Traditional Knowledge And Patent Protection In India: Examining The Legal Dimension
Aradhya Gupta, Amity Law University
ABSTRACT
In India, traditional knowledge (TK) is collective held, transmitted through generations, and intimately linked to biological resources, whether it is in the fields of medicine, agriculture, or ecology. Due to its financial potential, it has become a target for biopiracy, which involves obtaining patents elsewhere for usage that Indian tribes have been using for generations. This paper investigates the extent to which TK is shielded against misuse by Indian law and if it provides communities with any benefits beyond defense. It integrates a comparative study of Peru, Philippines, and Brazil. It contends that although India has developed a strong defense, a right has not been established. Wrongful patents are blocked by sec. 3(p), the oral- Knowledge grounds in sec. 25 & 64, Traditional knowledge Digital Library and Benefit- Sharing is managed by the state and has been relaxed for codified information by the 2003 amendment and provides communities with no independent recourse. Community custodianship, tiered registers based on People’s Biodiversity Register, consent with mutually agreed terms, direct standing and civil remedies, and a derivation test that distinguishes genuine invention from traditional knowledge are all components of the proposed sui generis statutes, which integrates rather than replaces current law.
Keywords: Traditional knowledge, Biopiracy, Patent Act 1970, Biological Diversity Act 2002, Traditional Knowledge Digital Library, Benefit- Sharing, Sui-Generis Protection.
