A COMPREHENSIVE ANALYSIS ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON THE PRESERVATION AND COMMERCIALIZATION OF TRADITIONAL KNOWLEDGE AMONG INDIGENOUS COMMUNITIES

AUTHORS – YESHWANTH SHARMA P & TRIVENI T, STUDENTS AT SASTRA DEEMED UNIVERSITY

BEST CITATION – YESHWANTH SHARMA P & TRIVENI T, A COMPREHENSIVE ANALYSIS ON THE ROLE OF INTELLECTUAL PROPERTY RIGHTS ON THE PRESERVATION AND COMMERCIALIZATION OF TRADITIONAL KNOWLEDGE AMONG INDIGENOUS COMMUNITIES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 635-643, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT:

Traditional knowledge encompasses the knowledge, inventions, and customs of indigenous and local groups across the world. Traditional knowledge is passed down orally from generation to generation, having evolved from decades of experience and being adapted to the particular culture and environment. This study looks critically at the role of Intellectual Property Rights (IPR) in the preservation and commercialization of traditional knowledge (TK) among indigenous people. While IPR frameworks like patents, trademarks, and geographical indications are intended to protect innovations and creative expressions, their application to traditional knowledge creates difficult concerns about ownership, benefit-sharing, and cultural preservation. This study investigates how intellectual property rights (IPR) systems may either empower indigenous people by providing legal protection and economic opportunity or harm their cultural legacy by commodifying traditional knowledge and encouraging misuse. This research examines the efficiency of IPR in conserving TK and the extent to which these rights match with indigenous peoples’ beliefs and traditions using a review of existing literature, case studies, and legal analyses. It also investigates the difficulties indigenous groups confront while navigating the official IPR system, such as concerns of permission, collective ownership, and access to legal resources. Furthermore, the study investigates alternate models, such as sui generis systems and community protocols, to better accommodate the unique character of TK and encourage fair benefit-sharing. In India, for instance initiatives to conserve traditional medical knowledge through sui generis institutions and benefit-sharing agreements have been undertaken. However, obstacles persist in ensuring effective stakeholder engagement and fair commercialization.

The findings of this study suggest the need for a more nuanced approach to intellectual property rights that takes into account the cultural and social dimensions of traditional knowledge. It advocates for the creation of legal frameworks that are both protective and inclusive of indigenous viewpoints and rights.

Keywords: Intellectual Property Rights, Traditional Knowledge, Traditional Cultural Expressions, Indigenous Communities, Cultural Heritage, Collective ownership.