Patent Issues and Traditional Knowledge: Special Refrence to Neem, Basmati Rice and Turmeric Case

India is at 12^th position globally in terms of mega Biodiversity.[1] India has a wealth of traditional knowledge on the qualities and uses of these biological treasures because of its unique biodiversity and natural richness, thus making Indian products more valuable than other countries products because Indian products possess Traditional Knowledge. For a sustainable growth Traditional knowledge need to be protected.[2] Traditional knowledge includes knowledge of plants and animals, as well as their qualities, minerals and soils, organic and inorganic combinations, medical knowledge, and folkloric expressions in the form of song, dance, poem, crafts, tale, and art work, are all part of Traditional knowledge. Traditional knowledge protects all intellectual inventions generated by ancestors and gradually developed by successive generations of a traditional civilization in the domains of science, technology, ecology, medicine, agriculture, and biodiversity.[3] The desire for adequate protection of traditional knowledge has grown, whether through the implementation of a traditional IPR system or a modern sui generis system, such as traditional group rights or group land rights in order to prevent or reduce the commercial exploitation of the knowledge system.[4] This paper will explain the concept of traditional knowledge along with how it could be protected under IPR Regime along with few cases.

[1] https://www.omicsonline.org/blog/2015/08/27/19447-Mega-Biodiversity-of-India.html

[2] https://www.cbd.int/undb/media/factsheets/undb-factsheet-tk-en.pdf (Page No.2)

[3] https://www.wipo.int/pressroom/en/briefs/tk_ip.html

[4] https://iptse.com/what-is-traditional-knowledge-and-can-ipr-protect-it/ (Page 1)