Reconciling Traditional Knowledge And Intellectual Property: Protecting Kani's Medicine Through Law And Benefit Sharing
Jayant K Dutt, LLM, Rajiv Gandhi National University of Law, Punjab
Mohd Hilal Alam, LLM, Hidayatullah National Law University, Chhattisgarh
1. ABSTRACT
The Kani tribe in the Western Ghats have unique traditional medicinal knowledge that is essential for communal and world health. This heritage is threatened by erosion, ecological degradation, and bio-piracy, as demonstrated in the Jeevani case, which showed the insufficiency of traditional IPR regimes based on novelty and individual inventors. India has created defensive measures, including the Biological Diversity Act, the Patents Act, and the Traditional Knowledge Digital Library, which are supported by Access and Benefit-Sharing frameworks. However, genuine justice and sustainable development necessitate changes that acknowledge communal ownership, protect cultural identity, and implement rights-based, community-centered safeguards that are customized to Kani traditions and values.
Keywords: Kani tribe, Traditional medicine, Bio-piracy, Access and Benefit Sharing, Intellectual Property, Patent Act, BDA
