Patenting Traditional Knowledge: Legal Challenges

Information about the past has always been simple to get, which means it has been stolen. Intellectual property rights are one place where old and new scientific facts can come together. It's important to know that TRIPS don't accept or support traditional knowledge. There is a "sui generis" scheme phrase in the TRIPS text. This is the case because their views are based on very different culture and social norms. To keep indigenous information safe, a method should be used that is both unique and tailored to the needs of the area. The one-of-a-kind model has some good points, but it doesn't have a good way to share those points and include common information, just like the IP tools in TRIPS. Having something is the main reason to protect your IPR. It's the point of this paper to show that Traditional information can't be protected by IPR laws since it's general information that wasn't created by a single person but by many. People in the developing world are very worried about patents being given for ideas that aren't really new and are based on things that people there already know. It also says that the main problem with Patent by Traditional Knowledge is that there aren't enough complete records that all patent offices can use. Researchers have found that it's not always clear who owns knowledge systems that are passed down from one generation to the next or that come from group work. This is one of the main issues with putting traditional information under patent. People often tell each other traditional stories, so the information isn't always new or clear. Over time, it changes to fit new needs and goals. This is why Patents haven't worked well for societies that have been around for a long time. This paper talks about more than just biopiracy and biomedicines. It also talks about what the Indian government has done to make things better.