Preeta Brahma, Research Scholar, School of Law, Vel Tech Deemed to be University, Avadi, Chennai & A. Subrahmanyam, Dean, School of Law, Vel Tech Deemed to be University, Avadi, Chennai
ABSTRACT
World Intellectual Property Organization (WIPO) booklet 2020 highlights the need for protection of Indigenous People’s Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions. The aim of this booklet is to provide general basic information to obtain protection via Intellectual Property to safeguard from misappropriation and also to obtain share of equal benefit. WIPO has also released a toolkit in 2017 for the need of documenting traditional knowledge. This paper will discuss and trace the different forms of indigenous traditional knowledge of ‘Bodo’, the aboriginal ethnic and linguistic indigenous community settled in the Northern Brahmaputra Valley of Assam. They are said to have unique practices notably when it comes to weaving traditional clothes, healing practices, performing arts, etc. Therefore, this paper will analyze if an enactment of Customary Law will be able to grant protection in compliance with the WIPO toolkit and booklet, UNDRIP, Nagoya Protocol. It will also highlight that the current intellectual property law cannot grant comprehensive protection to the traditional knowledge of indigenous people. The role of Bodoland Territorial Council (B.T.C) as per para 3 (B) of the sixth schedule of the COI in enacting laws with regard to the 40 subject matters is also discussed for the protection of rights of Bodo community.
Keywords: Traditional Knowledge; Traditional Cultural Expressions; Customary Law; Protection; Recognition; Bodo.
