Concept of Traditional Knowledge:-

Traditional Knowledge (TK) refers to the knowledge resulting from intellectual activity in a traditional
context, and includes know-how, practices, skills and innovations. Traditional Knowledge can be found in
a wide variety of contexts, including: agricultural knowledge; scientific knowledge; technical knowledge;
ecological knowledge; medicinal knowledge, including related medicines and remedies; cosmology; and
biodiversity-related knowledge. This includes knowledge about genetic resources.

TK passed down from generation to generation that form part of the traditions or heritage of Indigenous
communities.

The main difference between indigenous and tribal is that indigenous refers to being a member of the
original inhabitants of a particular place, whereas tribal refers to being a member of a tribe, a distinct
people that share a common ancestor, culture, beliefs, customs, and traditions.

Indigenous communities are the original inhabitants of a particular place in a given region. For example-
Garo, Khasi, Santhal, Munda.

Indigenous people are defined as a distinct cultural and social ethnic group that mutually shares the
natural resource and the ancestral ties to the land they have been displaced or where they occupy and
live. They are the practitioners and inheritors of distinctive cultures and a way of relating to the
surroundings and the people. Europeans first used the term indigenous people to differentiate America’s
indigenous people from the Africans brought as slaves to America and from European settlers found in
America.

Indigenous people are also known as first peoples, aboriginal peoples (means inhabiting or existing in a
land from the earliest times or from before the arrival of colonists), native peoples, or autochthonous
peoples, are ethnic groups who are descended from and identify with the original inhabitants of a given
region, in contrast to groups that have settled, occupied or colonized the area more recently. The
distinctive groups, usually maintaining traditions or other aspects of an early culture that is associated
with a given region, are protected in international or national legislation as having a set of specific rights
based on their linguistic and historical ties to a particular territory, prior to later settlement,
development, and or occupation of a region.

Local community is a self-identified human group that relates to a life environment in collective ways
that participate to define a shared territory and culture. The members of a local community have
frequent chances of direct (possibly face-to-face) encounters and possess some common history,
traditions, institutions, language, values and life plans. A local community can be long-standing
(‘traditional’) or relatively new, include a single or multiple ethnic identities and be permanently settled
or mobile. A local community should have a form of political identity that enables it to exercise its rights
and responsibilities with respect to its territory and neighbors.

India has constitutionally recognized tribal people or scheduled tribe. But the concept ‘tribe’ is not
defined anywhere in the Indian Constitution. But it states in Article 342 that the scheduled tribes are
‘tribes or tribal communities or parts of or groups within tribes or tribal communities’, which the
President may specify from time to time

By public notification. The tribals in India are also refer to, and refer to themselves as Adivasis, a Sanskrit
deviation meaning ‘original settlers’, in other words, the indigenous people. To put it differently, the term
Adivasi (‘adi’ means oldest and ‘vasi’ means inhabitant) is commonly used to designate them. The ILO
Convention held at Geneva on June 5, 1957, classified these people as indigenous. The World Bank also
considers that the indigenous people mean

Scheduled Tribes (STs) in India.

The essential characteristics of tribal communities are:-

Primitive Traits

Geographical isolation

Distinct culture

Shy of contact with community at large

Economically backwards

Tribes were communities that did not practise a religion with a written text; did not have a state or
political form of the normal kind; did not have sharp class divisions; and, most important, they did not
have caste and were neither Hindus nor peasants.

Even though tribal people did not keep written records, they preserved rich customs and oral traditions.
These were passed down to each new generation.

So, both the concepts STs and indigenous people have been used interchangeably in India.

In the present context, the issue of marginalisation and discrimination are built

Upon the definition of indigenous people. Only those people that have been subject
To domination and subjugation have come to constitute the component of indigenous

People. In this context, the tribal communities of India can be considered as

Indigenous people since they have experienced different forms of marginalisation,

Subjugation and discrimination for centuries.

Tribal peoples are basically the peoples whose social, cultural and economic conditions distinguish them
from other sections of the national community.

Their status is regulated wholly or partially by their own customs or traditions or by special laws or
regulations.

Traditional Cultural Expressions (TCE) can be called as the creative and cultural forms of knowledge
within a particular community and their unique ways of expressing them. Mostly, these have a distinctive
association with the indigenous community’s social, religious and cultural practices. TK and TCE among
prevalent indigenous and tribal communities are fast diminishing due to the lack of recognition, respect
and protection of this knowledge.

Concept of Traditional Cultural Expression:-

Traditional Cultural Expressions (TCE) referred to as ‘expressions of traditional cultures’ refers to tangible
and intangible forms in which traditional knowledge and cultures are expressed, communicated or
manifested. Examples include languages, music, performances, literature, song lines, stories and other
oral traditions, dance, games, mythology, rituals, customs, narratives, names and symbols, designs, visual
art and crafts and architecture.

1. verbal expressions, such as stories, epics, legends, poetry, riddles and other narratives, words, signs,
names and symbols

2. musical expressions such as songs and instrumental music

3. expression by action such as dances, plays, ceremonies, rituals and other performances

4. tangible expressions such as productions of art in particular drawings, designs paintings (including
body-painting) carvings, sculptures, pottery, terracotta, mosaic, woodwork, metal ware, jewelry, baskets,
needlework, textiles, glassware, carpets, costumes, handicrafts, musical instruments and architectural
forms, which are;

A. the products of creative intellectual activity including individuals and communal creativity
b. characteristic of a community’s cultural and social identity and cultural heritage and

c. maintained, used or developed by such community or by individuals having the right or responsibility
to do so in accordance with the customary law and practices of that community.

What is meant by ‘Indigenous cultural expression’?

Indigenous cultural expression refers to:

Ways in which Indigenous communities express their traditional culture

Ways that are part of their heritage or identity

Ways that are passed down from generation to generation.

Indigenous cultural expression might, for example, take the form of song, stories, dances, art, designs,
crafts, etc.

Who owns traditional knowledge and Indigenous cultural expression?

Indigenous communities regard themselves as the guardians and owners of traditional knowledge and
Indigenous cultural expression on behalf of their communities.

Some examples of TK and TCE in WestBengal :-

Culture – Dance & Music-

Gambhira is a fascinating form of dance with

Conventional and reverence. It is popular

Amongst the devotees of Goddess Shakthi.

Kirtan dance, another dance form, is considered to be the best form of Bhakti

Yoga. Kushannrittya is another conventional dance form of popular in this state. Ramayana

Alkap is a theatrical dance presentation commonly performed in rural West Bengal.

Rabindranritya emerged mainly from Santiniketan, in the district of Birbhum, which is in adherence to
the idiom of dance envisaged by Rabindranath Tagore. West Bengal is also famous for various cultural
expressions like Baul, Bishnupur classical, Kirtan, Shyama Sangeet, Rabindra Sangeet, etc.
Art & Craft-

Kantha Embroidery, Terracotta Craft, Scroll Painting, Pottery, Clay Dolls etc.

Dresses-

Punjabi and Dhuti are common dresses among men, saree is the most loved attire for women.

Indigenous Medicinal Plants-

The mangrove ecosystems of Indian Sundarbans is the reservoir of several categories of halophytes
which are used by the island dwellers to get rid from abdominal pain, cardiac diseases, cough and cold,
fracture of bones, allergies and several other dermatological problems.

How traditional knowledge differ from IPR:-

The intellectual property framework does not easily protect traditional knowledge and Indigenous
cultural expression.

However, there are some protection of traditional knowledge and Indigenous cultural expression by the
intellectual property system, for example:

1. Knowledge of the medicinal properties of a plant – Confidential information

2. Song – Possibly copyright

3. Music – Possibly copyright

4. Dance – Possibly copyright

5. Crafts – Possibly registered designs

What is Intellectual Property?

Intellectual property refers to the intangible creations of the mind. They could be inventions, literary or
artistic expressions, designs, logos, symbols, and the like. Intellectual property rights give the owner the
exclusive right for a limited period of time.

Position of Traditional Knowledge in Intellectual Property Rights:-

There are mainly four recognized forms of intellectual property: Patents, Trademarks, Industrial Design,
and Trade Secrets. Clearly, traditional knowledge does not find a place in the ambit of intellectual
property.

There was never any provision for the protection of traditional knowledge. The reason is protecting
traditional knowledge poses specific practical and logistical problems:

1. Traditional knowledge is an organic body of knowledge. It keeps evolving. The current intellectual
property system is not equipped to cater to it.

2. Every other form of intellectual property is granted for a limited period of time. Traditional knowledge
cannot be protected for a limited period of time; it has to be safeguarded indefinitely.

3. Then there is the problem of oral traditional knowledge. Not all traditional knowledge has been
documented. A lot of it has been handed down from generation to generation, orally.

Traditional knowledge is different from every other kind of intellectual property. It is unique insofar as its
organic nature is concerned. As such, a new system of protection, specifically designed for the protection
of traditional knowledge, needs to be put in place.

Keeping this in mind, the United States have developed a sui generis (of its kind) model for the
protection of their traditional knowledge. India, for example, in the year 2001, set up the Traditional
Knowledge Digital Library (TKDL). It is India’s database on traditional medicine. By documenting
traditional medicine, India has made it easy for patent examiners to find relevant prior art while
assessing a patent application. India took this step after the US Patents and Trademark Office granted a
patent for turmeric to treat wounds. This patent was later revoked. The use of turmeric to heal wounds
has been known to many communities in India, and it has even been documented in the ancient Sanskrit
texts.

However, a database like TKDL is a double-edged sword. It has the significant disadvantage of revealing
the entire traditional knowledge, making it easy for others to misappropriate it. Another problem is that
oral traditional knowledge is not documented in it.

Need for protection of TK-

The factors that pose a threat are:

1. Increased demand for commercialization of biodiversity;

2. Traditional knowledge; and disruption of the interrelationship between TK generators and their
resources due to the business of bio-trade. Bio-trade refers to the transfer of biological resources for real
or potential benefit between countries, academic companies, and individuals.

Bioprospecting and Biopiracy are significant threats to biodiversity and related traditional knowledge.

Bio-prospecting is the exploitation of commercially valued biological resources.

It is the search for useful organic compounds found in extreme environments such as rainforests,
deserts, and hot springs in microorganisms, plants, and fungi. Equally important for the global economic
and social development is the practice of exploring and studying biological resources for new
commercial uses.

But conflict arises when ethnobotanists (Ethno-botany is the scientific study of the relationships that
exist between people and plants and the person specialists in ethnobotany are ethnobotanists),
pharmaceutical companies, and other industries (textiles, handicrafts, seeds, etc.) exploit biological
resources and associated traditional knowledge without permission and profit-sharing with the original
TK holders, i.e. leading to biopiracy.

Pharmaceutical firms take advantage of indigenous people’s ethnobiological expertise, and later the
firms are the only ones to reap money from drug marketing and development.

Defensive protection: This system provides protection against unauthorized intellectual property rights
gained over traditional knowledge by third parties. The rights are:

Provision for disclosure of origin of genetic resources and related traditional knowledge relevant to the
invention in the application for the patent.

Preparation of a database that contains full information on traditional knowledge in a scientific and
technical form and is accessible to patent reviewers. Such a database will help to determine the novelty
of the invention at issue.

Positive protection: Positive protection includes typical holders of knowledge gaining intellectual
property rights directly through patents or alternate forms of protection.
Some of the examples of positive protection would be:

Prior information consent: PIC is the permission taken from original holders of biological resources and
related traditional knowledge to access and commercial exploitation of resource and associated
knowledge.

Benefit-sharing: Benefit-sharing refers to an agreement of sharing benefits (both monetary and

nonmonetary) resulting from commercially exploiting the biological resources and associated knowledge
of a traditional community with that community.

The turmeric case:-

Turmeric is a tropical herb cultivated in eastern India. In India, turmeric powder is widely used as a
medicine, a food ingredient, and a dye to name just a few of its uses. It is used as a blood purifier, for
example, in the treatment of the common cold, and as an antiparasitic for many skin infections. It is also
used as an important ingredient in many Indian cuisines. In 1995, the United States issued a patent for
wound healing rights on turmeric to the University of Mississippi medical center. The asserted subject
matter was the use of “turmeric powder and its administration” for wound healing, both oral and
topical. It received an exclusive right to sell and distribute.

The Indian Council for Science and Industrial Research ( CSIR) had objected to the granted patent and
had provided USPTO with written proof of the prior art. While it was a well-established reality that
turmeric usage has been recognized in every household in India for ages, finding documented knowledge
on the use of turmeric powder through oral as well as topical routes for wound healing has been a
herculean job. Because of extensive research, there were 32 references in various languages namely
Sanskrit, Urdu, and Hindi. The USPTO, therefore, revoked the patent, stating that the claims in the patent
were obvious and anticipated, agreed that the use of turmeric was an ancient art of healing wounds.
Therefore, the TK that belonged to India was safeguarded in the Turmeric case.

What is traditional knowledge?

Traditional knowledge (TK) refers to the collective knowledge, innovations, and practices that are
developed and passed down through generations within indigenous and traditional communities. It
encompasses a wide range of fields, including agriculture, medicine, biodiversity conservation,
craftsmanship, traditional ecological knowledge, storytelling, and spiritual practices. Traditional
knowledge is deeply rooted in the cultural, social, and spiritual identity of communities and plays a
crucial role in their sustainable development and well-being.

How is Traditional Knowledge different?

What sets traditional knowledge apart is its cumulative nature and its integration with the local
environment and community customs. It is often transmitted orally or through practical demonstration,
embedded within cultural rituals, and intimately connected to the land, ecosystem, and traditional
practices of the community. Traditional knowledge is a result of the continuous observation,
experimentation, and adaptation of communities over centuries, making it a rich and valuable source of
information and expertise.

Traditional knowledge is holistic, encompassing not only practical know-how but also spiritual and
ethical dimensions. It offers insights into the relationships between humans and nature, emphasizing the
interconnectedness and interdependence of all living beings. Traditional knowledge systems often
promote sustainable resource management, biodiversity conservation, and the preservation of cultural
heritage.

The need to protect TK

The protection and preservation of traditional knowledge face significant challenges. One of the main
challenges is the risk of misappropriation and exploitation by external actors. Traditional knowledge has
been vulnerable to unauthorized use, biopiracy, and commercial exploitation without the consent or
benefit-sharing with the communities that hold it. This raises concerns about cultural appropriation, loss
of cultural identity, and the erosion of traditional practices.

Role of Intellectual Property Rights (IPR)

Intellectual property rights (IPRs) frameworks, primarily designed for individual creations, often
inadequately address the complexities of traditional knowledge. Traditional knowledge does not fit
neatly into the individualistic ownership models of IPRs, as it is often collective and arises from the
shared experiences and contributions of an entire community.

Efforts have been made at the international level to address these challenges and provide greater
recognition and protection for traditional knowledge. The Convention on Biological Diversity (CBD)
emphasizes the importance of traditional knowledge for the conservation and sustainable use of
biodiversity and recognizes the rights of indigenous and local communities in relation to their traditional
knowledge.
The World Intellectual Property Organization (WIPO) has also been involved in discussions and initiatives
related to traditional knowledge protection, including the development of sui generis systems and
databases for documenting and preserving traditional knowledge.

Balancing between the two regimes

To achieve a balanced approach, it is crucial to respect and recognize the rights of indigenous and local
communities as the custodians of traditional knowledge. This includes involving communities in decision-
making processes, ensuring their informed consent, and providing fair and equitable benefit-sharing
mechanisms. It also requires the integration of traditional knowledge into policymaking, research, and
development processes, fostering collaborative partnerships that bridge the gap between traditional
knowledge holders and other stakeholders.

By safeguarding traditional knowledge, we can promote cultural diversity, preserve valuable knowledge
systems, and support sustainable development that respects the rights and aspirations of indigenous and
local communities.

Balancing intellectual property rights (IPR) and the protection of traditional knowledge requires a
nuanced and culturally sensitive approach that acknowledges the unique characteristics of traditional
knowledge while respecting the principles of Intellectual property. Here are some key considerations for
achieving this balance:

1. Recognizing the Collective Nature of Traditional Knowledge: Acknowledge that traditional

knowledge is often owned collectively by indigenous and local communities. This requires
adapting the individualistic framework of IPR to accommodate collective ownership and control
mechanisms that empower communities to make decisions about the use, access, and
protection of their knowledge.
2.
3. Developing Alternative Forms of Protection: Explore and develop alternative forms of protection
that are more suitable for traditional knowledge. These may include sui generis systems
specifically designed for the protection of traditional knowledge, community-based protocols, or
customary laws that respect and preserve the communal nature of traditional knowledge.
4.

3. Prior Informed Consent and Benefit-Sharing: Prior informed consent (PIC) is essential in ensuring that
traditional knowledge is used with the permission and involvement of the communities that hold it.
Implement mechanisms that require engagement, negotiation, and mutually agreed-upon benefit-
sharing arrangements between traditional knowledge holders and users to ensure fair and equitable
distribution of benefits derived from the commercialization or utilization of traditional knowledge.
 5. Establishing Codes of Conduct and Best Practices: Develop and promote codes of conduct and
best practices that guide the appropriate and respectful use of traditional knowledge. These
guidelines should promote cultural sensitivity, avoid misappropriation or exploitation, and
encourage collaboration and cooperation between knowledge holders and users.
6.

5. Building Capacity and Empowering Communities: Provide support for capacity building initiatives that
empower indigenous and local communities to actively participate in decisions related to their
traditional knowledge. This includes education, training, and resources to enhance their understanding
of intellectual property concepts, negotiation skills, and strategies for effectively protecting and
managing their traditional knowledge.

7. Utilizing Traditional Knowledge as Prior Art: Recognize the value of traditional knowledge as
prior art in the evaluation of novelty and non-obviousness criteria for patentability. Establish
mechanisms to document and validate traditional knowledge as prior art, ensuring that it is
properly taken into account during the examination of patent applications.
8.

7. Encouraging Collaboration and Partnerships: Foster collaborations and partnerships between

traditional knowledge holders, researchers, scientists, and other relevant stakeholders. Such
collaborations can promote the exchange of knowledge, facilitate the integration of traditional
knowledge into innovation processes, and ensure the mutual benefit of all parties involved.

9. Raising Awareness and Respect: Promote awareness and respect for traditional knowledge and
its importance in sustainable development, cultural preservation, and biodiversity conservation.
This includes education campaigns, public outreach, and initiatives that raise the profile and
value of traditional knowledge within society.
10.

9. Engaging in International Dialogue and Policy Development: Participate in international forums and
discussions to contribute to the development of policies, legal frameworks, and international
agreements that address the protection and preservation of traditional knowledge. This includes
engagement with organizations such as WIPO, CBD, and UNDRIP, which are instrumental in shaping
global policies related to traditional knowledge and intellectual property.

IPR and traditional knowledge protection conflicts

The intersection between intellectual property rights (IPR) and the protection of traditional knowledge
has often given rise to conflicts and challenges. These conflicts stem from the fundamental differences
between the existing IPR framework, primarily designed for individual creations, and the collective and
dynamic nature of traditional knowledge.

Ownership and Collective Nature: Traditional knowledge is often owned collectively by indigenous and
local communities, where knowledge is passed down through generations. This poses a challenge in the
IPR framework, which is primarily based on individual ownership and control. The concept of granting
exclusive rights to a single individual conflicts with the collective nature of traditional knowledge, where
multiple individuals contribute to its development and preservation. Of course, there are instances
where a person or family can be specifically identified as custodians of the knowledge.

Prior Art and Public Domain: Traditional knowledge, due to its ancient origins, may already exist in the
public domain or be considered prior art. The IPR framework generally requires novelty and originality
for protection. However, traditional knowledge is often deemed to lack novelty because it has been in
existence for generations. This conflict raises questions about the eligibility of traditional knowledge for
intellectual property protection and creates uncertainties regarding its legal status.

Inadequate Recognition and Protection: Traditional knowledge holders have historically faced
inadequate recognition, protection, and benefit-sharing mechanisms under the existing IPR framework.
External actors have exploited traditional knowledge without the consent or fair compensation of the
communities that hold it. This raises concerns of misappropriation, cultural exploitation, and the erosion
of indigenous and local communities’ cultural heritage.

Inappropriate Use and Commodification: The commercialization and commodification of traditional

knowledge can also lead to conflicts. Traditional knowledge, which is often deeply tied to the spiritual,
cultural, and social fabric of communities, may be inappropriately used for commercial purposes without
due respect to its cultural significance. This can result in the dilution, misrepresentation, or distortion of
traditional knowledge, leading to cultural appropriation and loss of community control.

Access and Benefit-Sharing: The issue of fair and equitable access to traditional knowledge and the
sharing of benefits derived from its use is a significant source of conflict.

Indigenous and local communities argue for the need to control and regulate access to their traditional
knowledge, ensuring that any benefits arising from its commercialization or utilization are shared fairly
with the communities themselves. This conflicts with the current IPR framework, which often
emphasizes individual rights and may not adequately address the communal nature of traditional
knowledge.
Efforts have been made to address these conflicts and bridge the gap between IPR and traditional
knowledge protection.

Various international initiatives and agreements, such as the Convention on Biological Diversity (CBD),
World Intellectual Property Organization (WIPO), and United Nations Declaration on the Rights of
Indigenous Peoples (UNDRIP), have recognized the importance of traditional knowledge and called for its
protection, respect, and benefit-sharing. These efforts aim to develop alternative frameworks or
adaptations within the existing IPR system to accommodate the unique characteristics of traditional
knowledge and ensure the rights and interests of indigenous and local communities are respected.

Finding a balance between the protection of intellectual property rights and the preservation and
respect of traditional knowledge requires careful consideration of cultural, legal, ethical, and
socioeconomic factors.

It entails recognizing the collective nature of traditional knowledge, promoting informed consent and
involvement of communities, and implementing mechanisms that ensure fair benefit-sharing and
cultural sensitivity. Such an approach seeks to address the conflicts that arise between IPR and
traditional knowledge protection, fostering a more inclusive and equitable intellectual property
framework.

IPR framework and its incompatibility with TK

Existing intellectual property rights (IPR) laws provide legal frameworks for the protection and
enforcement of various forms of intellectual creations and innovations. These laws aim to incentivize and
reward creators, inventors, and innovators by granting them exclusive rights over their works. The
following is an elaboration of the main categories of IPR laws:

Patents: Patent laws grant inventors exclusive rights over their inventions, providing them with a
temporary monopoly on the commercial use and exploitation of their inventions. To be granted a patent,
an invention must meet specific criteria, including novelty, non-obviousness, and industrial applicability.
Patents are typically granted for a fixed period (usually 20 years), during which the inventor has the right
to exclude others from making, using, selling, or importing the patented invention.

Copyrights: Copyright laws protect original works of authorship, such as literary, artistic, musical, and
dramatic works, as well as software, architectural designs, and databases. Copyright grants the creator
exclusive rights to reproduce, distribute, publicly display, perform, and modify their work. In many
jurisdictions, copyright protection is automatic upon the creation of the work and lasts for the life of the
author plus a certain number of years (typically 50 to 70 years after the author’s death).

Trademarks: Trademark laws protect distinctive signs, symbols, logos, names, and slogans used by
businesses to distinguish their goods or services from those of others. Trademarks provide exclusive
rights to the owner and prevent others from using similar marks that may cause confusion among
consumers. Trademark protection can be obtained through registration with the relevant national or
regional trademark office. Trademarks can be renewed indefinitely as long as they are actively used and
their registration is maintained.

Trade Secrets: Trade secrets encompass valuable business information, formulas, processes, customer
lists, and technical know-how that are kept confidential by businesses to gain a competitive advantage.
Unlike patents or copyrights, trade secrets are not publicly disclosed but instead are protected through
secrecy and contractual agreements with employees, contractors, or partners. Trade secret protection
lasts as long as the information remains confidential and not publicly disclosed.Industrial Designs:
Industrial design laws protect the aesthetic and visual features of a product, such as its shape,
configuration, pattern, or ornamentation. Industrial design rights prevent others from producing or
selling products that bear a similar design that could cause confusion in the marketplace. Protection for
industrial designs can be obtained through registration with the relevant intellectual property office and
typically lasts for a fixed period (e.g., 10 to 25 years).

Geographical Indications: Geographical indications (GIs) identify products that originate from a specific
geographical region and possess certain qualities, characteristics, or reputation attributable to that
origin. GIs protect traditional and regional products, such as Champagne, Parmigiano-Reggiano, or
Darjeeling tea, from unauthorized use or imitation. GIs are often protected through national or
international registration systems.

It is important to note that IPR laws can vary between jurisdictions, and international agreements, such
as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade
Organization (WTO), provide a framework for harmonizing intellectual property protection globally.

While these existing IPR laws have proven effective in promoting innovation, creativity, and economic
growth, they face challenges in the context of traditional knowledge. Traditional knowledge, often held
collectively by indigenous and local communities, does not fit neatly into the individualistic framework of
IPR laws. This has prompted the need for developing additional mechanisms or adaptations to protect
and respect traditional knowledge while ensuring equitable benefit-sharing for the communities that
hold it.