Traditional Knowledge of the earth is based on thousands of years’ experience. It is developed and preserved by local and endogenous communities for centuries as a strategy for their survival in the biosphere. Traditional Knowledge (TK) is essentially culturally oriented or culturally based, and it is integral to the cultural identity of the social group in which it operates and is preserved. Traditional Knowledge is an open ended way to refer to tradition based literary, artistic or scientific works, perform ones, inventions scientific discoveries, designs; marks names and symbols, undisclosed information and all other tradition on based innovations and creations resulting from intellectual activity. The definition of Traditional Knowledge use by the World Intellectual Property Office (WIPO) includes indigenous knowledge relating to categories such as agricultural knowledge medicinal knowledge, biodiversity related knowledge and expression of folklore in the form of music, dance, song, handicraft designs stories and artwork.


Copyright, Geographical Indication, Patents, Trade Secrets, Trademark


  • Joshua P. Rosenthal, Equitable Sharing of Biodiversity benefits: Agreements on Genetic Resources, in OECD, Investing in Biological Diversity: The Claims Conference, Organization for Economic Co-operation and Development, Paris, France, 1997.

  • Naomi Roht-Arriaza, “Of Seeds and Shamans: The Appropriation of the Scientific and Technical Knowledge of Indigenous and Local Communities,” MICH. J INT’L L., Vol. 17, 1996, p. 926.

  • Hirscheifer and Riley, The Economics of Uncertainty and Information, Cambridge University Press, 1995.

  • Section 2 (j) of the Patent Act, 1970 as inserted by the Patent Amendment Act, 2002.

  • J. K. Das, Intellectual Property Rights, Kamala Law House, Kolkata, (2008), p. 258.

  • Section 2(l) of The Patents Act, 1970 as inserted by the Patent (Amendment) Act 2005.

  • Lalubhai Chakubhai Jariwal v. Chimanlal & Co., AIR 1936 Bom. 99 and Monsanto Company v.

  • Coramandal Indug Products (P) Ltd., AIR 1986 SC 712,

  • Supra note 4.

  • Section 2(1)(a)(c) of The Patent Act, 1970, as inserted by Patent (Amendment) Act 2002.

  • Article 27 of UDHR which recognizes the material interests resulting from any scientific, literary or artistic production.

  • Wiley Eastern Ltd. v. Indian Institute of Management, 1995 PTR, 53 and Mannu Bhandari v. Kala Vikas Pictures Pvt. Ltd., AIR 1987 Del. 13.

  • Ibid.

  • WIPO Report on Fact-finding Missions on Intellectual Property and Traditional Knowledge (1998-1999) Published in April2001.

  • Section 38 of the Indian Copyright Act, 1957, as substituted by Act 38 of 1994.

  • Under Article 39 of the TRIPS.

  • David Bainbridge, Intellectual Property, 4thed., Pitman Publishing, London, 1999, p. 285.

  • Trading Into the Future: The Introduction to the WTO, intellectual Property Protection and Enforcement, World Trade Organization, August 2002 at <> and < thewto_e/whatis_e/tif/agrm6_e.htm>, visited on Feb. 16, 2017.

  • Geetanjali Lakotia, “Trade Secret Laws: Do We Need Them in India – A Comparative Analysis”,

  •, visited on Feb 15, 2017

  • Supra note 16.