Traditional Knowledge V Patent Rights Indigenous Rights And Commercial Interest

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R. Madhumitha, Tamilnadu Dr. Ambedkar Law University [SOEL]

ABSTRACT

Traditional Knowledge is a knowledge derives from the long-standing traditions and practices of certain regional, indigenous, or local communities. These technical concepts, which are intrinsically connected with the beliefs of the communities which had developed them, are the way indigenous people have in order to survive in the surrounding environment. This paper deals with the problems associated with the protection of Traditional Knowledge and codification in registers and databases. This paper aims to reduce the conflict of interest between the traditional knowledge and the claims of the commercial entity over those innovations. This paper examines legal cases, policy gaps, and reform options to harmonize patent law with indigenous rights, fostering innovation that respects both biodiversity and cultural integrity. Finally, this study focused on the solutions and recommendations to fill those research gaps.

Keywords: Traditional Knowledge, intellectual property right, cultural diversity, CBD, TRIPS Agreement, Disclosure of Origin, sui generis, bio piracy.

TRADITIONAL KNOWLEDGE V PATENT RIGHTS INDIGENOUS RIGHTS AND COMMERCIAL INTEREST.pdf

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