SAFEGUARDING TRADITIONAL KNOWLEDGE ANDBENEFIT-SHARING: A STUDY WITH SPECIAL REFERENCE TO INDIAN LEGISLATURE

SAFEGUARDING TRADITIONAL KNOWLEDGE ANDBENEFIT-SHARING: A STUDY WITH SPECIAL REFERENCE TO INDIAN LEGISLATURE

Registration ID: IJNRD_222783

Published ID: IJNRD2406009

DOI: Click Here to Get

Pranjal Pankaj Gupte

Biological Diversity, Traditional Knowledge, Constitution of India, Benefit sharing, Indigenous Community.

In India, the legal framework and the protection of traditional knowledge in biodiversity conservation is intricate and continuously developing. The important legislation which governs the area is the Biodiversity Act, 2002 which sets up a three-tier system to help regulating the access to biological resources and which is closely associated with the traditional knowledge so as to ensure the fair and just sharing of benefits. Apart from the Biological Diversity Act, 2002 there are other acts which governs the safeguarding of traditional knowledge includes Protection of Plants Varieties and Farmers Rights Act, 2001 and the Patent Act, 1970 (amended in 2005). Although there are laws which exists to protect the traditional knowledge in India, it still faces number of challenges to its effective protection. One of the challenges is the inappropriate and comprehension of traditional knowledge amongst the policymakers and the implementers. Moreover, enforcing agreements for benefit sharing also possess challenges. In this research, the researcher will examine the constitutional aspects of legal structure for safeguarding the traditional knowledge and benefit sharing. The researcher will also contend that the privilege of traditional knowledge is a basic right under the Indian Constitution, which is grounded in Article 21 (Right to life and personal liberty), Article 14 (Right to Equality), Article 29 and Article 30(Cultural and Educational Rights)

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"SAFEGUARDING TRADITIONAL KNOWLEDGE ANDBENEFIT-SHARING: A STUDY WITH SPECIAL REFERENCE TO INDIAN LEGISLATURE", IJNRD - INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT (www.IJNRD.org), ISSN:2456-4184, Vol.9, Issue 6, page no.a90-a99, June-2024, Available :https://ijnrd.org/papers/IJNRD2406009.pdf

Volume 9 Issue 6, June-2024

Pages : a90-a99

Paper Reg. ID: IJNRD_222783

Published Paper Id: IJNRD2406009

Downloads: 000121216

Research Area: Science & Technology

Country: Thane, Maharashtra , India

Published Paper PDF: https://ijnrd.org/papers/IJNRD2406009.pdf

Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2406009

Journal Name: INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT(IJNRD)

ISSN: 2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar | ESTD YEAR: 2016

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This work is licensed under a Creative Commons Attribution 4.0 International License and The Open Definition

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