WIPO’s Traditional Knowledge Negotiations: India’s Legal Pluralist Challenge To Western Intellectual Property Norms

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Reeti Nanda, O.P. Jindal Global University

ABSTRACT

This paper examines India's role in the World Intellectual Property Organization (WIPO) negotiations on the protection of traditional knowledge (TK) through the lens of legal pluralism and global justice. It argues that the conventional intellectual property (IP) framework, founded on Western concepts of individual ownership, novelty, and market exclusivity, is inadequate for protecting traditional knowledge, which is collective, intergenerational, and deeply rooted in cultural and customary practices. Drawing on the theoretical contributions of John Rawls, Amartya Sen, Thomas Pogge, William Twining, Upendra Baxi, Graham Dutfield, and Chidi Oguamanam, the paper demonstrates how India's legal and diplomatic interventions challenge the universality of Western IP norms. It critically analyses India's initiatives, particularly the Traditional Knowledge Digital Library (TKDL), as a defensive mechanism against biopiracy while acknowledging concerns regarding state appropriation, codification of oral traditions, and the marginalization of indigenous communities. The paper further evaluates the functioning of WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), highlighting the persistent tension between innovation- driven intellectual property regimes and community-based knowledge systems. It argues that legal pluralism provides a more equitable framework for international intellectual property governance by recognizing customary laws, collective rights, and benefit-sharing mechanisms. The paper concludes that India's approach extends beyond protecting national interests and contributes to reshaping global intellectual property governance towards greater inclusivity, justice, and recognition of diverse legal traditions. Ultimately, it contends that the future of traditional knowledge protection depends on integrating indigenous epistemologies into international legal frameworks rather than compelling them to conform to existing Western intellectual property models.

Keywords: Traditional Knowledge (TK), World Intellectual Property Organization (WIPO), Legal Pluralism, Intellectual Property Rights (IPR), Traditional Knowledge Digital Library (TKDL).

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