Importance Of Traditional Knowledge
LACUNAS IN EXISTING LEGISLATIVE FRAMEWORK FOR TRADITIONAL KNOWLEDGE IN INDIA: A NEED FOR SUI GENERIS PROTECTION Neelu Mehra* & Preetika Sharma** Abstract Traditional Knowledge is an important intellectual and cultural attribute of indigenous people and local communities. They have immense understanding about their ecosystems, flora and fauna and the methods to use them. But now a days, this notion of traditional knowledge has gained national as well as international attention for the reason that this knowledge is being misused and patented by third parties without the prior informed consent of Traditional Knowledge holders and even without sharing of benefits with the communities in which this knowledge originated. The existing framework …show more content…
Disclosure is one of the tools to stop the granting of wrong and illegal patents, or the revocation in cases where patents have already been granted. In IP law, patents cannot be granted or can be invalidated in case it has been granted if it can be shown that there exists a “prior art”. Disclosure results in the presence of knowledge into public domain. It does not stop use of the traditional knowledge or associated resource but only the monopolistic use of such knowledge is prevented. Contracts One of the suggestion for protecting rights and interests of indigenous people is by way of bilateral contract between holder of traditional knowledge and persons or companies wishing to access and use the knowledge. IV Misappropriation of Traditional Knowledge: Indian Experience Since time immemorial, India has quite rich and flourishing traditional knowledge and this knowledge has been used in various ways in different fields such as human health, pharmaceuticals to treat diseases afflicting people, agriculture, nutrition, fisheries, handicrafts, astrology, performing arts, etc. A part of this knowledge has been described in ancient classical and other …show more content…
Therefore there is a need for various bio-diversity rich developing countries to work in harmony in various inter governmental forums in order to develope an international instrument for the recognition of diverse national Sui-generis system. Several countries have adopted Sui-generis laws for protecting traditional knowledge. These include South Africa, Panama, Peru, Portugal, Costa-Rica, India and
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