Protection Of Traditional Knowledge And Benefit Sharing
- IJLLR Journal
- 4 days ago
- 2 min read
Lisha Singh, Amity University, Noida, UP
ABSTRACT
Traditional Knowledge (TK) constitutes a vital component of the cultural, intellectual, and ecological heritage of indigenous and local communities across the world. It encompasses a wide array of practices, innovations, and knowledge systems developed over generations, particularly in areas such as medicine, agriculture, biodiversity conservation, and ecological sustainability. Despite its immense value, traditional knowledge remains inadequately protected under existing intellectual property frameworks, leading to widespread concerns regarding its misappropriation and exploitation.
The growing phenomenon of biopiracy has highlighted the vulnerability of traditional knowledge systems. Corporations and researchers have often extracted biological resources and associated knowledge from indigenous communities without proper authorization or compensation. Such practices not only undermine the rights of knowledge holders but also raise serious ethical and legal concerns at the international level. The inadequacy of conventional intellectual property laws primarily designed to protect individual, novel, and time-bound innovations further exacerbates this issue, as traditional knowledge is typically collective, ancient, and orally transmitted.
This dissertation critically examines the legal and institutional frameworks developed to address the protection of traditional knowledge and the equitable sharing of benefits arising from its utilization. It explores key international instruments such as the Convention on Biological Diversity (CBD) and the Nagoya Protocol, which have introduced the concept of Access and Benefit Sharing (ABS) as a mechanism to ensure fairness and justice. These frameworks emphasize principles such as prior informed consent and mutually agreed terms, aiming to empower indigenous communities and safeguard their rights.
The study also provides a detailed analysis of national efforts, particularly in India, where initiatives such as the Traditional Knowledge Digital Library (TKDL) and the Biological Diversity Act, 2002, have played a significant role in preventing the misappropriation of traditional knowledge. Landmark case laws, including the turmeric, neem, and basmati disputes, are examined to illustrate the challenges and successes in protecting traditional knowledge within existing legal systems.
