A Primer to Traditional Knowledge Protection in India: The Road Ahead
Authors
Shambhu Chakrabarty
The Centre for Regulatory Studies, Governance and Public Policy, The West Bengal National University of Juridical Sciences, Kolkata, West Bengal India
Ravneet Kaur
National Law School of India University, Bangaluru, India
Keywords:
Traditional knowledge, Climate change, Nagoya protocol, TK and IPR, Biopiracy, TKDL and NIF, Tiered or diffused concept
Abstract
As India moves ahead in the twenty-first century to be a global player, it must take a balanced and inclusive approach. Marginalized and vulnerable tribal communities make approximately 10% of the massive population, playing a dynamic role in this regard. Their ancestral knowledge can be explored to inculcate the ethos in multiple disciplines. This would most certainly bring the much-needed balance in achieving the United Nations Sustainable Development Goals. Where the world is fast losing its natural resources, promoting traditional knowledge (TK) could become an initiative for its reconstruction in post-COVID 19 scenarios. Apart from reinstating the rights of these indigenous communities, this step would also facilitate the economic benefit of the country through the incorporation of TK in the realm of Intellectual Property. This would be a masterstroke for India to lead the Global South. This would also bring in a balance with the Global North, where significant developments have already taken place, in this regard. TK per se should not necessarily be protectable unless based on scientific evidence.
Keywords: Traditional knowledge, Climate change, Nagoya protocol, TK and IPR, Biopiracy, TKDL and NIF, Tiered or diffused concept
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