Traditional knowledge
Much more than what meets the eyes
Keywords:
Intellectual Property, Traditional Knowledge, Bio piracy, PatentsAbstract
Traditional Knowledge (TK) as the name suggests refers to the long-standing traditions and various practices of the indigenous communities. Traditional knowledge embodies culture and the knowledge of the community which is passed (mostly orally) from one generation to another. Traditional knowledge is not static; it evolves with these communities. India is a store house of abundant knowledge about the traditional value of forest products. Because of factors like loss of habitat, environmental degradation coupled with unendurable ways of cultivation and harvesting, it is estimated that around 12 % of 6000 species of potential medicinal plants is under threat. The various suggestions that have been forwarded in India to protect traditional knowledge are documentation of traditional knowledge, innovative patent system and a sui generis system of protecting traditional knowledge. It is also hinted that documentation of traditional knowledge can help combat bio piracy. If traditional knowledge is documented, then information of art of inventions based on such knowledge will be available to patent examiners all over the world. Not only this, through documentation it is possible to trace the local communities with whom there can be a benefit sharing from exploitation of such traditional knowledge.
Downloads
References
Sagar Kishor Savale& Varsha Kishor Savale, Intellectual Property Rights, 5 World Journals of Pharmacy and Pharmaceutical Sciences, 2529, 2530 (2016).
WTO | intellectual property (TRIPS), What are Intellectual Property Rights?WORLD TRADE ORGANISATION (Jan. 10, 2022, at 7:15 PM), https://www.wto.org/english/tratop_e/trips_e/intel1_e.html.
Convention on Biological Diversity, Traditional Knowledge and the Convention on Biological Diversity, CBT, (Jan. 12, 2022, at 8:20 PM), https://www.cbd.int/traditional/intro.shtml.
MARGARET BRUCHAC, INDIGENOUS KNOWLEDGE, AND TRADITIONAL KNOWLEDGE, IN SMITH, C. (ED.), ENCYCLOPEDIA OF GLOBAL ARCHAEOLOGY, 3815, 2014.
PETER DRAHOS, TOWARDS AN INTERNATIONAL FRAMEWORK FOR THE PROTECTION OF TRADITIONAL GROUP KNOWLEDGE AND PRACTICE, pp.1-43 at p.6
Lily Martinet, Traditional Cultural Expressions, and International Intellectual Property Law, 47 INTERNATIONAL JOURNAL OF LEGAL INFORMATION, 6, 9 (2019).
WIPO, Traditional Knowledge, World Intellectual Property Organization, (Jan. 19, 2022, at 5:16 PM), https://www.wipo.int/tk/en/tk/.
Graham Dutfield, Harnessing Traditional knowledge and Genetic Resources for Local Development and Trade, Draft Paper presented at- International Seminar on Intellectual Property and Development (2004).
FulvioMazzocchi, Western Science and Traditional Knowledge: Despite Their Variations, Different Forms of Knowledge can Learn from Each Other, 7(5) EMBO Rep., 463, 464 (2006).
Ryan Abbott, Documenting Traditional Medical Knowledge, WORLD INTELLECTUAL PROPERTY ORGANIZATION (March 2014), (Jan. 21, 2022, at 7:49 PM), https://ssrn.com/abstract=2406649.
George Nicholas, How Western Science is Finally Catching Up to Indigenous Knowledge, MACLEAN’S, (Jan. 24, 2022, at 6:15 PM), https://www.macleans.ca/society/how-western-science-is-finally-catching-up-to-indigenous-knowledge/.
Poonam Mahendra&ShradhaBisht, Ferula asafoetida: Traditional uses and Pharmacological Activity, 6 PHARMACOGNOSY REVIEWS, 141, 142 (2012).
Mohan Dewan, The Realities of Traditional Knowledge and Patents in India, Intellectual Property Watch, (Jan. 24, 2022, at 8:15PM), https://www.ip-watch.org/2010/09/27/the-realities-of-traditional-knowledge-and-patents/.
Ishita Chatterjee, Intellectual Property Rights and Traditional knowledge- Indian Perspective, Manu Patra.
Devika Sharma, Intellectual Property Rights and Protection of Traditional Knowledge: A General Indian Perspective, SCC Online, (Jan. 29, 2022, at 6:15 PM), https://www.scconline.com/blog/post/2020/06/22/intellectual-property-rights-and-protection-of-traditional-knowledge-a-general-indian-perspective/.
Reports by National Knowledge Commission (2018), (Jan. 28, 2022 at 5:45 PM), https://www.india.gov.in/reports-national-knowledge-commission.
Shambhu Prasad Chakrabarty&Ravneet Kaur, A Primer to Traditional Knowledge Protection in India: The Road Ahead, 42 LIVERPOOL LAW REVIEW, 401, 418 (2021).
Will Holland, Biopiracy: The Misuse Of Patenting Systems At The Disadvantage Of Local Communities, CABI (Jan. 28, 2022, at 816 PM), https://blog.plantwise.org/2019/03/21/biopiracy-the-misuse-of-patenting-systems-at-the-disadvantage-of-less-affluent-communities.
Janna Rose, Biopiracy: When Indigenous Knowledge is Patented for Profit, The Conversation, (Jan. 28, 2022, at 6:15 PM), https://theconversation.com/biopiracy-when-indigenous-knowledge-is-patented-for-profit-55589.
K. Souravi& P. Rahul, Intellectual Property Rights and Threatened Medicinal Plants the Scenario, In Conservation and utilization of threatened medicinal plants, ed. P.E. Rajasekharan and Shabir Hussain Wani. Berlin: Springer, p. 489.
WIPO, Protecting India’s Traditional Knowledge (2011), WORLD INTELLECTUAL PROPERTY ORGANIZATION, (Jan. 29, 2022, at 4:15 PM), https://www.wipo.int/wipo_magazine/en/2011/03/article_0002.html
Regina Austin, A nation of thieves: Securing Black people’s right to shop and to sell in White America, 1 UTAH LAW REVIEW, 145, 147 (1994).
Christoph Antons, The role of traditional knowledge and access to genetic resources in biodiversity conservation in Southeast Asia, 19(4) Biodiversity and Conservation, 1189, 1204 (2010).
Stuart Banner, How the Indians Lost Their Land: Law and Power onthe Frontier, CAMBRIDGE: HARVARD UNIVERSITY PRESS.
Published
How to Cite
Issue
Section
Copyright (c) 2022 International journal of health sciences

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Articles published in the International Journal of Health Sciences (IJHS) are available under Creative Commons Attribution Non-Commercial No Derivatives Licence (CC BY-NC-ND 4.0). Authors retain copyright in their work and grant IJHS right of first publication under CC BY-NC-ND 4.0. Users have the right to read, download, copy, distribute, print, search, or link to the full texts of articles in this journal, and to use them for any other lawful purpose.
Articles published in IJHS can be copied, communicated and shared in their published form for non-commercial purposes provided full attribution is given to the author and the journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
This copyright notice applies to articles published in IJHS volumes 4 onwards. Please read about the copyright notices for previous volumes under Journal History.








