Traditional Knowledge (Tk) Of Communities: Protection And Redevelopment In The Face Of Emerging Intellectual Property Rights Regime

Abstract

Traditional Knowledge is described as the accumulated knowledge, wisdom and practices that provide people of a country, region, tribe or community to carry out agriculture, cure ailment, preparation and the preservation of food, way of educating the next generation to interact with other people and natives etc. It is also admitted that this kind of knowledge was generated, added upon and passed down the line by words, observations and practices. TK would be country specific or community specific as environmental and social conditions of one country or community may differ from those of other countries and communities. This paper analyzes the importance of protecting TK in the broader context of reconciliation and redevelopment of a country/community. Further, it emphasizes that the components of traditional knowledge such as traditional performances, folklore including cultural dancing, songs, stories est., healing methods, indigenous medicines, agricultural and harvesting methods and methods of transforming education and knowledge from one generation to another are the living symbols of recognizing the identity and culture of a community. Therefore, exploitation of a community owned TK by external and internal sources would adversely affect a community/country in many aspects. This paper further analyzes the exploitation and unauthorized use of TK by external and internal sources and potential intellectual property mechanisms that are available to protect and preserve TK. Furthermore, the paper also suggests and identifies ways and means that can be developed from the existing system to protect TK. Recommendations will be made in this respect.