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Traditional Knowledge And Intellectual Property Rights

  • Writer: leadindia400
    leadindia400
  • Jan 8
  • 3 min read

Intangible Works Of Art Are Referred To As Intellectual Property. They Could Be Creations, Works Of Literature Or Art, Logos, Designs, Symbols, And The Like. For A Restricted Time, The Owner Of An Intellectual Property Right Has The Only Right. Let's Take An Example Where You Have Created A New Type Of Phone And You Receive A Patent For The Technology Used In It. You Now Own The Intellectual Property For Technology. It Is Yours. You Therefore Possess The Sole Authority To Prevent Third Parties From Using And Profitably Exploiting The Technology For The Next 20 Years. It Indicates That No One Else Is Permitted To Use The Technology You Have Patented Without Your Consent.


Why Is Intellectual Property Protected?


Motivator Encouraging People To Invent Is The Main Goal Of Intellectual Property Protection. It Facilitates Both Economic Growth And The Production Of Intellectual Goods And Services For The Public Benefit. Humans Are Predisposed To Operate In Reward-Based Systems. Therefore, They Are Encouraged To Create By The Protection Of Intellectual Property.


Traditional Knowledge: What Is It?


Knowledge, Know-How, Skills, And Practices That Are Created, Maintained, And Transmitted From Generation To Generation Within A Community And Frequently Constitute A Component Of Its Cultural Or Spiritual Identity Are Referred To As Traditional Knowledge (Tk). It Is Critical To Realize That Traditional Knowledge Is Not Solely Based On Antiquity. It Is A Naturally Occurring, Dynamic Body Of Knowledge That Has Been Thoughtfully Created And Maintained By A Community. The Traditional Knowledge Becomes Ingrained In This Community To The Point Where It Contributes To Its Identity.


What Makes Traditional Knowledge Valuable?


Traditional Knowledge Was Irrelevant Until Recently. People Have Become Aware Of Its Importance And Unique Value In The Modern World In Recent Years. You Must Acknowledge That Traditional Knowledge Has A Practical Component To Comprehend Its Significance. It Was Created As A Thought-Provoking Reaction To Life's Necessities. As Such, Society Stands To Gain Greatly From It Both Directly And Indirectly. For Instance, The Kani Tribes In South India Are Known For Their Medicinal Expertise, Which Contributed To The Creation Of The Sports Drug Jeevani. It Is A Medication That Reduces Stress And Fatigue. Its Foundation Is The Herbal Remedy Arogyapacha. Thus, Both Current And Future Generations Can Benefit Greatly From Traditional Knowledge.


Customary Knowledge's Place In Intellectual Property Rights


Trade Secrets, Industrial Designs, Trademarks, And Patents Are The Four Primary Categories Of Intellectual Property That Are Recognized. Traditional Knowledge Is Outside The Purview Of Intellectual Property. Intellectual Property Has Always Had A Laser-Like Focus On The Requirements Of The Technologically Savvy Society. The Preservation Of Traditional Knowledge Was Never Addressed. The Importance Of Preserving Traditional Knowledge Has Only Recently Gained Attention. As Of Right Now, Traditional Knowledge Is Not Protected By Any International Mechanism. The Rationale Is That Safeguarding


Traditional Knowledge Presents Unique Operational And Practical Challenges:


  • An Organic Body Of Knowledge Is Traditional Knowledge. It Is Constantly Changing. The Intellectual Property System In Place Today Is Ill-Suited To Handle It.

  • All Other Types Of Intellectual Property Are Only Allowed For A Certain Amount Of Time. It Is Necessary To Preserve Traditional Knowledge Forever; It Cannot Be Protected For A Short Time.

  • The Issue Of Oral Traditional Knowledge Is Another. Not Every Traditional Knowledge Item Has A Written Record. A Great Deal Of It Has Been Passed Down Orally From Generation To Generation. How Is That Safeguarded?


There Are Differences Between Traditional Knowledge And All Other Forms Of Intellectual Property. When It Comes To Its Organic Nature, It Is Unique. Thus, It Is Necessary To Implement A New Security System Created Especially To Safeguard Traditional Knowledge.


India Hosted The Establishment Of The Traditional Knowledge Digital Library (Tkdl) In 2001. It Is The Traditional Medicine Database For India. India Has Made It Simple For Patent Examiners To Locate Pertinent Prior Art When Reviewing A Patent Application By Recording Traditional Medicine. Following The Us Patents And Trademark Office's Approval Of A Patent For Turmeric As A Wound Treatment, India Made This Move. Later On, This Patent Was Canceled. Many Indian Communities Have Long Used Turmeric To Treat Wounds, And Ancient Sanskrit Texts Even Mention This Practice.


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