Journal of Intellectual Property Rights

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Is Traditional Knowledge Digital Library A Success?


Affiliations
1 NALSAR University of Law, Justice City, Shamirpet, Hyderabad, Telangana – 500 101, India
 

This paper aims to analyze the performance of Traditional Knowledge Digital Library (TKDL) in the protection of traditional knowledge and the interests of the indigenous people. The core of the paper is to analyze the various problems which are associated with TKDL. These problems are divided into five broad groups, these groups are Problem of treating traditional knowledge as property, Substantive Legal Problems, Procedural Problems, Problem of the Closed Access Model and lastly the Economic problems. Of all these problems the first one is against the idea of TKDL itself while the others are trying to find fault with the structure and working of TKDL. After analyzing all these problems the conclusions which emerge are that there is a need to find a balance between utilization of resources for the protection of the rights of the traditional communities so that they are empowered to ensure that their knowledge is not abused and utilization of resources for a TKDL because this database will play an important role in protection of the rights of the traditional communities once it shortcomings have been overcome.

Keywords

Traditional Knowledge Digital Library, Council of Scientific and Industrial Research, World Intellectual Property Organization, International Patent Classification, United States Patent and Trademark Office, Traditional Knowledge Resource Classification, Traditional Knowledge Classification Taskforce, Tkdl Access Agreement, Patent, Biopiracy.
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  • Is Traditional Knowledge Digital Library A Success?

Abstract Views: 251  |  PDF Views: 153

Authors

Ananye Krishna
NALSAR University of Law, Justice City, Shamirpet, Hyderabad, Telangana – 500 101, India

Abstract


This paper aims to analyze the performance of Traditional Knowledge Digital Library (TKDL) in the protection of traditional knowledge and the interests of the indigenous people. The core of the paper is to analyze the various problems which are associated with TKDL. These problems are divided into five broad groups, these groups are Problem of treating traditional knowledge as property, Substantive Legal Problems, Procedural Problems, Problem of the Closed Access Model and lastly the Economic problems. Of all these problems the first one is against the idea of TKDL itself while the others are trying to find fault with the structure and working of TKDL. After analyzing all these problems the conclusions which emerge are that there is a need to find a balance between utilization of resources for the protection of the rights of the traditional communities so that they are empowered to ensure that their knowledge is not abused and utilization of resources for a TKDL because this database will play an important role in protection of the rights of the traditional communities once it shortcomings have been overcome.

Keywords


Traditional Knowledge Digital Library, Council of Scientific and Industrial Research, World Intellectual Property Organization, International Patent Classification, United States Patent and Trademark Office, Traditional Knowledge Resource Classification, Traditional Knowledge Classification Taskforce, Tkdl Access Agreement, Patent, Biopiracy.

References