Browsing by Author "Karn, Shambhavi"

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    Towards A Sui Generis Regime for Traditional Knowledge Protection in India: A Critical Analysis of Existing Frameworks and Empirical Realities
    (National Law University and Judicial Academy, Assam, 2025-06) Karn, Shambhavi
    Traditional knowledge (TK) constitutes a foundational element of India’s cultural heritage and is instrumental in sustaining the socio-economic development of indigenous and local communities. Despite its significance, TK remains highly vulnerable to exploitation and susceptible to misappropriation and commercialization, both domestically and internationally, largely due to the inadequacies and fragmentation inherent in the current intellectual property rights (IPR) regime. The existing legal frameworks, such as the Patents Act, Biological Diversity Act, and Geographical Indications Act, provide only partial and fragmented safeguards for traditional knowledge. They fall short in addressing the collective nature, dynamic evolution, and oral transmission of this knowledge, which makes it difficult to fit traditional knowledge within the conventional intellectual property system. The present laws make it difficult to define ownership, novelty or fit within fixed statutory terms when trying to safeguard TK.