Class Teaching of Competition Law

Topic- Nature & Characteristics of Traditional Knowledge

Submitted to,
Asst. Prof. Dr. Rakesh Mondal

Submitted by,
Suparna Garai
LLM 3rd Semester
Roll no. BUR/LAW/0024
MEANING OF TRADITIONAL KNOWLEDGE

Traditional knowledge is defined as "the knowledge that the indigenous people and communities have, in one or
more societies and in one or more patterns, including, but not limited to, art, dance, music, medicines and folk
remedies, folk culture, biodiversity, knowledge and protection of plant varieties, handicrafts, designs, and literature.“
created by continuous interaction, observation, experiment of the surrounding environment. Preserved by
generation after generation.

NEED OF TRADITIONAL KNOWLEDGE

 Equity and livelihood improvement
 Preservation of traditional knowledge for future use and promoting wider application
 Contribution to biodiversity
 commercial exploitation - Avoiding misappropriate use without the consent of TK holders
 Many of the traditional knowledge are passed down orally and tracing the origin of these knowledge often
becomes difficult. Therefore it is often open to exploitation.
CHARACTERISTICS OF TRADITIONAL KNOWLEDGE

Here are some key characteristics of traditional knowledge:

1. Oral Transmission: Traditional knowledge is primarily transmitted orally from one generation to the next. It is
shared through storytelling, songs, chants, and other forms of verbal communication, fostering a strong sense of
community and cultural identity.

2. Holistic Worldview: Traditional knowledge embraces a holistic worldview, recognizing the interconnectedness of all
aspects of life. It perceives the unity of humans, nature, and spirituality, emphasizing the harmony and balance
between them.

3. Cultural Embeddedness: Traditional knowledge is deeply rooted in specific cultural contexts. It reflects the values,
beliefs, customs, and traditions of a particular community, contributing to the preservation of cultural identity and
heritage.

4. Communal Ownership: Traditional knowledge is often viewed as collective property, belonging to the community
rather than individuals.

5. Experiential Learning: Traditional knowledge is acquired through direct experience, observation, and practical
engagement with the natural environment and community practices.
Characteristics continues……..

6. Sustainability and Resource Management: Traditional knowledge often encompasses sustainable resource
management practices, promoting the responsible use of natural resources and the preservation of biodiversity. It
includes traditional ecological knowledge related to agriculture, fishing, herbal medicine, and other areas.

7. Intergenerational Transfer: Traditional knowledge is passed down from elders and respected community
members to younger generations. This intergenerational transfer ensures the continuity and preservation of
cultural traditions and wisdom.

8. Contextual and Situational: It is location and culture specific, which means it is seen in a particular location or in
a particular culture.

9. Cultural Diversity and Dialogue: Traditional knowledge systems highlight the importance of cultural diversity
and encourage intercultural dialogue. They offer insights into different ways of knowing and understanding the
world, promoting mutual respect and cooperation.

10. Documentation: It is not systematically documented i.e. not in written format.

TYPES OF TRADITIONAL KNOWLEDGE

There are various kinds of Traditional Knowledge. Some of are mentioned below-
 Cultural Knowledge
 Artistic Knowledge
 Medicinal Knowledge
 Biodiversity/ Natural Resources Knowledge
 Agricultural Knowledge
 Sacred Knowledge

From its domain of application and associated management approaches, TKS can be categorized as

Traditional Knowledge

Traditional Ecological Traditional Technical Traditional Value and

Knowledge (TEK) Knowledge (TTK) Ethics (TVE)
Traditional Ecological Knowledge (TEK)

 TEK is the evolving knowledge that indigenous and local people have developed over hundreds or thousands of
years through close interaction with the environment.
 This knowledge is local to a place and includes the connections between the plants, animals, natural phenomena,
and the landscape that are used for subsistence.

Traditional Technical Knowledge (TTK)

 TTK stands for the knowledge relating to the creation and development of tools, implements, and gears for
various applications in the context of indigenous communities' management of natural resources.
 These activities include in agriculture, fishing, animal husbandry, forestry, handicrafts, and fishery etc.
 Additionally, TTK stands for knowledge and expertise in design and construction, including houses, water
harvesting structures, roads, and bridges.

Traditional Value and Ethics (TVE)

 The idea of sacred animals, places, forests, and water bodies develops during the process.
 This encompasses seasonality-based activities like banning fishing during the breeding season and extracting
forest resources during the blossoming season, among others.
SOME OF THE ANCIENT PRACTICE OF TRADITIONAL KNOWLEDGE

Traditional Water harvesting practices

There are many age-old-practices of harvesting water in the country. Basically to collect rainwater, restore surface flow
of water, ground water recharging, etc. These are based on simple technology and defined management principles. For
example-

1. Step well, an ancient water harvesting structure

 A step well is exactly what it sounds like- steps down to a well.
 The earliest step wells date back to about 550 AD were developed in India as a necessity for areas suffering from
torrential seasonal rains. Such as- Tanka & Johad, an ancient water harvesting system in Rajasthan, Zabo a traditional
practices among the Naga communities, Nagaland.

2. Bamboo drip irrigation

 In different states of North-Eastern part of India Bamboo drip irrigation is a common practice.
 The design of the Bamboo pipe for irrigation varies with variation of rainfall, which reflects the uniqueness of
traditional knowledge system of the local communities.
Traditional agricultural practices
 These practices are followed in selection of crop varieties, land selection, land preparation, soil fertility,
management, pest and disease management, irrigation, harvesting, post-harvest management, seed preservation,
etc.
 Moreover there are different tools and implements used for this purpose.
 For example-
1. There are different shapes and sizes of ploughs and hoes used for tilling of soil in the country, which varies
from region to region based on soil quality, terrain condition and the crop used for cultivation.
2. Different seed preservation techniques.
Traditional Medical Practice
 Neem use for any kind of fungal infection on
skin.
 If we cut our fingers while chopping
vegetables or got hurt while playing,
immediately, we apply turmeric paste on
the wound that is healed in a day or two.
 In case of cough and cold, we use basil
leaves (tulsi) to get rid of it.
 Bone setters set the broken bone with
herbal medicines.
 By stimulating the body‘s various systems,
acupuncture can help to resolve pain, and
improve sleep, digestive function, and sense
of wellbeing.
 Ayurveda used for eliminating impurities,
reducing symptoms, increasing resistance to
disease, reducing worry, and increasing
harmony in life.
PROTECTION LAWS FOR TRADITIONAL KNOWLEDGE
Different TK may be protected in different ways, like in the form of patent (ex.- traditional medicine), some in the form
of plant varieties, GI in other cases.
International Initiatives
 Convention on biological diversity - It encourages the protection of traditional knowledge through various means,
such as prior informed consent and fair and equitable benefit-sharing.
 Nagoya Protocol - Nagoya Protocol is a supplementary agreement to the CBD, focusing specifically on access to
genetic resources and the fair and equitable sharing of benefits derived from their utilization .
 World Intellectual Property Organization (WIPO) - The organization acknowledges the value of traditional
knowledge and has explored mechanisms to protect it within the intellectual property framework. They can be
provided with two kinds of protection in the intellectual property system. They are:
Positive Protection - Positive protection is the act of providing traditional knowledge holders with the rights to
take necessary action and seek remedies against the misuse of the knowledge base.
Defensive Protection - Defensive mechanism, on the other hand, refers to the steps taken by traditional
knowledge owners to prevent the acquisition of their Intellectual Property rights.
 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) - UNDRIP recognizes the rights of
indigenous peoples, including their right to protect, preserve, and transmit their traditional knowledge
Some of the legislative measures to protect TK are-
• The Biological Diversity Act (2002),
• The Protection of Plant Varieties and Farmers' Rights Act (2001) and
• The Geographical Indication of Goods (Registration And Protection) Act, 1999.
CASE LAWS ON TRADITIONAL KNOWLEDGE

Basmati Rice Case

The Basmati Rice Case highlights the significance of protecting geographical indications (GIs) and cultural heritage in
the context of agricultural products.

Basmati rice originates from the Indian subcontinent, primarily cultivated in India and Pakistan. It holds immense
cultural and economic importance for the region, being a staple food and a significant export commodity. The
distinctive characteristics of Basmati rice are intrinsically linked to the specific soil, climate, and traditional farming
practices of the region, resulting in a premium product highly sought after worldwide.

The Basmati Rice dispute emerged when producers outside India and Pakistan began labeling their rice products as
"Basmati" without adhering to the region-specific cultivation techniques or meeting the required quality standards.
This raised concerns among the original Basmati producers who feared potential damage to their reputation and
market share due to the dilution of the term.

Both India and Pakistan took legal actions to protect the Basmati GI. India filed several applications to register
Basmati as a protected GI in various countries, leading to successful outcomes in some cases. The countries also
collaborated to ensure the international recognition and protection of Basmati as a joint GI.
Thank You