Traditional Knowledge and the Need of its Protection in the Conventional Intellectual Property System
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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- [1] WIPO, 'Traditional Knowledge', < https://www.wipo.int > accessed 2nd February, 2022 [2] Indian Council For Research on International Economic Relations, 'Who owns Traditional Knowledge?', <https://wwwicrier.org> accessed 2nd February, 2022 [3] Khurana & Khurana, 'India: Traditional Knowledge and Patents', <https://www.mondaq.com/india/patent/810280/traditional-knowledge-and-patents> accessed 2nd February, 2022 [4]The United Nations Permanent Forum on Indigenous Issues, 'Traditional Knowledge and the UN', <https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2019/04/Traditional-Knowledge-backgrounder-FINAL.pdf> accessed 2nd February, 2022 [5] Ibid. [6] United Nations Economic and Social Council, 'Indigenous People's Traditional Knowledge Must Be Preserved, Valued Globally, Speakers Stress as Permanent Forum Opens Annual Session', <https://www.un.org/press/en/2019/hr5431.doc.htm> accessed 2nd February, 2022 [7] WIPO, 'Traditional Knowledge', <https://www.wipo.int> accessed 2nd February, 2022 [8] WIPO, 'Traditional Knowledge', <https://www.wipo.int> accessed 2nd February, 2022 [9] Bency Baby T and Timmakkondu Narasimman Kuppusami Suriyaprakash, 'Intellectual Property Rights: Bioprospecting, Biopiracy and Protection of Traditional Knowledge - An Indian Perspective, <DOI: 10.5772/intechopen.99596> accessed 2nd February, 2022 [10] WIPO, 'Traditional Knowledge', <https://www.wipo.int > accessed 2nd February, 2022 [11] Rohaini, Rohaini & Ariani, Nenny, 'Positive Protection: Protecting Genetic Resources Related to Traditional Knowledge in Indonesia. FIAT JUSTISIA', 11, <DOI: 10.25041/fiatjustisia.v11no2.985> accessed 2nd February, 2022 [12] Curci J, "Positive Protection of Traditional Knowledge," The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property (Cambridge University Press 2009) [13] Curci J, "The Defensive Protection of Traditional Knowledge in International Patent Law," The Protection of Biodiversity and Traditional Knowledge in International Law of Intellectual Property (Cambridge University Press 2009) [14] Khurana & Khurana, 'India: IPR Vis-à-Vis Traditional Knowledge', <https://www.khuranaandkhurana.com/2018/10/05/ipr-vis-a-vis-traditional-knowledge/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration> accessed 2nd February, 2022 [15] Office of Controller General of Patents, Designs and Trademarks, 'GUIDELINES FOR PROCESSING OF PATENT APPLICATIONS RELATING TO TRADITIONAL KNOWLEDGE AND BIOLOGICAL MATERIAL', <http://www.ipindia.gov.in/writereaddata/Portal/IPOGuidelinesManuals/1_39_1_5-tk-guidelines.pdf>, accessed 2nd February, 2022 [16] The Declaration on the Rights of Indigenous Peoples 2007, Art 31 [17] The Convention on Biological Diversity 1993, Art 8(j) [18] The United Nations Permanent Forum on Indigenous Issues, 'Traditional Knowledge -The United Nations', <https://www.un.org/indigenous> accessed 2nd February, 2022 [19] Supra 14. [20] WHO, 'WHO called to return to the Declaration of Alma-Ata',International Conference on Primary Health Care, <https://www.who.int/teams/social-determinants-of-health/declaration-of-alma-ata> accessed 2nd February, 2022 [21] Article 9 - Farmers' Rights, The International Treaty on Plant Genetic Resources for Food and Agriculture, 2004 [22] United Nations Department of Economic and Social Affairs Social Inclusion, '2019 International Year of Indigenous Languages', <https://www.un.org/development/desa/dspd/2019/01/2019-international-year-of-indigenous-languages/> accessed 2nd February, 2022 [23] United Nations Department of Economic and Social Affairs, 'Special Theme: "Indigenous Peoples' Traditional Knowledge, Generation, Transmission And Protection"', <https://www.un.org/en/desa/special-theme-%E2%80%9Cindigenous-peoples%E2%80%99-traditional-knowledge-generation-transmission> accessed 2nd February, 2022 [24] The Patents Act 1970, s 3(p) [25] The Patents Act 1970, s 25(1)(k) [26] The Patents Act 1970, s 64(2)(b) [27] The Patents Act 1970, s 3(p)