Critical Analysis of Protection of Traditional Knowledge in India

Abstract

Traditional Knowledge (TK), encompassing the wisdom, innovations, and practices of indigenous communities developed over centuries, holds immense cultural, ecological, and economic value. In India, this knowledge spans areas such as agriculture, medicine (like Ayurveda), biodiversity, and handicrafts. Despite its significance, TK often remains vulnerable to biopiracy and misappropriation due to the lack of formal legal protection under conventional intellectual property regimes. This paper critically analyzes the existing legal and institutional frameworks in India, such as the Biological Diversity Act, 2002 and the Traditional Knowledge Digital Library (TKDL), and assesses their effectiveness in safeguarding TK. It also explores international obligations, challenges related to documentation, benefit-sharing, community consent, and the limitations of current IP laws in addressing community-based knowledge systems. The study concludes by recommending a more inclusive, sui generis system that respects the collective nature of TK and ensures equitable benefit sharing.