Protection of traditional knowledge in India by sui generis laws of geographic indications and the Protection of Traditional Knowledge Bill, 2022

dc.contributor.authorChakrabarty, Shambhu Prasad
dc.contributor.authorRodricks, Abhisekh
dc.date.accessioned2022-12-17T10:18:37Z
dc.date.available2022-12-17T10:18:37Z
dc.date.issued2022-09
dc.description.abstractThis research paper explores the potential of protecting Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE) under the modern Intellectual Property Law Regime with special reference to Geographical Indications (GI). It also highlights the process of registering GI under the Indian GI legislation with special regard to ancestral knowledge. The paper also highlights the limitations of GI protection concerning protecting TK/TCE as a whole. Protecting TK has always been a challenge under the modern legal system, and this limitation has irretrievably damaged this knowledge base. Efforts have been made to preserve and protect TK through IPR, but this approach achieved very limited success. The absence of TK protection as a whole by TRIPS has left a sui generis approach to protecting TK. The proposed Protection of TK Bill 2022 could be criticised at length, including the absence of synchronisation between Intellectual Property Rights (IPR) safeguards, including GI as a mode of protecting TK has also been noticed. This research paper identifies some of the TK that has been protected under the GI Act in India encourages the indigenous and tribal peoples to explore the limited potential of GI protection to their ancestral knowledge. It also assists the legislature in reconsidering certain aspects of the Protection of the TK Bill, 2022.en_US
dc.identifier.issn0976-3570
dc.identifier.urihttps://ir.nbu.ac.in/handle/123456789/4768
dc.language.isoenen_US
dc.publisherUniversity of North Bengalen_US
dc.subjectTraditional Knowledgeen_US
dc.subjectTraditional Cultural Expressionsen_US
dc.subjectGIen_US
dc.subjectTRIPSen_US
dc.subjectTK Billen_US
dc.subject2022en_US
dc.subjectTK Bill 2022en_US
dc.titleProtection of traditional knowledge in India by sui generis laws of geographic indications and the Protection of Traditional Knowledge Bill, 2022en_US
dc.title.alternativeIndian Journal of Law and Justice, Vol. 13, No. 02, September-2022, pp. 114-127en_US
dc.typeArticleen_US
periodical.editorBandyopadhyay, Rathin
periodical.issueNumber2
periodical.nameIndian Journal of Law and Justice
periodical.pageEnd127
periodical.pageStart114
periodical.volumeNumber13

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