Traditional Indian Medicine and Intellectual Property Rights: An Indian Perspective

  • Dr. Sushma Singh
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  • Dr. Sushma Singh

    Assistant Professor at School of Law, Sharda University, India

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Abstract

Traditional medical knowledge is abundant in India, and it can be discovered in Indian woodlands and other sites. Multinational businesses are rushing to seize control of valuable bio-products, filing patents on everything that moves. The patent system has become tainted to the point where global corporations may now obtain patents with ease. Bio piracy isn't just a problem in the pharmaceutical industry. Other countries have patented the neem tree, tamarind, turmeric, and Darjeeling tea, among other things, for monetary reasons. In 1976, the World Health Organization recognized traditional medicines. Traditional medical knowledge has been preserved thanks to the 1992 signing of the Convention on Biological Diversity. The Indian government's Council for Scientific and Industrial Research plays a key role in documenting Traditional Knowledge in the Traditional Knowledge Digital Library. It has proven to be beneficial in terms of Traditional Knowledge protection. In the end, global bio-piracy aims to reconstruct a framework for comprehending how patent law doctrines, principles, and cultural elements assist and legitimate the theft and appropriation of indigenous peoples' traditional medicine knowledge. The current study focuses on India's traditional knowledge sector experience. In this work, I make the case that strong patent protection has harmed indigenous peoples and their traditional medical knowledge. In order to regulate the rising prevalence of bio piracy, a unique legal structure is urgently needed. India is a developing country that can become developed with the support of appropriate intellectual property laws and government initiatives.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1405 - 1415

DOI: https://doij.org/10.10000/IJLMH.112060

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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