IPR IN TRADITIONAL KNOWLEDGE PROTECTION- NEED, LAWS AND GLOBAL PERSPECTIVE

law

Traditional knowledge (TK) is an invaluable asset passed down through generations, contributing to the cultural, social, and economic development of indigenous and local communities worldwide. However, the misappropriation and exploitation of TK, known as biopiracy, pose significant threats to these communities and their heritage. This paper explores the role of intellectual property rights (IPRs) in protecting TK, both at the national and international levels, with a focus on India. Highlighting the importance of TK, the paper discusses the implications of biopiracy and the challenges faced by indigenous peoples in safeguarding their knowledge from exploitation. It examines various cases of biopiracy, such as the Neem, Turmeric, and Basmati rice cases, which underscore the urgent need for robust legal mechanisms to protect TK. The study aims to critically analyze existing national and international legislation related to TK protection, identifying weaknesses and gaps in global regulations. Through a comprehensive examination of biopiracy incidents and disputes, the paper underscores the necessity of proactive measures to safeguard TK and the rights of indigenous communities. Ultimately, the research seeks to raise awareness about the significance of TK and advocate for the implementation of effective legal frameworks to prevent biopiracy and ensure equitable benefit-sharing for indigenous and local communities.

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