SAFEGUARDING TRADITIONAL KNOWLWDGE: HARMONIZING LEGAL FRAMEWORK

AUTHOR – ROSEMARIA JOHNSON, LLM SCHOLAR AT INTELLECTUAL PROPERTY LAW, CHRIST UNIVERSITY, BANGALORE
BEST CITATION – ROSEMARIA JOHNSON, SAFEGUARDING TRADITIONAL KNOWLWDGE: HARMONIZING LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 232-242, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

Traditional Knowledge (TK), an intellectual heritage preserved and developed by local and traditional communities across generations, has emerged as a critical global concern. While historically confined within community practices, TK’s significance gained international attention following the TRIPs Agreement and increased commercialization, particularly regarding its connection to genetic resources. The past two decades have witnessed multinational corporations extensively exploiting TK for developing plant-based medicines, health products, and cosmetics. Critics argue that the current intellectual property framework has inadvertently facilitated bio-piracy, prompting developing nations and traditional communities to voice concerns about TK misappropriation globally.

TK protection encompasses both legal and ethical dimensions. Its holistic nature is intrinsically linked to community holders, representing their collective intellectual efforts, emotional bonds, and customary heritage. Though rooted in historical practices, TK continues to evolve with novel aspects. Given its substantial economic, cultural, and spiritual value, a comprehensive protection regime is essential to prevent illegal misappropriation and safeguard community interests.Various protective approaches have been proposed: integrating TK within existing TRIPs-compliant IP frameworks, modifying non-IP biodiversity conservation laws, or developing a sui-generis system that combines contemporary IP and non-IP elements while acknowledging customary rules.

India has taken a proactive stance in TRIPs-CBD negotiations, implementing both legislative and non-legislative measures to combat biopiracy. While these efforts, including the Indian Biological Diversity Act, 2002, have shown effectiveness, they primarily serve as defensive mechanisms without conferring specific rights to knowledge holders. This research evaluates the adequacy of India’s current TK protection measures and proposes a tailored sui-generis model for comprehensive TK protection in India.

Keywords: Traditional Knowledge Protection, Biopiracy Prevention, Sui-generis Regime, Intellectual Property Rights, Indigenous Community Rights