2001. Tribal communities, often marginalized and economically disadvantaged, possess a wealth of traditional knowledge passed down through generations. This knowledge spans diverse domains including agriculture, medicine, handicrafts, and cultural expressions. However, the recognition and protection of tribal IPR pose significant challenges, exacerbated by factors such as historical exploitation, lack of legal recognition, and inadequate institutional support. The GI system offers a promising avenue for safeguarding tribal intellectual property associated with products of specific geographical origins. However, the process of obtaining GI registration presents hurdles for tribal producers, including bureaucratic complexities, proof of authenticity, and equitable benefit-sharing concerns. Similarly, the PPVFR Act aims to protect the rights of farmers, including tribals, but implementation challenges persist, particularly in accessing formal intellectual property rights and ensuring fair compensation. Legal precedents has played a pivotal role in shaping the discourse on indigenous IPR protection. Landmark cases addressing issues such as misappropriation of traditional knowledge, recognition of tribal rights over natural resources, and enforcement of intellectual property rights in tribal communities provide guiding principles for future legal disputes. However, gaps remain in translating international agreements and legal principles into actionable protections at the national level. The protection of Indigenous Intellectual Property Rights is a pressing issue with far-reaching implications for tribal communities' cultural survival, economic empowerment, and self- determination. While legislative measures and legal precedents offer avenues for progress, concerted efforts are needed to bridge the gap between legal frameworks and practical realities, ensuring that tribal communities receive the recognition, protection, and benefits they rightfully deserve.
Keywords: Indigenous intellectual property rights, Geographical indication, Protection of Plant Varieties and Farmer Rights Act, 2001
