Intellectual Property Rights and Traditional Knowledge: Towards an Inclusive Legal Framework

This study examines the protection of traditional knowledge (TK) within the framework of Intellectual Property Rights (IPR) in India, aiming to explore the historical evolution of TK, evaluate community participation in equitable benefit-sharing, and examine the role of regulatory authorities in safeguarding TK under existing legal frameworks. Adopting a document analysis methodology, the study critically reviewed national statutes—including the Patents Act, 1970, the Biological Diversity Act, 2002, and the Geographical Indications of Goods Act, 1999—judicial decisions, regulatory guidelines, and international instruments such as the Convention on Biological Diversity (1992) and the Nagoya Protocol (2010). Findings indicate that while legal frameworks recognize TK and provide mechanisms for benefit-sharing, challenges remain in historical documentation, active community engagement, and enforcement by regulatory authorities. The study emphasizes the need for a holistic and inclusive legal framework that integrates historical, communal, and regulatory perspectives to ensure ethical utilization, sustainable conservation, and equitable benefits for indigenous and local communities.

Keywords: Traditional Knowledge, Intellectual Property Rights, Community Participation, Equitable Benefit-Sharing, Regulatory Authorities, Biological Diversity Act, Patents Act, Nagoya Protocol, Sui Generis Protection, Indigenous Knowledge.

Traditional Knowledge Intellectual Property Rights Community Participation Equitable Benefit-Sharing Regulatory Authorities Biological Diversity Act Patents Act Nagoya Protocol Sui Generis Protection Indigenous Knowledge.