Wednesday, May 20, 2009
Friday, January 23, 2009
What is Traditional Knowledge?
There is no precise definition of traditional knowledge as such. Popularly known as TK, traditional knowledge collectively refers to all kinds of knowledge in diverse fields possessed by an individual or community mainly indigenous peoples, tribal or any local people of a particular region. It is called traditional knowledge because of its origin and typical characteristics. Traditional knowledge has strong roots in culture, traditions, religion, beliefs, rituals etc of human civilization externally manifested in the form of food habits, agricultural practices, way of living, ecological knowledge, practiced and followed times immemorial. But 'traditional' here, doesn't mean old and archaic. Traditional knowledge may be ancient in origin yet it can be dynamic in the sense that it may have evolved with the time. Because no knowledge can remain static forever and same is true of TK.Traditional knowledge is often distinguished with modern scientific knowledge in order to have clearer meaning of it. But, this is a very narrow way of looking at TK virtually treating it as an unscientific knowledge. (WIPO's definition of TK is considered one of the best).
There is a lack of formal/universally accepted definition of TK both at the national and international level mainly due to absence of a binding comprehensive legal regime for the protection of traditional knowledge.TK's popularity is growing in leaps and bounds with the emergence of new intellectual property regime in the world. It is the new horizon of growing IP regime. Increasing misappropriation of TK has hastened the quest for some permanent legal solution to curb future misappropriation of TK.The economic/commercial value of TK is very high and it is a well established fact. And the TK rich resourceful countries do not want to lose out their wealth for nothing. This has resulted in the quest for better ways to safeguard and benefit from this valuable resource. India is also on this path. Already some minor adjustments have been made in the domestic IP and other laws. But, more focused and concrete step is needed in this direction if India is really serious about safeguarding and protecting its TK.
(On misappropriation of TK, refer to turmeric/haldi patent, neem and basmati patents-classic Indian cases).
There is a lack of formal/universally accepted definition of TK both at the national and international level mainly due to absence of a binding comprehensive legal regime for the protection of traditional knowledge.TK's popularity is growing in leaps and bounds with the emergence of new intellectual property regime in the world. It is the new horizon of growing IP regime. Increasing misappropriation of TK has hastened the quest for some permanent legal solution to curb future misappropriation of TK.The economic/commercial value of TK is very high and it is a well established fact. And the TK rich resourceful countries do not want to lose out their wealth for nothing. This has resulted in the quest for better ways to safeguard and benefit from this valuable resource. India is also on this path. Already some minor adjustments have been made in the domestic IP and other laws. But, more focused and concrete step is needed in this direction if India is really serious about safeguarding and protecting its TK.
(On misappropriation of TK, refer to turmeric/haldi patent, neem and basmati patents-classic Indian cases).
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