TRADITIONAL KNOWLEDGE: AS INTELLECTUAL PROPERTY, IT’S PROTECTION AND ROLE IN SUSTAINABLE FUTURE

This paper primarily discusses the definition of traditional knowledge with emphasis on traditional medicine. The role of traditional medicine is vital as it is has been there for ages passed on from generation to generation. India is a country which possesses rare and useful natural resources in abundance. So a country like this is in need of safeguarding its traditional medicinal knowledge. The paper extensively deals with, to what extent intellectual property rights can protect the traditional knowledge. Developing countries are expected to protect their indigenous knowledge as it boosts their sustainable development in many aspects. Bio piracy is an issue, which is required to be looked into as the repercussions of this issue causes heartburn amongst those who possessed the knowledge and granting of wrong patents. It also has its own positive dimension, where it has led to do documentation and changes in patenting system. The paper also discusses whether the positive dimension can possibly protect traditional medicines. Various landmark cases where India challenged the wrong patents based on traditional knowledge has been extensively dealt with as examples which glorify India's measures to protect its own knowledge. And there arises a question whether sui generis is an effective positive protection system with respect to India has also been discussed elaborately. The challenges in pleasing every stakeholder is a complex process and so it can be done only to certain extent. So the balancing of the rights of the stake holders and at the same time protecting the indigenous medical knowledge is necessary. So the paper presents the possible measures that could be adopted to overcome the limitations of bringing traditional medicines under intellectual property rights.