Traditional Knowledge Under IPR Regime
- IJLLR Journal
- 5 hours ago
- 1 min read
Thanusri G, The National University of Advanced Legal Studies
ABSTRACT
Traditional knowledge forms an important part of the wisdom, practices, and innovations of indigenous and local communities, developed and preserved over generations. However, the modern intellectual property rights regime often struggles to protect such knowledge, leading to biopiracy or misappropriation. This paper examines the relationship between traditional knowledge and intellectual property law, exploring existing protection mechanisms as well as what they lack. It analyses defensive and positive protection mechanisms, including patents, trademarks, geographical indications, copyright, and sui generis systems, and focuses on India’s legal and institutional responses, such as the Traditional Knowledge Digital Library (TKDL) and the Biological Diversity Act, 2002. The paper also explores international efforts under WIPO and the Convention on Biological Diversity.
The paper seeks to examine and promote favourable practices by comparing measures adopted by countries such as Peru and South Africa. Through case studies such as the turmeric and basmati rice disputes, the study underscores the urgent need for benefit sharing, prior informed consent, and community centred legal reforms. It concludes that a balanced approach combining IPR mechanisms with dedicated traditional knowledge protection systems is essential to prevent exploitation while respecting the rights, knowledge and culture of traditional knowledge holders resulting in a favourable situation for everyone involved.
