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Research Paper Volume 8 Issue 5 717 - 730 October 2, 2025

Protection of Traditional Knowledge of Indigenous Communities under the Indian Legal Regime: A Socio-Legal Analysis

Lead author · Corresponding
Soma Kisku
Ph.D. Research Scholar at Department of Law, The University of Burdwan, Golapbag Campus, India
Co-author
Dr. Rakesh Mondal
Assistant Professor of Law (Stage II) at Department of Law, The University of Burdwan, Golapbag Campus, India
View PDF Full text DOIhttps://doij.org/10.10000/IJLMH.1110815
Abstract

The protection of Traditional Knowledge (TK) of Indigenous Communities in India is a complex and evolving area of socio-legal concern. Traditional Knowledge encompasses the unique cultural, agricultural, medicinal, and ecological practices developed and preserved by indigenous peoples over generations. Despite its immense value, TK faces significant threats from biopiracy, commercialization, and lack of formal recognition in the intellectual property rights (IPR) regime. This paper critically examines the Indian legal framework aimed at protecting Traditional Knowledge, focusing on key statutes such as the Biological Diversity Act, 2002, and the Protection of Plant Varieties and Farmers' Rights Act, 2001, alongside the establishment of the Traditional Knowledge Digital Library (TKDL). Through a socio-legal lens, the study analyzes how these legal instruments address the challenges of misappropriation, access, benefit-sharing, and community participation, while also highlighting gaps in implementation, enforcement, and awareness. The research emphasizes the need for a balanced approach that integrates customary practices with formal legal mechanisms, ensuring sustainable protection of TK while empowering indigenous communities. Ultimately, this study argues that effective protection of Traditional Knowledge requires comprehensive policy reform, community engagement, and stronger international cooperation to safeguard the cultural heritage and economic rights of indigenous peoples.

Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 8, Issue 5, Page 717 - 730
DOI: https://doij.org/10.10000/IJLMH.1110815
Creative Commons
CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2026
Disclaimer
The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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