Author: Intern - Mannika Gupta
A Primer to Traditional Knowledge Protection in India: The Road Ahead is a paper published on June 03, 2021 [Chakrabarty, S.P., Kaur, R. A Primer to Traditional Knowledge Protection in India: The Road Ahead. Liverpool Law Rev (2021). https://doi.org/10.1007/s10991-021-09281-4]. The paper aims to facilitate a better understanding of Traditional Knowledge (TK) and the social, economic and cultural benefits India can reap through the incorporation of Traditional Knowledge in the realm of Intellectual Property Rights.
The paper highlights that although India possesses vast traditional/indigenous knowledge, the same has been termed as primitive, backward and unscientific. The reason for this is because of cultural heterogeneity coupled with notions of superiority of modern scientific ideas over indigenous knowledge. This has significantly lessened the bargaining power of traditional communities over the years. The paper points to how unmoderated scientific interventions have caused an imbalance and damage to the environment. To solve this, the paper suggests reintroduction of indigenous agricultural practices and traditional knowledge.
The paper draws attention to biopiracy as a challenge. Biopiracy refers to the appropriation of knowledge and genetic resources of indigenous communities by individuals or institutions that seek exclusive monopoly control (patents or intellectual property) over this knowledge. The problem is compounded by the fact that the majority of this knowledge is practiced within a closely knitted community and thus remains technically unpublished. Through examples of Neem and Rosy periwinkle, the same is explained in the paper.
The paper also features laws and policies protecting traditional knowledge in India. The paper highlights that the introduction of “The Biological Diversity Act, 2002”, the “Protection of Plant Varieties and Farmers’ Rights Act, 2001” and the “Geographical Indications of Goods (Registration and Protection) Act, 1999” accommodated traditional knowledge with IPR and were a step in the right direction. Further, creation of Traditional Knowledge Digital Library where a list of more than thirty thousand codified Traditional Knowledge practices of India is made available has led to a significant decline in biopiracy cases and frivolous filing of patent applications. Similarly, the National Innovation Foundation, established in 2000, engages with knowledge holders in protecting their innovations in accordance with the existing IPR regime.
The paper mentions a new proposed protection parameter known as ‘Tiered and Differentiated’ Approach introduced by an expert committee of the WIPO. Under this framework, various kinds of Traditional Knowledge and Traditional Cultural Expressions (TCE) are delineated, primarily based on their degrees of diffusion of knowledge. This, consequently, tries to identify the extent of exclusive rights that the custodians of such TK and TCEs would be entitled to receive. On the basis of this parameter, the exclusive right may lead to conferring licence on clans or communities to explore such TK.
The paper concludes that efforts must be made at the international level to push WIPO to urgently consider this discourse to protect Traditional Knowledge. The paper also recommends that in the meantime, India should also take further reasonable measures to protect the Traditional Knowledge that the country still possesses.
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