Safeguarding Traditional Knowledge Within The Existing Intellectual Property Rights Framework

Safeguarding Traditional Knowledge Within The Existing Intellectual Property Rights Framework: An Overview

Saumya Verma, Rajiv Gandhi National University of Law, Punjab

ABSTRACT

Article8(j)ofthe ConventiononBiologicalDiversityputsforththattraditional knowledge refers to the awareness, inventions, and traditions of local and indigenous cultures worldwide. Traditional knowledge, acquired from experience gained over the centuries and adapted to the local culture and environment, is transmitted orally from generation to generation. It is often referred to as an oral tradition because it is taught, sung, danced, drawn, sculpted, sung, and performed for thousands of years. Indigenous Communities everywhere in India have developed knowledge and skills to derive sustainable livelihoods from biodiversity. Traditional knowledge associated with biological resources is the knowledge about a country’s biodiversity, an intangible component of the resource itself. The informal knowledge which the several communities in India dwelling in forests and pursuing agricultural practices possess is the basis for sustainable use and conservation of ecology and environment. There are evidences which shows that traditional knowledge is a boon in enhancing agricultural biodiversity and environment. Not only in agricultural sector but in pharmaceuticals, culture and expression, food cuisines etc. also the traditional knowledge of our indigenous people has contributed. The protection of traditional knowledge is important for communities in all countries for its spiritual, cultural, and economic values particularly in developing countries like India. The present paper focuses on protection for which traditional knowledge of indigenous people is eligible in current IPR regime. It argues that in the current IPR regime the traditional knowledge is prone to biopiracy. The study reveals the inadequacy of the laws in protection of traditional knowledge. It delves into the overview to Traditional knowledge. It presents an analysis of issues with the protection of traditional knowledge with respect to current IPR regime. It provides for a detailed analysis of the international and national legal framework for the protection of traditional knowledge. It discusses about incidents of biopiracy and its impact on the rights of indigenous communities which have contributed towards development of Indian traditional knowledge. It also presents the conflict situation between TRIPS and CBD.

Keywords: Traditional Knowledge, IPR, TRIPS, CBD, Biopiracy.