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LAW & PEOPLE

Protection of Indigenous Knowledge : Are patents the answer?

Shilpy Chatterjee

The existing Intellectual Property Rights of India are not able to protect our Indigenous Knowledge. This calls for a new law.

comprehensive definition of indigenous knowledge would endorse "a body of knowledge built by a group of people through generations living in close contact with nature. It includes a system of classification, a set of empirical observations about the local environment, and a system of self-management that governs resource use"

It is a matter of grave concern that we are heading towards a more uniform world, with cultures dying out faster than the people associated with them.

The main purpose of protecting indigenous knowledge is to preserve it for the future generations and provide its benefits to the indigenous community, which is the rightful owner of this knowledge.

Such disappearance of indigenous knowledge can be attributed to factors like:

1. Greater erosion of oral knowledge;

2. Continued unwillingness of younger generation to acquire the knowledge, innovations and practices developed over a long period of time,;

3. Lack of material incentives for conservation of endangered species;

4. Knowledge-rich poor communities may migrate due to lack of opportunities for subsistence and employment, negligence of local resources or over-exploitation of the resource itself, netting very little value in a short period of time; and

5. Stifling the very creative and buoyant laboratory of innovations at grassroots by denying any social esteem for such knowledge through material as well as non-material incentives and general neglect.

It is frequently assumed that ownership and property rights, including intellectual property rights, are alien concepts in indigenous and traditional societies. Such communities, it is said, are characterised by a strong sharing ethos with respect to biological resources and biodiversity-related knowledge. In fact, the anthropological literature reveals that the Intellectual Property Right (IPR) concepts or at least close equivalents to them are as common as the sharing ethos. Proprietary systems do exist in many traditional societies.

In India, IPRs have been practiced since time immemorial. Some of the interesting findings pertaining to IPR are provided here.

1. Many people may not know that Shahjahan, who built the famous Taj Mahal, was very keen to protect the design of the monument. He got the right hand thumb of all the workers cut so that they could never build another Taj Mahal.

2. There is an old tradition of textile production popularly known as 'Patan Silk' in Patan region of north Gujarat. At present, only two families are left who are carrying on this tradition involving the use of vegetable dyes. They do not share their trade secrets even with their daughters who shift to another family after marriage. Only daughters-in-law are inducted into the tradition to retain the secrecy.

3. ‘Secrets turn knowledge into property that can be exchanged -- people throughout Melanesia swap or sell their secrets and/or their knowledge copyrights for pigs, money and other goods.’

   

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