Traditional Knowledge: Scope In Patent Law
- IJLLR Journal
- Jul 1
- 2 min read
Anshika Yadav, Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow
Aparna Gautam, Department of Law, School of Legal Studies, Babasaheb Bhimrao Ambedkar University, Lucknow
ABSTRACT
Intellectual Property is a kind of intangible property which is generated by the intellect of human brain. The question of protection of traditional knowledge usually falls under the purview of patent law. Providing protection to the age old knowledge is one of the most complicated & debatable issue. As the intellectual property are meant to be associated with individual right, thus the traditional knowledge which is in its characteristics based on the knowledge of the community, often push it out of the scope of protection by IP laws. It has been always being considered as knowledge which is free for the exploration and utilization without giving the share of credit to those who are its actual bearers. The issue of acknowledging the protection for the traditional knowledge has been the agenda on the international level since so long. Since 1998, a forum has been provided by the WIPO (World Intellectual Property Organization) for the debate on this subject. Also, meetings were held to by the Intergovernmental Committee on Intellectual Property and genetic Resources, Traditional Knowledge and Folklore (IGC) WIPO since 2001, to make provisions in relation to the safeguarding of traditional knowledge from being misappropriated and misused. Inspite of these measures, only few results were seen on international level. Nevertheless, there are some of the developing countries like India which have taken measures like introduction of Traditional Knowledge Digital Library (TKDL) and guidelines under section 3 of IP act etc, on the national level to protect their traditional knowledge from exploitation.
Keywords: Intellectual Property, Traditional Knowledge, Debatable, Protection, Exploitation
