Traditional knowledge (TK) is a body of knowledge developed by indigenous groups through generations of living close to nature. TK encompasses knowledge that is passed down over generations, including tangible and intangible knowledge with actual or potential value. TK continues to play an important role in areas like food security, agriculture, and medicine. There are growing calls to protect TK through intellectual property rights to promote equity and conservation of knowledge, cultures, and biodigverse practices. India is working to protect TK through databases, community protocols, and international agreements to preserve TK and ensure communities benefit from sharing their knowledge.

2. WHAT IS TRADITIONAL KNOWLEDGE
(TK)?
• TK is a body of knowledge , to innovations and
practices of a group of local people, extracted and
developed through their close contact with nature for
generations, which is later shared with the successive
generations.
• TK encompasses development from one generation to
another, tangible and intangible knowledge, and
innovations of both potential and actual value.
• TK has continued to play a critical role in significant
areas such as food security, agricultural development
and medical treatment.

3. THE NEED TO PROTECT TK
• The protection of indigenous and TK under intellectual
property rights (IPRs) has received increasing attention
since the adoption of the Convention on Biological
Diversity (CBD) in 1992.
• Empowerment of local indigenous communities (LICs)
through recognition of community rights and protocols
creates an impetus for preservation and restrained
disclosure of TK in a culturally enlightened manner.

4. The primary arguments for granting protection to TK
include:
• Equity
• Conservation
• Preservation of Traditional Practices & Culture
• Promotion of Use of TK & Its Significance
in Development

5. 1.Equity
• The prime concept for the protection of TK is based on
equity.
• TK generates value that is not adequately recognized
and compensated due to the currently erroneous
system of funding and reward.
• The protection of TK, therefore, assumes significance to
bring equity to primarily unjust and unequal relations.

6. 2.Conservation
• Another prime factor for the protection of TK is the
importance of such knowledge for conservation.
Maintenance of biological diversity in farming generates
value for the global community.
• IPRs could be used to generate income to sustain the
otherwise abandoned activities. Under this approach,
the protection of TK helps fulfill society’s macro
objectives for the conservation of environment,
sustainable agriculture and food security.

7. 3.Preservation of Traditional Practices & Culture
• The protection of TK is a framework that encourages
the maintenance of traditional practices, culture and
knowledge. In this sense, the concept of ‘protection’ is
quite different from the concept applied under IPRs.
• The preservation of TK is not only a key element of the
right to self-identification and a pre-requisite for the
continuous existence of traditional people and
indigenous communities, but also a vital element of the
cultural heritage of humanity.
• The crisis impacting the world’s diverse cultures and
languages is much deeper than the biodiversity crisis.
About 90% of the 6000-odd languages currently spoken
– and their corresponding cultures – may face
extinction in the next century.

8. 4.Promotion of Use of TK & Its Significance
in Development
• The promotion of the use of TK is a vital objective. Article 8
(j) of the CBD requires the promotion of ‘wider application’
of TK. Protecting TK against loss and misuse, or ensuring
compensation to TK-holders are pre-requisites to boost the
wider use of such knowledge.
• Protection may serve as an instrument for facilitating
access to TK. Protection of some kind may create the basis
for trust required for the LICs to share their knowledge and
enhance their position to extract value from it.
• If certain rights are recognized, knowledge-holders will be
more willing and prepared to provide access to their
knowledge. Besides, compensating them adequately will
encourage them to have more incentives to conserve it for
future access.
• Promoting the development of TK may also be a prime
motivation behind protecting TK from extinction and loss.

9. PROTECTING TK IN INDIA
• IP protection for TK can provide a fundamental system,
established on transparency and recognition of rights of
LICs, which will enable the collection, documentation
and preservation of TK under a cloak of inalienable
rights.
• Application of specific IPRs relating to TK assumes the
nature of both a defensive posture preserving TK in
a sui generis international legal mechanism, and of a
proactive system to promote SD through codification of
community protocols and effective benefit-sharing.
• SD must be viewed comprehensively, and not
individually, requiring involvement with LICs based on a
relationship of trust and mutual respect.

10. GLOBAL LEGAL FORA FOR INCREASING
PROTECTION OF INDIAN TK
Indian TK is now available to the United States Patent
and Trademark Office (USPTO) and European Patent
Office (EPO), who can access the database of TK,
courtesy the Indian Government’s permission.
India’s Council of Scientific and Industrial Research
(CSIR), and the Department of Ayurveda, Yoga and
Naturopathy, Unani, Siddha and Homeopathy developed
the TK Digital Library (TKDL), a 30-million page
searchable database of TK translated from several
languages such as Hindi, Sanskrit, Arabic, Persian, Urdu
and Tamil into English, Japanese, French, German and
Spanish

11. • The UN Draft Declaration on Rights of Indigenous
Peoples (UNDRIP):
• Article 29 of this UN Draft Declaration specifically
states that people from LICs are authorized to the
recognition of the complete ownership, control and
protection of their cultural and IP.
• They have the special rights to control, develop and
protect their sciences, technologies and cultural
expressions, including human and other genetic
resources, seeds, medicines, wisdom of the
characteristics of flora and fauna, oral traditions,
literature, designs and, visual and performing arts.

12. • Global Guidelines: Another positive initiative is the
inclusion of a set of draft corporate guidelines for
businesses that want to use native plants and TK from
LICs to make commercial drugs

13. • the International Treaty on Plant Genetic Resources for
Food and Agriculture (ITPGRFA) passed by the Food and
Agriculture Organization Conference in 2001, effective
from June 29, 2004.
• This treaty provides for protections relating to ‘farmers’
rights’ including TK and traditional breeding practices.
• the Inter-Governmental Committee (IGC) on IP and
Genetic Resources, TK and Folklore, established under
the World Intellectual Property Organization (WIPO) in
2000, which provides a forum for negotiations on issues
related to development of a binding international
mechanism on TK.