FRAMEWORK FOR PROTECTING TRADITIONAL KNOWLEDGE: WAYS AND MEANS

Abstract

Misappropriation of different types of traditional knowledge of different countries is, now-a- days, a thriving business and hence a great challenge to the developing world, especially to the developing countries of the Southern hemisphere. The aboriginal communities of these developing countries, who possess this knowledge, are getting deprived as a result. The multi- national companies of developed countries, who are especially misappropriating this knowledge, neither recognize the contribution of these people, nor do they share the benefits arising out of the commercial use of this knowledge with these people. All these can happen due to the absence of any appropriate law to protect this valuable knowledge base. Presently different countries are trying to prevent these misappropriations with the help of existing intellectual property rights laws. Some sui generis laws have also been developed. But the problem is that most of these initiatives consider a particular dimension of this multidimensional knowledge suited to their objectives. What is happening as a result is that very often these laws are becoming overlapping and contradictory. To overcome this problem what is the need of the hour is to develop a comprehensive law which will encompass all the dimensions of traditional knowledge. The objective of the present study, ‘Protecting Traditional Knowledge: A Search for an Effective Law for India’ is to find out the lacunas of the present legislative structure and to propose the outlines of a law, its objectives and provisions that could protect the rights of the traditional knowledge holders. Accordingly, the study defines the term traditional knowledge, addresses its different dimensions, and explores the economic importance of this knowledge. How this issue is addressed in different international and national forums, how different existing IPR laws try to protect the rights of knowledge-holders, what initiatives are taken by different countries – all such issues are discussed in the present treatise. The study also explains the limitations of existing laws in this regard. Finally, on the basis of the above analysis a sui-generis law - what should be the objectives of the law, what provisions should be included in the law - has been suggested.