Protection of Traditional Knowledge : Meaning and Scope in Indian Legal Perspective

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Ashish Kumar Singh
Keyword(s):  
Intellectual Property ◽  
Cultural Identity ◽  
Traditional Knowledge ◽  
Present Article ◽  
Digital Library ◽  
Successive Generation ◽  
Unique Form ◽  
Economic Rights ◽  
Legal Perspective

Traditional Knowledge is unique form of intellectual property which is owned by the community through successive generation as part of their cultural identity. This area of IP is very prone for exploitation causing damage to the economic rights of the members of the community at large. A sui generis approach is needed for the protection of TK. The present article helps in understanding the idea and scope of Traditional Knowledge (TK), word intellectual property organisation, Traditional Knowledge Digital Library.

Colgate-Palmolive's Attempt of Patenting Toothpaste Formula

2017 ◽  
pp. 148-169
Author(s):  
Neetika Mehta
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Digital Library ◽  
Consumer Goods ◽  
Industrial Research ◽  
High Quality ◽  
Indian Community ◽  
Ancient Times ◽  
Herb Extract ◽  
Ancient Texts

By creating a robust intellectual property structure, a high-quality job future can be secured and sustained. Therefore, promotion to innovation/invention requires adequate protection. The multinational giant Colgate- Palmolive can be seen caught up into legal dispute where accusation is over the company for having purloined an archaic formula to have its roots to ancient times, and also being used by Indians for generations. India foiled an attempt by consumer goods giant Colgate-Palmolive to patent a mouthwash formula containing herb extract by citing ancient texts that show it was traditionally used in ancient medicinal practices. Traditional Knowledge Digital Library of Council of Scientific & Industrial Research (CSIR-TKDL) had submitted proof in the form of references from ancient books, which said the herb and its extracts in Indian systems of medicine. The proactivness of Indian community to safeguard its traditional knowledge obstructed the profit-making strategy of the company.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

scholarly journals Digital Library and Intellectual Issues—Issues in Copyright and Intellectual Property

2018 ◽  
Vol 12 (1) ◽  
pp. 114
Author(s):  
Mohammad Niqresh
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Digital Library ◽  
Digital Libraries ◽  
Modern Technology ◽  
Information Resources ◽  
Digital Resources ◽  
The Third ◽  
The Web

The study aims at identifying the concept of digital library, it also tries to shed the light on the most significant intellectual issues by presenting its definition, development, functions (selection and acquisition of information resources from the web, sources indexing, communication and management of intellectual property rights, production of electronic resources and its availability, and digital resources maintaining), characteristics, and the purpose of turning into digital library, passed by the proposed stages of digital library transition, Types of Intellectual Property (Copyright, Patents, Trademarks, Commercial Secrets), it also discusses copyrights and intellectual property, the problems and challenges of digital library, and finally the future of digital library. Many researchers agree that the main objective of the digital library is to accomplish all the functions of the traditional library, but in the form of electronic digital libraries which are only an extension for jobs that are performed and the resources that are accessible in digital library. The study concluded that digital libraries emerged as an obligatory result of revolution of the third millennium which is called the communications revolution, as libraries are able to prove that they are able to stand and cope with all the modern technology, where there is no conflict between the new and modern trends in libraries issue, but it also benefits from both of them concerning their evolution instruments in service for beneficiaries in every time and place.

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