ASSESSING THE EFFICACY OF LEGAL FRAMEWORK ASSOCIATED WITH THE PROTECTION OF TRADITIONAL KNOWLEDGE IN INDIA

Traditional Knowledge encompasses skills, technical know-how, practices regarding use of biological resources etc. accumulated and possessed by Indigenous communities since time immemorial. The unbridled globalization driven by technological advancements have intensified the risk of exploitation of traditional knowledge, wherein the corporate entities misappropriate traditional Knowledge for monetary gains without offering compensation to and obtaining consent of holders of Traditional Knowledge. The present research endeavour seeks to assess the efficacy of relevant domestic laws applicable to protection of traditional knowledge. It shall further discuss the challenges confronting protection of traditional knowledge with special reference to unethical practice of Biopiracy. It shall also shed light upon the recent judgement of the Hon’ble High Court of Uttarakhand in Divya Pharmacy v Union of India. Lastly, the author shall summarize the key research findings arrived at the end of research endeavour.