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

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.