Protection of Traditional Knowledge in India: Is It Daydream?

  • Sasikumar C. and Dr. P.R.L. Rajavenkatesan
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  • Sasikumar C.

    Research Scholar (Internal Full Time) at VIT School of Law, Vellore Institute of Technology, Chennai, India

  • Dr. P.R.L. Rajavenkatesan

    Professor at VIT School of Law, Vellore Institute of Technology, Chennai, India

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Abstract

India being a diverse country which covers rich sources of traditional knowledge (TK). TK is the major part and parcel in our Indian culture. India has tied up with international forum and agreements to protection of TK, like World Intellectual Property Organization (WIPO), Convention on Biological Diversity (CBD). India has been strengthening and safeguarding of TK. The Biological Diversity Act, 2002 and the Traditional Knowledge Digital Library (TKDL) are remarkable initiatives. There are legislations which either directly or indirectly protect the TK such as The Patents Act,1970 Geographical Indications of Goods (Registration and Protection) Act,1999 Protection of Plant Varieties and Farmers Rights Act, 2000 , Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,2006. It is necessary to boost the indigenous and local communities (ILCs) for protection of TK. To address the issue of effective protection of TK is important to have multifaceted strategy which covers socio, cultural, technological, and legal aspects. This paper analyses the protection of TK in India and need for sui generis legislation for the conservation of the same.

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International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 01 - 08

DOI: https://doij.org/10.10000/IJLMH.118438

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