Legal Protection Of Traditional Knowledge And Its Role In Biodiversity Conservation
- IJLLR Journal
- Feb 4
- 1 min read
Arya B Venugopal, Research Scholar, School of Law, Presidency University, Bangalore
Dr. Saroj Sharma, Dean, School of Law, Presidency University, Bangalore
ABSTRACT
This review paper summarizes ten scholarly research articles published in the period between 2021 to 2025 investigating the phenomenon of traditional ecological knowledge (TEK), biodiversity conservation, indigenous environmental practices and the significance of legal protection of traditional knowledge (TK). In the literature reviewed, most researchers agree that TEK plays an important role in biodiversity conservation based on culturally rooted ecological activities such as forest management, medicinal plants, agro-biodiversity management and community resource management. Nevertheless, as it is also seen in the literature, the current legal systems fail to safeguard TK against misappropriation and biopiracy and insufficiently secure it against loss as a result of social transformation. Although national laws in India, especially the Biological Diversity Act (2002) offer a formal foundation on which access and benefit sharing can be regulated, little actual implementation has occurred, with little engagement of indigenous people. The biodiversity governance systems in Kerala, such as the People Biodiversity Registers, signal good opportunities but necessitation of the stronger community-based systems and legislation. This review concludes that Kerala can become a model in developing a novel form of TK protection in case the legal frameworks are oriented towards the community ownership, benefit sharing, and incorporation of TEK into the biodiversity and climate strategies.
Keywords: Traditional Knowledge, Traditional Ecological Knowledge, Biodiversity, Kerala Indigenous Communities, Biopiracy Access and Benefit Sharing, Legal Protection.
