Bridging the Gap: Intellectual Property Rights as a means to Safeguard Traditional Knowledge in Modern Context

  • Tarun Sharma
  • Show Author Details
  • Tarun Sharma

    LL.M. Student at Hidayatullah National Law Univeristy, India

  • img Download Full Paper


This research paper explores the role of intellectual property rights as a mechanism to safeguard traditional knowledge in the context of the modern world. Traditional knowledge, which encompasses the accumulated knowledge, innovations, and practices of indigenous and local communities, is increasingly vulnerable to exploitation and misappropriation. With the rapid advancements in technology and globalization, traditional knowledge faces challenges that require effective legal protection and preservation measures. The paper begins by highlighting the significance of traditional knowledge as a valuable cultural and scientific resource, contributing to sustainable development, biodiversity conservation, and human well-being. However, the lack of proper legal frameworks and recognition poses a threat to the custodians of this knowledge, as their rights are often overlooked or undermined. The study delves into the various approaches taken by national and international legal systems to address the issue of protecting traditional knowledge. It examines the potential of existing IPR regimes, including patents, copyrights, trademarks, and geographical indications, to safeguard traditional knowledge. The paper also discusses the limitations and shortcomings of these frameworks in adequately accommodating the unique characteristics and communal nature of traditional knowledge. By analyzing case studies and relevant legal instruments, the paper aims to offer insights into potential strategies for integrating traditional knowledge into the current intellectual property framework. It highlights the importance of collaborative efforts involving indigenous and local communities, policymakers, researchers, and legal experts to develop comprehensive and context-specific solutions that respect the rights and interests of traditional knowledge holders. Ultimately, this research contributes to the ongoing discourse on the protection of traditional knowledge and offers recommendations for policymakers and stakeholders to bridge the gap between intellectual property rights and the safeguarding of traditional knowledge in a modern context.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 2578 - 2593


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC 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 © IJLMH 2021