REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT

AUTHOR – AABHA SHARMA, STUDENT AT FACULTY OF LAW, DELHI UNIVERSITY

BEST CITATION – AABHA SHARMA, REVITALIZING ROOTS: PROTECTING TRADITIONAL KNOWLEDGE & LEVERAGING IPR FOR SUSTAINABLE DEVELOPMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (3) OF 2024, PG. 178-183, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper examines the significance of traditional knowledge (TK) in India. Traditional knowledge encompasses the collective wisdom, practices, and innovations developed over generations, closely tied to cultural identity and ecological stewardship. India’s diverse ecosystems and cultural richness present a vast reservoir of Traditional Knowledge, with critical applications in agriculture, medicine, artisanal crafts, and cultural expressions. However, this invaluable heritage faces numerous challenges, including biopiracy, loss of biodiversity, cultural erosion, and inadequate legal protections. Efforts by the World Intellectual Property Organization (WIPO) and other international frameworks aim to safeguard Traditional Knowledge, emphasizing the need for both defensive and positive protection strategies. Recent developments, such as the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge, seek to enhance legal clarity and community rights. Despite these advancements, criticisms highlight the treaty’s limitations, including its lack of enforcement mechanisms and a generalized approach that may not cater to the diverse needs of various indigenous groups. This paper also explores the crucial role of NGOs and grassroots initiatives in documenting traditional practices, building community capacities, and advocating for policy reforms. Ultimately, preserving traditional knowledge is vital for maintaining cultural heritage and promoting sustainable development in the face of modernization and globalization. The paper concludes that prioritizing the protection of traditional knowledge is essential for safeguarding cultural identity and enhancing ecological resilience in India.