Traditional Knowledge And Protective Role Of IPR
- IJLLR Journal
- Dec 24, 2024
- 2 min read
Sara Charan, University School of Law and Legal Studies (USLLS), Guru Gobind Singh Indraprastha University (GGSIPU)
ABSTRACT
Traditional knowledge is the learned knowledge, behaviour and skill that has been inherited through generations within the community. The knowledge is used in many fields, for instance agriculture, medicine, arts, ecology, and cultural expressions, and it is an important part of the community's identity and heritage. Even though traditional knowledge plays a crucial role in cultural, scientific, and moral spheres, it is still at risk because of misappropriation, lack of interest in using it, not having access to it or the knowledge is available but in a different language. This paper talks about the meaning of traditional knowledge, the sources from which it is extracted, different types, the need to protect, ways to protect, and few acts which are associated with protection. It also takes a deep dive into the different mechanisms of protecting this knowledge, distinguishing between defensive protection, its aim is to prevent third parties from misappropriation of traditional knowledge through documentation and positive protection, which seeks to establish legal frameworks that preserve and promote traditional knowledge. A good example of this protection is the Traditional knowledge digital Library (TKDL)1 in India, which not only reduces the risk of knowledge being represented in an erroneous or abusive way, but also helps in preventing patenting of this knowledge. The paper highlights the significance of international legal frameworks in protecting traditional knowledge. It points out that these legal measures play a vital role in preventing misuse, promoting ethical use, and ensuring that the cultural and scientific value of this knowledge is recognized and respected worldwide. Such protections are essential for the preservation of heritage.
