Record Details

Traditional Knowledge: Penetrating Intellectual Property

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Field Value
 
Title Traditional Knowledge: Penetrating Intellectual Property
 
Creator Yadav, Parveen
Bohra, Saroj
 
Subject Traditional Knowledge
Patents
Trade Marks
Geographical Indications
Copyright
 
Description 427-433
Traditional Knowledge (TK) during its introduction in Intellectual Property (IP), remained associated mainly with
Patents. However, with passage of time, relation of TK has been witnessed and debated with Trade Marks, Copyrights,
Geographical Indications. The growing debate on TK in association with patents has been shared by TK’s penetration into
copyright, geographical indication and trademarks. The paper studies the reach of TK in IP and analyze the stand of TK in
IP. The IP system seems different from TK. Both the concepts have different footings but they are face to face and are at
cross roads. The demand of acknowledging TK at international level, be it at Trade Related Aspects of Intellectual Property
or Word Intellectual Property Organization or even for a sui generis system, is growing. It is face to face with IP system.
The global north is reluctant to have TK in IP and global south is pro to have TK in IP. Basically, it is the benefit sharing
but again benefit sharing and TK cannot be taken into isolation when it comes to their contrast with IP. Convention on
Biological Diversity gave the momentum to the demand of benefit sharing and protection of TK with is furthered by Nagoya
Protocol. Since early, TK was in focus with IP specifically in context of patent. However, due to appropriation of cultures or
material from public domain, a concern has been raised where TK is being captured by conventional IP system. The
conversion or use of TK in various IP is not welcomed and is becoming a topic of debate in one or the other way. The paper
tries to study and analyze the aforesaid situation. It would see how TK is being in limelight and in contrast with other IP.
The paper would also be portraying that how conventional IP system is being exposed to different notions due to advent of
TK. The focus of paper would remain on the TK’s association with patent and its association with other IP like copyright,
trademarks, geographical indications.
 
Date 2023-01-25T06:38:09Z
2023-01-25T06:38:09Z
2023-01
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/61248
https://doi.org/10.56042/jipr.v27i6.63620
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.27(6) [November 2022]