Published September 30, 2022 | Version v1

Traditional Knowledge and the Need of its Protection in the Conventional Intellectual Property System

Authors/Creators

  • 1. NERIM Law College, NERIM Group of Institutions, Guwahati

Description

“Traditional Knowledge” refers to the sum totals of all inventions, developments and innovations that took place over time and were passed down from generations to generations as conventional knowledge. These knowledge of particular communities have established a cultural attachment as a result of being passed down through generations leading to communal ownership of the particular collection of knowledge. It is undoubtedly evident from the recent trends in the area of science and technology that many of these knowledge practices have been the foundation for new inventions. Innovations based on TK benefits the various intellectual properties from patent to trademark, and geographical indication. Indigenous people’s identities, cultural heritage and livelihoods are all based on TK. The indigenous people and local communities being the guardians and original owners of traditional knowledge thereby seek intellectual property protection as intangible assets. However, it is disheartening to note that TK having ancient roots is not protected by conventional intellectual property systems. This article highlights the inadequacy of protection mechanisms for TK as well as the importance and need of protection of TK as Intellectual Property which is the need of the hour in the present-day setting.

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