Journal of Intellectual Property Rights

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Easily Accessible Treasure Susceptible to Misappropriation: A Discourse on Traditional Knowledge


Affiliations
1 Department of Law, Science & Technology, School of Law, UPES, Dehradun-248 001, Uttarakhand, India
 

The paper deliberates upon the importance and misappropriation of traditional knowledge discussing few instances followed by a debate on the approach of developing and developed nations towards its protection. It further examines the interface between Intellectual property rights and traditional knowledge and the role played by intellectual property principles in protecting them from being misappropriated. It also explores the work of WIPO on traditional knowledge, which can serve as a guide to navigate through the complex policy, legal and practical concerns that surface when exploring traditional creativity and innovation and analyses the efforts made by the Indian Government in protecting the traditional knowledge.

Keywords

Traditional knowledge, WIPO, TKDL, TRIPS Agreement, Convention on Biological Diversity, innovation, intellectual property, sui generis.
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  • Easily Accessible Treasure Susceptible to Misappropriation: A Discourse on Traditional Knowledge

Abstract Views: 252  |  PDF Views: 155

Authors

Charu Srivastava
Department of Law, Science & Technology, School of Law, UPES, Dehradun-248 001, Uttarakhand, India
Mamta Rana
Department of Law, Science & Technology, School of Law, UPES, Dehradun-248 001, Uttarakhand, India

Abstract


The paper deliberates upon the importance and misappropriation of traditional knowledge discussing few instances followed by a debate on the approach of developing and developed nations towards its protection. It further examines the interface between Intellectual property rights and traditional knowledge and the role played by intellectual property principles in protecting them from being misappropriated. It also explores the work of WIPO on traditional knowledge, which can serve as a guide to navigate through the complex policy, legal and practical concerns that surface when exploring traditional creativity and innovation and analyses the efforts made by the Indian Government in protecting the traditional knowledge.

Keywords


Traditional knowledge, WIPO, TKDL, TRIPS Agreement, Convention on Biological Diversity, innovation, intellectual property, sui generis.

References