Published May 10, 2018 | Version v1
Journal article Open

INTELLECTUAL PROPERTY RIGHTS AND TRADITIONAL KNOWLEDGE HOLDERS: RELEVANT CASE STUDIES.

  • 1. Assistant Professor, Kashmir Tibbia college, Hospital & Research Centre Taleemabad Shilvath Sonawari, Bandipora-193501 J&K, India.
  • 2. Ph. D Scholar, Department of Pharmaceutical Sciences, School of Applied Sciences and Technology, University of Kashmir, Hazratbal, Srinagar-190006, J&K, India.

Description

Intellectual property is a branch of law which protects some of the finer manifestations of human achievements that are of commercial value. Traditional Knowledge (TK), interchangeably used as indigenous knowledge (TK)/ local knowledge generally refer to the matured long-standing traditions and practices of certain regional, indigenous, or local communities that is important in protection, conservation and sustainable use of biodiversity and various traditions. Traditional knowledge and its relationship to the formalIPR system has emerged as a mainstream issue in international negotiations on the conservation ofbiological diversity, international trade, and intellectual property rights including the TRIPSAgreement. This paper briefly presents the various case laws laid down by the international courts as well as in India, in its proper perspective to accord legal protection to Traditional Knowledge.

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