Measures and Methods for Effective Protection of Traditional Knowledge: Rethinking the Protection Under A Model IPR Regime

Traditional Knowledge is one of the most ambiguous and contentious issues in the dynamic world of IPR today. The developing and developed countries seek the refuge of Traditional Knowledge as a safeguard against the colonial manipulation that these countries have experienced for centuries. A lack of access to the International IPR instruments, some of which often come under question themselves, also serve as catalysts for disillusionment from a western world approach to IPR. These claims under Traditional Knowledge come in direct conflict with many of the patent rights being given in the West, at times culminating in a legal battle. India has mostly been at the receiving end of the Patent whip, where there is no denying that patent violation is rampant in India but the violation of its Traditional Knowledge resources keeps an equilibrium in balance. Where these legal battles become a question of prestige for respective Governments, it is more often than not the battle for survival of a particular community that may have relied on a specific form of Traditional Knowledge for its very survival for centuries. In light of the current scenario of rampant globalization, there is an urgent need to come up with a dedicated Convention for the Protection of Traditional Knowledge and its fair use. This will protect the rights and privileges of the communities who have safeguarded and nurtured such knowledge over generations, and at the same time make sure that the benefits of such knowledge reach the masses at large.