Title: An approach to the protection of traditional knowledge under the existing IP regime

Authors: Jayanta Ghosh; Nayanika Chakraborty

Addresses: Centre for Regulatory Studies, Governance and Public Policy, West Bengal National University of Juridical Sciences, India ' S. Majumdar & Co, Kolkata, India

Abstract: Traditional knowledge (TK) has evolved in a non-dualistic environment resulting in a different set of governing principles of its use and existence in comparison to western principles. The western centralised IP regimes fail to capture the essence of this knowledge, consequently failing to protect the proponents of such knowledge. The systematic use of traditional knowledge by the North in an IP environment where North-South power dynamics benefit the North while blocking the South which are the largest holders of such knowledge from deriving substantial benefits. Bio-piracy and misappropriation of traditional knowledge have taken place making use of the lacuna existing in the current regime regarding the protection of knowledge. Traditional knowledge proponents have asked for a sui generis technique outside the IP framework which cannot happen overnight. Due to the quick depletion of TK, a trade secret approach of protection can be explored to balance South and North interests.

Keywords: traditional knowledge; bio-piracy; North-South debate; convention on biological diversity; CBD; indigenous.

DOI: 10.1504/IJPLAP.2024.139536

International Journal of Public Law and Policy, 2024 Vol.10 No.3, pp.297 - 317

Received: 08 Nov 2022
Accepted: 16 Feb 2023
Published online: 03 Jul 2024 *

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