Traditional Knowledge And IPR In India: Emerging Issues And Challenges
- IJLLR Journal
- Jun 15
- 1 min read
Dr. Sridevi Krishna, Assistant Professor, Vidyavardhaka Law College, Sheshadri Iyer Road, Mysuru
ABSTRACT
Traditional Knowledge (TK) refers to the long-standing traditions and various practices of the indigenous communities. Traditional knowledge embodies culture and the knowledge of the community which is passed mostly orally from one generation to another. This knowledge can also be determined in numerous ideas along with approaches like preparing food, use of spices, domestic treatments for curing sickness, plant properties, calculation of time, preparing and using specialized tools and technologies, yoga practices etc. Each of those ideas has critical important component that is, it has historic roots and it is far regularly oral. Today, protection of traditional knowledge is a challenge as they are exposed to Bio-piracy. This happens while there's business usage of the knowledge without the sanction of the indigenous network that is related to such traditional knowledge. But, through the years Intellectual Property Rights had been formulated as monopolistic rights to guard distinctive, innovative, novel and beneficial thoughts of the human beings. In this regard protection of traditional knowledge was given significance in 1992 through the adoption of Convention on Biological Diversity (CBD) followed by the Nayoga Protocol in the year 2010.This paper aims to analyze the international and national laws meant for guiding traditional knowledge in India and discusses the challenges and drawbacks of its protection under TKDL with few suggestions for its protection.
Keywords: Traditional Knowledge, Biodiversity, Intellectual Property Rights, Biopiracy, Patent
