The Clarion- International Multidisciplinary Journal
  • Year: 2014
  • Volume: 3
  • Issue: 1

Traditional Knowledge in North-East India: scope for a sui generis protection

  • Author:
  • Neelotpal Deka
  • Total Page Count: 6
  • Page Number: 92 to 97

Gauhati University Institute of North-East India Studies, Gauhati University, Guwahati, India

*Corresponding author: only4_pol@yahoo.co.uk

Online published on 3 January, 2014.

Abstract

Traditional knowledge (TK) is a collectively owned property and is integral to the cultural or spiritual identity of the social group in which it operates and is preserved. TKs in North-East India are heritage, and therefore, in recent years have assumed immense significance for its protection. The article attempts to trace the legal protection that should be accorded to traditional knowledge in North-East India. North-East India (along with India) does not have any specific legislation for protecting traditional knowledge. This article focuses on insertion of a constitutional provision and also on sui generis legal protection of TK in North-East India. This paper also suggests adoption of new law by referring to provisions of various international legislation and national legislations in various countries.

Keywords

Indigenous, Traditional Knowledge (TK), sui generis, Intellectual Property, Patent, Prior Art, North-East India