Sui generis boosts opportunities---protects against TK (traditional knowledge) misappropriation
Raj 24 [Praveen Raj is a scientist and technology transfer expert currently working as a Senior Principal Scientist in CSIR's National Institute for Interdisciplinary Science and Technology (NIIST) in Thiruvananthapuram. He also serves as honorary Professor (faculty of Engineering Sciences) in Academy of Scientific & Innovative Research (AcSIR). Mr. Raj played a key role in devising IPR Policy of Government of Kerala, which addresses the concerns on traditional knowledge protection, 5/26/24, “Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK”, accessed 7/2/24]staghi
There shall be adequate protection available against misappropriation of TK, the reason being that it affects the livelihoods of the TK practitioners. A sui generis legislation shall also ensure opportunity to any person even outside the custodian community for enrichment of TK. However, financial benefits from such exploitation of TK should flow down and reach all the stakeholders. This can only be ensured if knowledge societies are registered and its membership is governed systematically. In order to create such a system, it is to be ensured that TK holders/communities register a "knowledge society" according to the laws of the country. The TK holders/communities shall be recognized as custodians of the said TK only after that. After registering the "knowledge society", they can apply to the appropriate Government (deemed owner of TK) for recognition as custodians. It is the responsibility of the respective state governments to encourage individual practitioners of tK or communities to form knowledge societies. When the custodians are officially recognized, they get the power to manage the TK according to the statute. They are also empowered to market their TK as they deem appropriate, ensuring that any commercial value in it would benefit them first. Government authorities should empower the TKcommunities to obtain Patents on the innovations made by them on the TK and to negotiate with the potential customers. It is also necessary to educate them that no patents could be obtained, within India or abroad, on any TK per se or aggregation thereof, obtained from any region or place, irrespective of whether it is in the custody of a community/ individual or in public domain
(TK – Traditional Knowledge)