Why Should Traditional Knowledge Be Considered For Protection Under The IP Regime?

What is traditional knowledge in intellectual property?

TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations..

How is traditional knowledge protected?

When community members innovate within the traditional knowledge framework, they may use the patent system to protect their innovations. However, traditional knowledge as such – knowledge that has ancient roots and is often informal and oral – is not protected by conventional intellectual property systems.

How Does Government of India protect traditional knowledge of medicine?

India is the only country in the world to have set up an institutional mechanism – the TKDL – to protect its Traditional Knowledge. The TKDL enables prompt and almost cost-free cancellation or withdrawal of patent applications relating to India’s Traditional Knowledge.

What are the abuses of traditional knowledge?

Abuses of traditional knowledge include: • unlicensed and unauthorized commercialization of traditional knowledge; • taking images, such as photographs, film and video of Indigenous peoples, their way of life, et cetera; • using, reproducing or copying indigenous names, images and arts without permission; • use and …

What are the characteristics of indigenous knowledge?

Indigenous knowledge incorporates all aspects of life – spirituality, history, cultural practices, social interactions, language, healing. Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves.

Can yoga be patented?

The U.S. Patent Office maintains that it has not given out patents for yoga routines but has granted numerous patents for yoga-related products. Nevertheless, India — the country that boasts of having invented yoga — is aiming to keep the ancient practice free of commercial entanglements and ownership.

What is the difference between indigenous knowledge and traditional knowledge?

The distinction between traditional knowledge and indigenous knowledge relates to the holders rather than the knowledge per se. Traditional knowledge is a broader category that includes indigenous knowledge as a type of traditional knowledge held by indigenous communities.

How important is traditional knowledge?

The transmission of traditional knowledge across generations is fundamental to protecting and promoting indigenous peoples’ cultures and identities and as well as the sustainability of livelihoods, resilience to human-made and natural disasters, and sustaining culturally appropriate economic development.

What are the disadvantages of indigenous knowledge?

Remoteness and geographical isolation.

Which body of India and WIPO are partners to protect traditional knowledge from misappropriation?

The TKDL is a collaborative project between the Council of Scientific and Industrial Research (CSIR), Ministry of Science and Technology, and the Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Ministry of Health and Family Welfare, of India, and is being implemented at CSIR.

What are the characteristics of traditional knowledge?

TK refers to the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations. It is not limited to any specific technical field, and may include agricultural, environmental, and medicinal knowledge, and knowledge associated with genetic resources.

What are the common kinds of indigenous knowledge?

These include such labels as traditional knowledge (TK), indigenous technical knowledge (ITK), folk and local knowledge, environmental or ecological knowledge (EK), and sometimes it has also been called people’s science.

What are the types of traditional knowledge?

Traditional knowledge includes types of knowledge about traditional technologies of subsistence (e.g. tools and techniques for hunting or agriculture), midwifery, ethnobotany and ecological knowledge, traditional medicine, celestial navigation, craft skills, ethnoastronomy, climate, and others.

Why is it important to protect traditional knowledge?

Why Traditional Knowledge must be protected? Need to protect traditional knowledge have increased with changing time, especially in order to stop unauthorized and commercial misuse of such knowledge. It is important to protect the indigenous people from such loss and also help them to preserve such ancient practices.

What is the meaning of traditional knowledge?

Traditional knowledge refers to: knowledge or practices passed down from generation to generation that form part of the traditions or heritage of Indigenous communities. knowledge or practice for which Indigenous communities act as the guardians or custodians.

How many years right of a patent owner is protected?

twenty yearsExclusive rights: Patents provide you with an exclusive right to prevent or stop others from commercially exploiting an invention for twenty years from the date of filing of the patent application.