Legal Mechanisms For The Protection Of Traditional Knowledge: Integrating Intellectual Property Rights, Customary Laws, And Global Frameworks

Aditya Pranav Dwivedi (Research Scholar, Faculty of Law, University of Delhi)

Mugdha Dwivedi (Research Scholar, Faculty of Law, University of Delhi)

ABSTRACT

This paper explores the challenges and opportunities in protecting Traditional Knowledge (TK) through modern Intellectual Property Rights (IPR) systems, customary laws, and international frameworks. Traditional Knowledge, deeply rooted in indigenous and local communities, plays a crucial role in biodiversity, cultural heritage, and sustainable development. However, modern IPR frameworks such as patents and copyrights fail to adequately protect Traditional Knowledge, leading to issues such as biopiracy and misappropriation. This paper evaluates international legal frameworks like the TRIPS Agreement, the Convention on Biological Diversity (CBD), and the Nagoya Protocol, while also analyzing the role of customary laws in safeguarding indigenous knowledge. The study concludes by proposing a hybrid IPR system that respects the unique nature of Traditional knowledge, fosters equitable benefit-sharing, and promotes sustainable development.