Patent Law And The Protection Of Traditional Knowledge: A Critical Study With Special Reference To Tribal Communities In India And A Comparative Analysis With Peru, The Philippines And Brazil
- IJLLR Journal
- Feb 27
- 1 min read
Lakshmi R Nair, LL.M. (Intellectual Property Rights and Trade Law), School of Law, CHRIST (Deemed to be University), Bengaluru
ABSTRACT
Traditional Knowledge (TK) is the body of knowledge, practices, and innovations developed and maintained by indigenous and tribal communities over the years. In the Indian context, such knowledge, especially in the areas of medicine, agriculture, and biodiversity, has been increasingly endangered by biopiracy in the form of patenting, often without the knowledge or benefit of the original knowledge holders. This paper critically evaluates the efficacy of legal provisions in India, especially Section 3(p) of the Patents Act, 1970, the Biological Diversity Act, 2002, and the Traditional Knowledge Digital Library (TKDL) in protecting such knowledge from biopiracy. Although India has developed robust defensive structures against illegal patenting, these are inadequate on the parameters of positive rights, community ownership, and benefit-sharing. By way of a comparative study of the Biodiversity Law of Brazil (2015), the sui generis system of Peru under Law No. 27811 (2002), and the Indigenous Peoples’ Rights Act of the Philippines (1997), this paper seeks to identify alternative models that give greater importance to collective rights and prior informed consent. This paper recommends the development of a comprehensive sui generis system in India that strikes a balance between intellectual property rights and social justice, cultural integrity, and sustainable development.
Keywords: Traditional Knowledge, Biopiracy, Indigenous Communities, Intellectual Property Rights, Benefit-Sharing.
