Traditional Knowledge, Genetic Resources And Intellectual Property: India’s Role In The Emerging Global Protection Framework
Brish Kumar Pankaj* & Dr. Ankita Sharma**
ABSTRACT
India's traditional knowledge and genetic resources journey has transformed from reactive opposition of disputed patents to multiple layers of patent protections such as patent exclusions, disclosure requirements, benefit sharing, and accessible searchable prior art. The question is whether or not this architecture is able to safeguard the interest of the community despite its compatibility with the evolving framework of multilateral cooperation on patent disclosure. More than a rough similarity, a doctrinal study of the Patents Act 1970 as well as the Biological Diversity Act 2002 (as amended) and some of the recent Indian judicial decisions and the World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge demonstrates a significant convergence with some limits. The implementation of source disclosure and geographical-origin disclosure of biological material is already in place as is the case with TK and the separation of a biological-resource use regime. Recently issued High Court judgments have helped to define that compliance with the requirements of biodiversity does not factor into the patentability considerations and disclosure is an independent traceability function. Institutional evidence also reveals a rise in intellectual property applications related to the use of biological knowledge, documented receipts on access and benefit-sharing as well as high uptake of the TKDL in overseas patent examination. The upcoming treaty thus secures an “internationalisation” of the logic of disclosure, which is one that India has long championed but without itself establishing community rights in general. A robust patent examination, coupled with disclosure and community ID, benefit distribution, governance of the database, and precisely drafted positive rights is therefore essential for effective protection in India.
Keywords: Traditional Knowledge; Genetic Resources; Patent Disclosure; Access and Benefit Sharing; India.
