Time-honoured traditions under threat

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Anushri Gupta of Remfry & Sagar explains why existing laws are inadequate to protect India’s traditional knowledge

As one of the world’s most bio-diverse countries, India is well endowed with traditional knowledge, particularly that relating to the properties of plant species. The medicinal effects of tulsi (holy basil), for example, have been passed down through generations for centuries.

In recent years, scientists and big businesses have also got in on the act, often using traditional knowledge as a starting point for the research and development of new products. As a result, traditional knowledge has made the transition from being an informally owned, freely shared practice to a formally owned, tradable commodity.

Anushri Gupta
Anushri Gupta

The transformation has had advantages and disadvantages. On the positive side, the formal ownership of traditional knowledge can help to protect it. Indeed, when traditional knowledge is not formally recognized, the lack of documentation and systems for dissemination put it at risk of being lost. Similarly, the indiscriminate and unregulated use of knowledge may result in the depletion of scarce resources, such as medicinal plants.

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Anushri Gupta is a senior associate at Remfry & Sagar with a PhD in biotechnology. A registered patent agent, she has more than five years of experience in various areas of patent law and practice, particularly patent prosecution, patent opposition, patent searches and plant variety protection.

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