Author: Bhavya
The Government of Kerala has released the Draft Intellectual Property Rights (IPR) and Traditional Knowledge (TK) Policy of Kerala 2025 (“2025 Policy”), which seeks to reform the State’s Intellectual Property (IP) governance after 17 years. It modifies the 2008 policy framework by proposing key initiatives like “Mission IPR,” the establishment of an IPR Academy, and stronger measures for the protection and management of traditional knowledge.
A key objective of the 2025 Policy is to integrate IPR education across all levels of Kerala’s academic system, from schools to higher education, to raise awareness and promote careers in IPR. It proposes making IPR a mandatory subject and setting up a statutory IPR Academy for specialized training and awareness programs, including targeted training for police personnel. The policy mandates all research and educational institutions to establish IPR Cells and IP Management Committees. IPR Cells will promote a culture of creativity and guide on IP protection within institutions, while IP Management Committees will oversee the administration, licensing, and commercialization of IP assets. The policy ensures public institutions retain IP rights in externally funded research unless higher compensation is negotiated, with flexibility for centrally funded projects.
Complementing these initiatives is “Mission IPR,” an administrative mechanism providing technical, procedural, and non-financial support for promoting innovation, timely IP protection, and assistance with filings and litigation. It will also create databases to prevent misappropriation and conduct regular training programs to educate stakeholders on IPR laws and issues.
For Kerala’s Geographical Indications (GIs), the 2025 Policy aims to enhance their market impact and benefit producers by evaluating the socio-economic effects of GIs. It seeks to position GI products as premium goods with luxury appeal, ensuring they achieve positive price elasticity and better livelihoods for producers.
Another core aspect is the protection of TK, which is at risk of misappropriation in the era of globalization. Building on the success of the Traditional Knowledge Digital Library (TKDL), the policy proposes the creation of a Traditional Knowledge Docketing System (TKDS), to document community-owned TK while respecting privacy and community rights. It also encourages the formation of Knowledge Societies or Trusts by TK holders to protect, research, and commercialize their knowledge, ensuring fair benefit sharing. Recognizing the limitations of traditional IPR for TK, the policy recommends a sui generis legal framework and the creation of the Kerala Traditional Knowledge Authority (KTKA) to oversee custodianship and legal action against misappropriation.
The 2008 policy primarily focused on preserving TK through community-based governance and awareness, emphasizing non-commercial use, and resisting commodification. Marking progression from the 2008 policy, the 2025 policy promotes a multifaceted approach with an emphasis on commercialization, innovation, and education in formal IPR systems, while still supporting community empowerment through tools like TKDS. The draft emphasizes upon integrating IPR education at all academic levels, fortifying geographical indication systems, while safeguarding Kerala’s rich traditional and indigenous knowledge base.
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