Preserving Cultural Heritage: Ayurveda And The Complex Landscape Of Intellectual Property Rights

Dr. Kanika Aggarwal, MD (Ayu) Scholar, Department of Kayachikitsa, CBPACS, New Delhi

Dr. Sakshi Kaushik, SRF (Ayu) - Dr. R.M.L. Hospital, CARI- CCRAS, New Delhi & PhD (Hospital Administration) scholar, DMIHER, Wardha, Maharashtra

Adv Kushika Jha, BA.LLB, Jamnalal Bajaj School of Legal Studies, Banasthali Vidyapith, Rajasthan

Dr. Athira Unni, Senior Project Associate, CSIR-TKDL, New Delhi

ABSTRACT

Ayurveda, originating over 5,000 years ago in the Indian subcontinent, embodies a rich repository of traditional knowledge encompassing herbal remedies, therapeutic practices, and holistic wellness principles. However, as Ayurveda gains global recognition and commercial interest, questions arise regarding the protection, preservation, and ethical utilization of its intellectual property. This article navigates the complex landscape of Ayurvedic IPR, exploring key issues such as cultural appropriation, traditional knowledge protection, and equitable benefit-sharing. It examines the challenges of safeguarding traditional knowledge within modern legal frameworks, considering the tensions between intellectual property laws, cultural heritage preservation, and indigenous rights. Furthermore, the article discusses the implications of commercialization and globalization on Ayurvedic knowledge dissemination, emphasizing the importance of ethical collaboration, cultural sensitivity, and community engagement. Drawing insights from legal scholarship, cultural anthropology, and ethical discourse, this article offers perspectives on fostering responsible innovation, respectful collaboration, and sustainable development within the Ayurvedic ecosystem. It highlights the need for inclusive policies, informed consent mechanisms, and equitable benefit-sharing arrangements to ensure that Ayurvedic knowledge remains accessible, culturally respected, and ethically utilized for the betterment of global health and well-being.

Keywords: Ayurveda, patent, traditional, knowledge, rights