1 | P a g e Compiled By Davaar msa

Traditional knowledge

Knowledge base which is developed by indigenous, local or native community has

been preserved and passed on to generations, so much so, that it becomes the

identity of such community. Traditional knowledge can be found in variety of

concepts such as calculation of time, food article, plant properties, spice uses, yoga

practices etc. The most essential factor of Traditional Knowledge is that it

has ancient roots and it is often oral.

The most difficult aspect of traditional knowledge is in its protection. There has been a

lot of debate to protect traditional knowledge under IP regime but that in itself faces

a lot of challenges such as; a) under which IP under which traditional knowledge can

be protected, b) since every IP protection is provided for a limited period of time

then how will traditional knowledge have a continuous protection. Protection of

traditional knowledge is rooted in the problem of Bio-piracy. Bio-piracy occurs when

there is commercial utilization of traditional knowledge without proper

authorization of the indigenous or local people associated with such knowledge.

There are methods through which TK can be protected: a) Positive Protection, and b)

Defensive Mechanism. Positive protection means protecting TK by way of enacting

laws, rules and regulations, access and benefit sharing provisions, royalties etc.

Defensive Mechanism means steps taken to prevent acquisition of intellectual

property rights over traditional knowledge.

Unlike other categories of intellectual property rights, India has no substantive act or

law to protect traditional knowledge but other IP acts contain provisions with

respect to traditional knowledge such as the Patents Act, 1970, Section 25 and

Section 64, gives one of the grounds for revocation of a patent application on the

basis of traditional knowledge. Under the Copyright Act, 1957, has not specific

mention of protecting traditional cultural, literary or artistic work or folklore but

Section 31A provides for protection of unpublished Indian work, nonetheless

to be fulfilled, therefore under this IP as well protection of traditional knowledge

doesn't have much scope.

IPR Traditional Knowledge

Semester 3&4 (Llb3&4)