Ingenuity of Indigenous Knowledge: A Conceptual Justification
Article Details
Pub. Date
:
Jul, 2013
Product Name
:
The IUP Law Review
Product Type
:
Article
Product Code
:
IUPLR51307
Author Name
:
Aarati Tyagi
Availability
:
YES
Subject/Domain
:
Law
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:
PDF Format
No.
of Pages
:
9
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Abstract
The concept of ‘intellectual property’ is found to be the hallmark of human intelligence and finally human intelligence has landed on ‘tradition’ to churn out property. Industrially-civilized communities may not possess tradition as a source of property, but the sumptuous tribal communities possess a vast resource of traditional culture and cultured tradition. When we lose tradition, we become insipid. But when we lose Traditional Knowledge (TK), we are lifeless and extinct. Where tradition itself cannot be resurrected, there is clearly a need for alternative ways to keep TK alive. The TK of harmless tribal communities, underdeveloped and developing countries is devastatingly plundered by the so-called scientifically advanced nations to the detriment of human development and sustainable development theories, a menace to many of the African and Asian countries. Justice Krishna Iyer’s classical quote is worth mrntioning here: “In the guise of globalization, the developed countries are taking the developing countries for a ride”. This paper tersely enunciates the concept of TK and its utility for human kind and its role in the national economic fabric.
Description
God has abundantly provided for the needs of all creatures for all times in this universe, but man has plundered nature’s natural resources depleting the natural strength of creation. This human nature of perpetual quest for knowledge is positively identified as ‘intellect’ or ‘intelligence’. A positive construction of intelligence may lead to the augmentation of nature’s power, whereas a negative or perverse utilization of human intellect may result in self-destruction too.
When we lose tradition, we become insipid or pale. But when we lose Traditional Knowledge (TK), we are lifeless and extinct. Where tradition itself cannot be resurrected, there is clearly a need for alternative ways to keep TK alive.
Keywords
Law Review Journal, Protection, Ingenuity, Indigenous Knowledge, Conceptual Justification, Traditional Knowledge (TK), Intellectual Property (IP), World Intellectual Property Organization (WIPO), Traditional Environmental Knowledge (TEK).