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Does Traditional Medicine Fit In The Box Of Intellectual Property Law?




Nirmala Mahaveer Patil

ABSTRACT

The purpose of this paper is to describe and analyze traditional knowledge(TK) and its forms, specifically concentrating on traditional medicine, discussing from the perspective of India.

People have used the traditional medicines freely, and also passed this traditional knowledge to heal or cure diseases, from generations to generations. Can this traditional knowledge be put into the box of intellectual property and regulate, formalize or provide legal sanction to it? The paper aim to answer it.

Additionally, there is no single international instrument covering TK hence the paper refer to the recent international developments on protection of traditional knowledge and discuss the Convention on Biological diversity, Nagoya Protocol, IGC, establishment of TKDL, Sui generis system of protection. The paper concludes with a brief overview of TK.


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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