Critical analysis of the protection of Traditional Knowledge Bill, 2022

Abstract

AbstractThe need for protecting traditional knowledge (TK) has been long established, and as a result, international negotiations are being conducted to protect TK internationally. Many international authorities appreciate India's efforts to create unique ways to protect TK. For instance, India was the first nation to set up Traditional Knowledge Digital Library, which helps scrutinise Patent applications on TK. Recently, Dr Shashi Tharror MP brought a private bill titled ‘Protection of TK’. Even though it's a bill, it still needs to be analysed because it serves as a reference point while formulating legislation by the union government or any state government. Hence, the paper aims to critically analyse the bill to point out its shortcomings of the bill. The bill gives TK holders hope since it asserts that it will protect TK from misappropriation. This bill can aid in commercialising TK. However, it is doubtful that the TK holders would gain from such commercialisation as specific provisions in the bill tend to favour outsiders more than the tribal or indigenous communities. It is identified that many crucial concepts about TK, such as ‘dynamic or changing’ or ‘traditional context’, which are necessary for stakeholders, authorities, and the judiciary to properly appreciate the nature of TK, have gone undefined. Also, it begs the question of why such a significant, essential component of TK is missing when the word ‘community’ is excluded from the definition of the term "knowledge society." In essence, it is possible to argue that the bill has been inadequately written without enough weight on the philosophy of TK and its jurisprudential comprehension.