Concept of Traditional Knowledge in the Protection of Traditional Knowledge Bill 2022: A Comparative Analysis

  • Dr. Nandita S. Patil
  • Show Author Details
  • Dr. Nandita S. Patil

    Associate Professor at Department of P. G. Studies in Law Dr. Babasaheb Ambedkar Marathwada University, Aurangabad, India

  • img Download Full Paper

Abstract

At international level there is no consensus on the definition of Traditional Knowledge. At the national level different countries have protected traditional knowledge in their IP law or through sui generis system. This article examine briefly the definition of traditional knowledge in relation to the Protection of Traditional Knowledge Bill 2022 in comparison with the similar concept in a few select countries in the world. India’s Protection of Traditional Knowledge Bill 2022 provides an inclusive definition of traditional knowledge. The definition includes knowledge and expression of culture subsisting in various forms carried on for at least three generations. Traditional knowledge and traditional cultural expressions are two different concepts but are included in the definition, it mentions about medicinal preparations thereby restricting the other fields. The definition of traditional knowledge given by WIPO’s IGC, Zambia’s law and Kenya’s law contains uniformity and hence compared with the definition under Protection of Traditional Knowledge Bill 2022.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1115 - 1124

DOI: https://doij.org/10.10000/IJLMH.119157

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) (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 2021