ANALYSIS OF DEFENSIVE PROTECTIONS FOR TRADITIONAL KNOWLEDGE IN INDIA

Abstract

Looking at the history and development of intellectual property laws and norms at the international level, one notes that they draw from existing national laws. The international dimension provides the framework within which protection can be extended beyond national borders and provides for international cooperation. But for the protection of traditional knowledge no concrete international effort has been solemnize yet and the cases of misuse by third parties are rampant. Many countries have developed some sort of legal protection to protect their traditional assets though not adequate in the absence of transnational protective mechanism. In India traditional knowledge as a valuable asset also needs statutory protection and some efforts have also been made. But when we talk about protection it must be clear what we want to protect? There is lack of an inclusive definition of traditional knowledge. But still some conventional protections as provided to other recognized intellectual property are available for tradition knowledge. These protective measures are generally divided as defensive and positive. Before proceeding towards the aimed analysis, first it is important to discuss the phenomenon.