Reimagining Intellectual Property For Traditional Knowledge And Indigenous Innovation: A Decadal Analysis Of India

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Mukul Kumar Tanwar, Amity Law School, Amity University, Noida

ABSTRACT

This research examines the role of intellectual property law in protecting traditional knowledge and indigenous innovation in India during the period 2016–2026. It argues that while intellectual property regimes have contributed to preventing misappropriation and enabling limited recognition of community-based knowledge systems, they remain structurally inadequate in addressing the collective, evolving, and context-specific nature of traditional knowledge. The study adopts a doctrinal methodology, supported by institutional data and policy developments, to analyse the functioning of key legal frameworks, including patents, geographical indications, biodiversity regulation, and farmers’ rights.

The findings indicate that India has developed a layered and pragmatic approach, combining defensive mechanisms such as the Traditional Knowledge Digital Library with positive recognition through geographical indications and distributive tools like access and benefitsharing. However, this framework remains fragmented and uneven in its impact. Significant challenges persist in the form of weak enforcement, asymmetrical benefit distribution, vulnerability of non-codified knowledge, and emerging risks posed by digital technologies and artificial intelligence.

The research concludes that intellectual property law alone cannot provide comprehensive protection for traditional knowledge. Instead, a multi-layered and community-centered approach is required, integrating legal reforms, institutional strengthening, and international cooperation. It further recommends the development of a sui generis framework that recognizes the unique characteristics of traditional knowledge while ensuring equitable benefit-sharing and community participation. Ultimately, the study emphasizes the need to reframe traditional knowledge not merely as an economic resource, but as a vital component of cultural heritage and sustainable development.

Keywords: Traditional Knowledge, Indigenous Innovation, Intellectual Property Law, Geographical Indications, Biodiversity, Benefit-Sharing

557. REIMAGINING INTELLECTUAL PROPERTY FOR TRADITIONAL KNOWLEDGE AND INDIGENOUS INNOVATION

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