Traditional Knowledge Of India

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Traditional Knowledge Of India

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Questions:
1.Why is this Case an Example of Traditional Knowledge?

2.What lessons from this case could be used in future Traditional Knowledge Cases?

3.What are the Moral Issue evident in this Case?

Answers:
1.The case of medicinal patent controversy is an example of traditional knowledge because India is a pioneer in the formation of several customary techniques and methods by its indigenous community. The notion of safeguarding, defense and promotion of the traditional knowledge is chiefly significant for developing India as it hold rich legacy in Traditional Knowledge and its biodiversity provides a vital role in the sectors like health, food safety, art, and music etc.

2.The case provides numerous glances for future traditional knowledge cases due to its affirmative response received by the authenticity of material evidences produced by traditional knowledge digital library (TKDL). The bold step of TKDL opens the new dimensions in enabling speedy and cost free withdrawal of future patent applications. The case settled various controversies in traditional knowledge like infringement of patent law, external pressures of international legislation on Indian patent law, protection of Indian culture, and non-imposition of actual cost (Dutfield, 2010).
3.The moral issue in the case shown by factor like India give equal preference to both economic and moral rights regard to the protection of Traditional knowledge. In the context of the case, the moral issue was to preserve a core essence of knowledge of medicinal formulations. Such medicinal formulation was gained by efforts of indigenous community which was expressed in their linguistic languages. It clearly evident that India values the traditional knowledge of the indigenous Indians (Dagne, 2012)

References
Dutfield, G. (2010). Intellectual property, biogenetic resources, and traditional knowledge. Earthscan.
Dagne, T. W. (2012). Intellectual Property, Traditional Knowledge and Biodiversity in the Global Economy: The Potential of Geographical Indications for Protecting Traditional Knowledge-Based Agricultural Products (Doctoral dissertation).

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