Protection of Traditional Knowledge and Expressions of Folklore: Locating India in the Global Framework

Abstract

India is host to a rich source of traditional knowledge and folklore. India is also one of the countries which have been on the receiving end of misappropriation and patenting of traditional knowledge. There is no shortage of instruments to protect TK and folklore, both nationally and internationally. Most of these attempts are through using traditional intellectual property rights such as the copyright, patent, geographical indicators, or trademarks, and in some cases through the adoption of sui generis laws that applies specifically to TK. However, these protections are fragmented and have their share of drawbacks. Focussing on the role and experience of India, this chapter argues the need for a comprehensive international treaty for the protection of TK in all its dimensions supplemented by a model law for the States to emulate. In the interim, given the diverse approaches to TK protection and the lack of consensus on various issues, India and other developing countries efforts must equally be focussed on incorporating suitable amendments to existing norms, in particular, the TRIPS Agreement.