Published Paper Details:

Indigenous Knowledge, also known as Traditional Knowledge, refers to the shared knowledge, innovations, cultural practices and innovations which are accumulated by the native groups through generations. The knowledge contributes to biodiversity protection, traditional medicine, agriculture, environment sustainability and cultural legacy. However, the rapid growth of digital technology and Artificial Intelligence has increased the possibility of unauthorized access, biopiracy, digital appropriation and commercial exploitation of the Indigenous Knowledge without their consent. Intellectual Property Rules which primarily aimed at protecting individual creativity, often fail in recognizing the collaborative and intergenerational nature of indigenous knowledge. India has implemented various statutes to address the above issue such as Patents Act of 1970, the Biological Diversity Act of 2002 and the Geographical Indications of Goods Registration and Protection) Act of 1999. The present study adopts a qualitative doctrinal research methodology to assess the effectiveness of India's legal framework in preserving Indigenous Knowledge in the digital world. Further, the study seeks to examine prominent international instruments, including the Convention on Biological Diversity (CBD), the Nagoya Protocol and various initiatives undertaken by World Intellectual Property Organisation (WIPO). The findings of the study indicates that despite India's significant efforts to prevent biopiracy, the effective and sustainable preservation of Indigenous Knowledge depends on the enactment of a comprehensive legal framework integrating Artificial Intelligence (AI) governance, meaningful involvement of Indigenous communities and equitable benefit sharing mechanisms.