Intellectual Property Rights: Need for a Sui Generis Regime for Non-codified Traditional Medicine in India

Traditional Knowledge (TK) is a central component for the daily life of millions of people in developing countries, including India where access to “modern” health care services and medicine is limited due to economic and cultural constraints. Some TK is codified, that is, formalized in some way (eg Ayurveda) however, a great part of it is non-codified, such as, “folk”, “tribal” or “indigenous” medicine which is based on traditional beliefs, norms and practices accumulated during centuries old experiences of trial and error, and passed to successive generations through oral tradition. The protection under Intellectual Property Rights (IPRs) of traditional and indigenous knowledge has received growing attention since the adoption of the Convention on Biological Diversity (CBD) in 1992. However, the concept of Protection in case of TK is understood and interpreted in different ways by different groups; hence there exist two schools of thought-as per one belief protection essentially means to exclude the unauthorized use by third parties; whereas others regard protection as a tool to preserve traditional knowledge from uses that may erode it or negatively affect the life or culture of the communities who are in possession of such knowledge and have developed / applied it.

Author(s): Pradeep Dua

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