Traditional Knowledge And IPR: “A Sui Generis System Of IP Protection For Traditional Knowledge In India” - The ‘Need Of The Hour’
Shubhi Agrawal, Jindal Global Law School, Haryana
Amisha Mittal, Jindal Global Law School, Haryana
ABSTRACT
This paper explores the significance of traditional knowledge (TK) held by indigenous and local communities, its relevance in today's society, and the challenges in protecting it. The transition towards a more technological society has led to the displacement of ancient knowledge and practices, prompting the need to acknowledge and preserve TK. The scope of TK is broad and encompasses various forms of knowledge, such as art, medicine, biodiversity, and plant varieties, which have been passed down through generations. Despite its valuable contributions to critical sectors like food security and economic growth, TK faces challenges in terms of protection. Different mechanisms for protecting TK are discussed, including positive protection and defensive mechanisms. The positive protection approach involves adopting laws, regulations, and measures for access and benefit sharing. Defensive mechanisms aim to prevent the appropriation of intellectual property rights over TK. The paper examines India's Traditional Knowledge Digital Library (TKDL) as an example of a defensive mechanism. Furthermore, the paper explores the international regime concerning TK and intellectual property rights, highlighting the involvement of organizations such as WIPO, CBD, FAO, and WTO. It discusses the challenges in defining TK and the ongoing efforts to develop international legal instruments for its protection. The adequacy of intellectual property protection to safeguard TK in India is analysed, with a focus on existing IP laws and provisions. The need for a sui generis system, specifically tailored to protect TK, is emphasized. Sui generis instruments aim to establish a legal framework for TK protection, defend the rights of indigenous groups, prevent misuse, and regulate access and benefit sharing.
Keywords: Traditional and Indigenous Knowledge (TK); Sui generis protection; Access to Knowledge; cultural preservation.
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