Preserving Indigenous Medicinal Knowledge In India: An Analysis Of Health Rights And Intellectual Property Challenges
- IJLLR Journal
- 1 day ago
- 1 min read
Gargi Vashisht, The West Bengal National University of Juridical Sciences, Kolkata
ABSTRACT
This study examines the challenges in protecting Indigenous medicinal knowledge in India and its impact on health rights within the context of intellectual property regimes. It critically analyses the effectiveness of current legal frameworks, including the Patent Act, 1970 and the Biological Diversity Act, 2002, in safeguarding traditional medicinal practices against biopiracy and misappropriation. The research employs a doctrinal research approach to investigate the inadequacies of existing Intellectual Property Rights (IPR) systems in addressing the communal nature of Indigenous communities’ access to traditional healthcare resources and their ability to maintain cultural practices. The study also evaluates international agreements like TRIPS and their implications for traditional knowledge protection. By synthesising insights from legal analysis and case studies, this research proposes alternative legal mechanisms and policy reforms. These recommendations aim to enhance the preservation of indigenous medicinal knowledge while ensuring equitable benefit-sharing and protecting health rights. The findings contribute to the ongoing discourse on balancing IPR protection with the rights of Indigenous communities, offering a comprehensive legal perspective on this critical issue in the Indian context.
