Abstract
South Asian countries are endowed with rich traditional knowledge, indigenous knowledge and traditional cultural expressions. Such knowledge has played a key role in development of traditional livelihoods, e.g. craft making as well as time-tested practices in agriculture, health care and sustainable use of environment. However, as most of this knowledge is held by local and tribal communities without systematic documentation, it is amenable to loss over generations and also misappropriation. We take a look in this chapter traditional knowledge protection frameworks and regulations in identified countries of South Asia along with challenges in its conservation.
This is a preview of subscription content, log in via an institution to check access.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
The difference between traditional knowledge and indigenous knowledge is subtle. Indigenous knowledge is usually referred to such traditional knowledge that is held by an indigenous community; in contrast, traditional knowledge is more generic. Thus, while all indigenous knowledge is traditional knowledge, all traditional knowledge is not necessarily indigenous knowledge.
- 2.
Ayurveda, Siddha, Unani and Yoga constitute indigenous systems of medicine practiced in India. The doctrine of Ayurveda aims to keep structural and functional entities of the human body in a functional state of equilibrium, which signifies good health. It is based on the five element theory. Siddha system of medicine contends that medical treatment for human is oriented not merely to the disease, but also to the ecosystem of the individual thus taking into account the patient, environment, age, habits and physical condition. Unani System of medicine is based on established knowledge and practices relating to promotion of positive health and prevention of diseases. It originated in Greece and moved eastwards being greatly enriched by the Arabs before reaching India during the medieval periods. Yoga is a way of life to improve the physical and mental well-being of individuals through influence of behavioural patterns. (Reference: Arthapedia, www.arthapedia.in)
- 3.
Traditional Medical Intelligence: Traditional Thai medicinal Intelligence means the basic knowledge and capability concerned with traditional Thai medicine which encompass medicinal procedures concerned with examination, diagnosis, therapy, treatment or prevention, promotion and rehabilitation of the health of humans or animals. The knowledge also covers production of traditional Thai drugs and devices that has been passed down along generations.
References
Indigenous knowledge. World Bank. http://www.worldbank.org/afr/ik/. Accessed 25 Sept 2017
Hirwade M, Hirwade A (2012) Traditional knolwedge protection: an Indian perspective. DESIDOC J Libr Inf Technol 32:240–248
Chaudhury A, Singh N (2012) IPR and patents in the perspective of ayurveda. Int Q J Res Ayurveda 33:20–26
James T (2016) IPR issues related to medicinal and aromatic plants (herbs and their allied products). J Tradit Folk Pract 2,3,4:7–17
The Biological Diversity Act 2002. Government of India (2002)
The Protection of Plant Varieties and Farmers Rights Act 2001. Gazette of India, Government of India No 64 (2001)
Afreen S (2008) Biopiracy and protection of traditional knowledge: intellectual property rights and beyond. Indian Institute of Management Calcutta Working Paper 629
Gupta V (2005) Traditional knowledge digital library. In: Sub-regional experts meeting in Asia on intangible cultural heritage: safeguarding and inventory making methodologies, Bangkok
Rahaman MR (2015) Protection of traditional knowledge and traditional cultural expressions in Bangladesh. J Intellect Prop Rights 20:164–171
Draft Biodiversity and Community Knowledge Protection Act, 1998. Government of Bangladesh (1998)
Draft Plant Variety and Farmers Rights Protection Act, 2014. Government of Bangladesh (2014)
The Biodiversity Act of Bhutan, Water Sheep Year 2003. Ministry of Agriculture, Royal Government of Bhutan (2003)
Poudel B et al (2010) Implementing ABS regime in Nepal through community based biodiversity management framework. J Agric Environ 11:143–157
Watson M, Gamage G (1998) Status and trends in access to genetic resources and traditional knowledge in Sri Lanka. In: South and South East Asia regional workshop on access to genetic resources and traditional knowledge, IUCN Regional Biodiversity Programme, Chennai
Act on the protection and promotion of Thai traditional medicinal intelligence, B.E. 2542. WIPO (1999). http://www.wipo.int/edocs/lexdocs/laws/en/th/th019en.pdf. Accessed 25 Sept 2017
Traditional Cultural Expressions. WIPO. http://www.wipo.int/tk/folklore. Accessed 25 Sept 2017
Zografos D (2007) Legal protection of traditional cultural expressions in east and southeast Asia: An unexplored territory. Aust Intellect Prop J 18:167–178
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2018 Springer Nature Singapore Pte Ltd.
About this chapter
Cite this chapter
Bandyopadhyay, D. (2018). Protection of Traditional Knowledge and Indigenous Knowledge. In: Securing Our Natural Wealth. South Asia Economic and Policy Studies. Springer, Singapore. https://doi.org/10.1007/978-981-10-8872-8_6
Download citation
DOI: https://doi.org/10.1007/978-981-10-8872-8_6
Published:
Publisher Name: Springer, Singapore
Print ISBN: 978-981-10-8871-1
Online ISBN: 978-981-10-8872-8
eBook Packages: Economics and FinanceEconomics and Finance (R0)