Aman Kumar, LL.M, (Corporate And Commercial Law), Chanakya National Law University
ABSTRACT
Traditional Knowledge is a body of knowledge, pertaining to innovations and practices of a group of local people, extracted and developed through their close contact with nature for generations, which is later shared with the successive generations.1 Traditional knowledge is integral to the identity of most local communities. It is a key constituent of a community’s social and physical environment and, as such, its preservation is of paramount importance.
The preservation, protection and promotion of the Traditional Knowledge based innovations and practices of local communities are particularly important for developing countries. Their rich endowment of Traditional Knowledge and biodiversity plays a critical role in their health care, food security, culture, religion, identity, environment, trade and development. Yet, this valuable asset is under threat in many parts of the world including India.
There are concerns that Western Science has become more interested in the traditional knowledge and the knowledge is being used and patented by third parties or the Western Science without the prior informed consent of Traditional Knowledge holders. It has generally been regarded as information in the ‘public domain’ i.e. freely available for use by anybody, under the western Intellectual Property laws. Most of the Traditional Knowledge of the world is undocumented. In any case, ancient documents were not prepared to withstand the critical examination or observation of modern day patent provisions.
In particular one of the concern for India is that the process of globalization is threatening the appropriation of elements of collective Traditional Knowledge of the societies into proprietary knowledge for the commercial profit of a few. Such concerns have pushed Traditional Knowledge to the forefront of the international agenda, triggering lively debate about ways to preserve, protect, further develop and sustainably use Traditional Knowledge.
Several proposals have been made within and outside Intellectual property right to protect Traditional knowledge. The purpose of Protection of Traditional Knowledge or Indigenous Knowledge through intellectual policy is to argue for the protection of such knowledge using the present system of Intellectual Property as till date the Intellectual Property has not been used to protect Traditional Knowledge but has provided an inn which in fact been used to usurp Traditional Knowledge, without any benefit to the knowledge holder.
Thus this research paper discusses the need for protecting Traditional Knowledge and why India needs a unique legislation on it and also include suggestions which could be helpful for the protection of Traditional Knowledge.
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