Traditional Knowledge and Its Protection Under Indian Intellectual Property Laws: Challenges and Prospects

Abstract

Traditional Knowledge (TK) refers to the cultural, ecological, and medicinal knowledge cultivated and conserved by local and indigenous communities over centuries. Though it is of vital significance to biodiversity, sustainable development, and cultural identity, the protection of TK under the Indian intellectual property paradigm is still insufficient. This paper critically analyses the current Indian legal framework with respect to TK, pointing out its shortcomings and examining the compatibility of traditional IP rights with the intergenerational and communal character of TK. Using doctrinal analysis and case studies, the research identifies challenges of misappropriation, absence of formal documentation, and the challenge of balancing customary law and statutory regimes. The paper advocates for a sui generis model of protection suitable to India's socio-cultural context and emphasizes the necessity for international cooperation and community involvement in order to protect TK as effectively as possible.