Journal of Intellectual Property Rights

Open Access Open Access  Restricted Access Subscription Access

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.
User
Notifications
Font Size

  • Glossary of key terms related to intellectual property and genetic resources, traditional knowledge and traditional cultural expressions, In: Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, (Thirty-Eighth Session) (2018), Geneva, https://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_38/wipo _grtkf_ic_38_inf_7.pdf (accessed on 15 January 2020).

  • Article 2 of the Convention of WIPO.

  • Kapoor L, Handbook of Ayurvedic Medicinal Plants: Herbal Reference Library, (CRC Press.) 1st Ed. 2000, 28.

  • Nhp.gov.in. Introduction and Importance of Medicinal Plants and Herbs National Health Portal of India, (2019), https://www.nhp.gov.in/introduction-and-importance-ofmedicinalplants-and-herbs_mtl (accessed on 20 January 2020).

  • Neem is used for fungal diseases, skin diseases; oil extracted from its seed can be used for flu and cold etc.

  • Sree D, Latha D, Padmavathi D, Bharathi P and Nagalakshmamma P, Role of ICTS in promoting and preserving the traditional medicinal knowledge in India, World Journal of Pharmaceutical Research, 7 (7) (2019) 309-323.

  • Jay K, Seeds of Change: A Link among the legal, Economic and Agricultural Biotechnology Communities, Agriculture Biotechnology and Intellectual Property Seeds of Change, CABI international, Oxfordshire, UK (2007).

  • Carvalho N, Requiring disclosure of the origin of genetic resources and prior informed consent in the patent applications without infringing the TRIPS Agreement: The problem and the solution, Washington University Journal of Law and Policy, 2 (2000) 371-401.

  • Gran Commodity or Community: What future for traditional knowledge? Seedling, hhtp://www.grain.org). (2004). This article elaborates upon the tension existing between the stakeholders which is at one hand developing nation and other hand developed nation. The issues which are highlighted are regarding ownership, exploitation and protection of traditional knowledge.

  • Kuruk P, Bridging the gap between traditional knowledge and intellectual property rights: Is reciprocity an answer? Journal of World Intellectual Property, 7 (3) (2004) 429–46.

  • Kuruk P, Protecting folklore under modern intellectual property regimes: A reappraisal of the tensions between individual and communal rights in Africa and the United States, American University Law Review, 48 (4) (1999) 769-843.

  • Bellmann C, Dutfield G & Melendez- Ortiz R (Eds), Trading in Knowledge: Development Perspectives on TRIPS, Trade and sustainability, International Center for Trade and Sustainable Development (Earthscan Publications Ltd, London) 2003.

  • Graham Dutfield, Intellectual Property, Biogenetic Resources and Traditional Knowledge (Earthscan Publications Ltd, London) 2004, 57.

  • Biswajit D & Anuradha R V, Access benefit - sharing and intellectual property rights, The Journal of World Intellectual Property, 7 (5) (2003).

  • Gupta A, Value Addition to Local Kani Tribal Knowledge: Patenting, Licensing and Benefit-Sharing, http://www.iimahd.ernet.in/publications/data/2002-08-02AnilKGupta.pdf (accessed on 28 January 2020).

  • Tkdl.res.in. (n.d.), TKDL Traditional Knowledge Digital Library, http://www.tkdl.res.in/tkdl/langdefault/common/ Home.asp?GL=Eng (accessed on 28 January 2020).

  • Indiascienceandtechnology.gov.in. (n.d.). CSIR-UNIT: Traditional Knowledge Digital Library (CSIR-TKDL), New Delhi, http://www.indiascienceandtechnology. gov.in/organisations /ministry-and-departments/council-scientific-industrial-researchcsir/ csir-unit (accessed on 28 January 2020).

  • European Patent Office, United State Patent & Trademark Office, Japan Patent Office, United Kingdom Patent Office, Canadian Intellectual Property Office, German Patent Office, Intellectual Property Australia, Indian Patent Office and Chile Patent Office.

  • In 2011, WIPO organized an International Conference along with CSIR on “Utilization of Traditional Knowledge Digital Library as a Model for protection of Traditional Knowledge” at New Delhi. Because of which WIPO in collaboration with CSIR and DIPP organized an international study visit to TKDL for more than 15 countries that are interested in replication of TKDL.

  • The Convention on Biological Diversity, 1992, ratified by thirty countries became effective on 22 May 1992. The Conventions requires the signatories to regulate or manage biological resources with an objective to conserve biological diversity. Shyam D & Armin R, Environmental Law and Policy in India, (Third Impression, Oxford) 2nd ed. (2002).

  • Identifying examples of traditional knowledge to stimulate a discussion of what should be protectable subject matter and what is not intended to be protected. In: Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (Thirty-Eighth Session) (2018), https://www.wipo.int/edocs/mdocs/tk/en/wipo_grtkf_ic_38/wipo _grtkf_ic_38_14.pdf (accessed on 28 January 2020).

  • WIPO/GRTKF/IC/38, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, https://www.wipo.int/meetings/en/ details.jsp?meeting_id=46446 (accessed on 28 January 2020).

  • Report on the compilation of materials on databases relating to genetic resources and associated traditional knowledge, In: Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore(ThirtyEighth Session)(2018).Geneva, https://www.wipo.int/edocs /mdocs/tk/en/wipo_grtkf_ic_38/wipo_grtkf_ic_38_8.pdf (accessed on 15 January 2020).

  • C PCT 1544 of 9 July 2018, http://www.wipo.int/export/sites/ www/pct/en/circulars/2018/1544.pdf (accessed on 29 January 2020).


Abstract Views: 196

PDF Views: 116




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

Abstract Views: 196  |  PDF Views: 116

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