Sreejan Pankaj, BBA-LLB, LLM, Chanakya National Law University, Patna
ABSTRACT
Traditional Knowledge (TK) as IP has long been looming in the legislative vacuum. Though a sound and harmonious intellectual property law exist at the global level to protect and promote invention and innovation, the status accorded to the traditional knowledge hangs by thread. Traditional Medicinal Knowledge(TMK) as a subset of TK has constantly been subject to modulate misappropriation. Even as TRIPS and CBD (1992) have cast an enforceable legal system recognizing the rights associated with this knowledge at the same time allowing to reap the commercial benefit with compulsory benefit sharing and informed consent of the right holder, still there lies a long the road ahead in realizing the holistic nature of this Intellectual Property.
Knowledge about various medicinal plants and traditional healing techniques remain a primary source of healthcare among various developing countries, as major pharmaceutical markets are controlled by developed countries making it inaccessible. Once the obstinate medical and scientific community about the effectiveness of the TMK, due to the pandemic has seen a huge increase in demand for these, especially in India. These medicines are getting their due recognition as a rational and cost-effective system of healthcare worldwide.
Local and indigenous communities remain the primary sources of the knowledge and resources thus there is a need to protect their cultural sovereignty. In this paper, we shall discuss the various national and international legislation which seeks to deem legal identification and safeguards on this Traditional Medicinal knowledge.
Keywords: Traditional Knowledge, Indigenous Community, Traditional Medicine, Intellectual Property Rights, Healthcare.
