Journal of Intellectual Property Rights

Chaithanya E P ¹, Kavitha Chalakkal ²

Affiliations
1 Department of Political Science, S N College, Nattika, Kerala –680 566, IN
2 Interuniversity Centre for IPR studies, Cochin University of Science and Technology, Kerala –682 022, IN

Abstract

Over the centuries, communities havedeveloped a close and unique connection with the lands and environments in which they live. They have established distinct systems of knowledge, innovations and practices relating to the uses and management of biological diversity on these lands and environment. Much of this knowledge forms an important contribution to research and development, particularly in the areas such as pharmaceuticals, agricultural and cosmetic products.This increasing economic importance of biological resources and related knowledge to these resources has made the allocation of property rights as one of the most contentious issues in the discussions concerning biodiversity management. But this new allocation does not recognize any property rights of holders over their knowledge. As far India is concerned one of the mega biodiversity countries of the world and also concentrated with indigenous people too. But existing legal framework does not confer positive protection, to the rights of traditional knowledge holders in the protection of traditional knowledge. In this context, the paper is going to look into the potential challenges faced by the State in theformulation of a law for protection of TK in India.

Keywords

Protection, Ownership, Traditional Knowledge, Biological Resources, India, IPR

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