Positive Protection Of Traditional Knowledge And Product Through Intellectual Property Law
- IJLLR Journal
- Jul 30, 2022
- 1 min read
Positive Protection Of Traditional Knowledge And Product Through Intellectual Property Law: Rights Of Artisans
Bhavya Sharma, Isha Sharma & Khushi Jain, Indore Institute of Law
BACKGROUND BRIEF
The contemporary international legal system of intellectual property law was designed during the era of industrialization in the 19th century and later got subsequently evolved keeping in mind the needs of the technologically and scientifically advanced societies. However, in the latest times the indigenous and local communities have asked for equivalent protection of their rights about Traditional knowledge systems mainly in developing countries like India.
Early policy consideration, which began among the United Nations Economic and Social Council, United Nations Educational, Scientific and Cultural Organization, and International Union for the Protection of Nature, expanded global recognition through the first UN Conference on the Human Environment held in Stockholm in 19721.
Other relevant evolutions relating to traditional knowledge which developed concurrently to progress in the CBD leading up to the Protocol include the establishment of:
(1) the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) passed by the Food and Agriculture Organization Conference in 2001, and entering in force on 29 June 20042, which provides for protections relating to ‘farmers rights’ including traditional knowledge and traditional breading practices.
