Protection of Traditional Knowledge: International and National Initiatives and Possible Ways Ahead

Abstract

Traditional Knowledge (TK) is a cumulative body of knowledge which is handed down through generations through cultural transmission. Modern manufacturing industries are now commercially exploiting TK, without even sharing the benefit accrued from it with the indigenous communities.. This paper shall analyse the need for protection of TK and how commercial exploitation of TK is affecting indigenous communities and aims to find out why current IP systems cannot be invoked for the prevention of indigenous knowledge, the measures taken in the international scenario for protection of traditional knowledge like Convention on Biological Diversity, Provisions of TRIPS agreement; UN Declaration on Rights of indigenous persons also finds their place in this literature. Besides this paper will analyse how Biodiversity Act, protection of plant varieties and farmers right act, 2001 and patent amendment Act 2005 will help in protection of rights of indigenous communities. Another focus point of this paper is regarding the future of TK protection. In this area author attempt to look into the proposals laid by developing countries and various Jurists like concept of defensive publication with special reference to Traditional Knowledge Digital Library (TKDL), Disclosure of Origin, Benefit sharing with indigenous communities for use of TK, etc. The author shall try to make a conclusion to the paper by emphasizing on the need for development of a system which provides for industrial development without compromising with the rights of indigenous communities.