Protection Of Traditional Knowledge In India: Limitations Of Intellectual Property Law And The Need For A Sui Generis Framework

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Abhi Yadav, National Forensic Sciences University, Gandhinagar

ABSTRACT

Traditionally, knowledge (TK) refers to the intellectual legacy of native and local communities accumulated over the years through experience. Despite its importance to society from a social, cultural, economic, and ecological point of view, the inadequacy of the existing intellectual property (IP) regime to offer protection for this type of knowledge is inherent in its structure. This paper focuses on the structural limitations in the IP system in relation to the protection of TK and, more specifically, to the Indian case. The analysis of this problem starts by looking into the limitations of patent law, continues with the exploration of the alternatives to patent law, namely geographical indications, and concludes with an assessment of international regimes, including TRIPS and the CBD.

Keywords: Traditional knowledge, Intellectual Property Rights, Biopiracy, Benefit-sharing, Customary Law, Geographical Indications.

622. PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA- LIMITATIONS OF INTELLECTUAL PROPERTY LA

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