MEANING OF TRADITIONAL KNOWLEDGE

Traditional knowledge is defined as "the knowledge that the indigenous people and
communities have, in one or more societies and in one or more patterns, including, but not
limited to, art, dance, music, medicines and folk remedies, folk culture, biodiversity, knowledge
and protection of plant varieties, handicrafts, designs, and literature. Created by continuous
interaction, observation, experiment of the surrounding environment. Preserved by generation
after generation.

NEED FOR PROTECTION OF TRADITIONAL KNOWLEDGE

➢ Equity and livelihood improvement

➢ Preservation of traditional knowledge for future use and promoting wider application
➢ Contribution to biodiversity
➢ commercial exploitation - Avoiding misappropriate use without the consent of TK
holders
➢ Many of the traditional knowledge are passed down orally and tracing the origin of
these knowledge often becomes difficult. Therefore, it is often open to exploitation.

CHARACTERISTICS OF TRADITIONAL KNOWLEDGE

Here are some key characteristics of traditional knowledge:

1. Oral Transmission: Traditional knowledge is primarily transmitted orally from one generation
to the next. It is shared through storytelling, songs, chants, and other forms of verbal
communication, fostering a strong sense of community and cultural identity.

2. Holistic Worldview: Traditional knowledge embraces a holistic worldview, recognizing the

interconnectedness of all aspects of life. It perceives the unity of humans, nature, and
spirituality, emphasizing the harmony and balance between them.

3. Cultural Embeddedness: Traditional knowledge is deeply rooted in specific cultural contexts.

It reflects the values, beliefs, customs, and traditions of a particular community, contributing to
the preservation of cultural identity and heritage.

4. Communal Ownership: Traditional knowledge is often viewed as collective property,

belonging to the community rather than individuals.

5. Experiential Learning: Traditional knowledge is acquired through direct experience,

observation, and practical engagement with the natural environment and community practices.

6. Sustainability and Resource Management: Traditional knowledge often encompasses

sustainable resource management practices, promoting the responsible use of natural
resources and the preservation of biodiversity. It includes traditional ecological knowledge
related to agriculture, fishing, herbal medicine, and other areas.

7. Intergenerational Transfer: Traditional knowledge is passed down from elders and respected
community members to younger generations. This intergenerational transfer ensures the
continuity and preservation of cultural traditions and wisdom.

8. Contextual and Situational: It is location and culture specific, which means it is seen in a
particular location or in a particular culture.

9. Cultural Diversity and Dialogue: Traditional knowledge systems highlight the importance of
cultural diversity and encourage intercultural dialogue. They offer insights into different ways of
knowing and understanding the world, promoting mutual respect and cooperation.

10. Documentation: It is not systematically documented i.e., not in written format.

TYPES OF TRADITIONAL KNOWLEDGE

There are various kinds of Traditional Knowledge. Some of are mentioned below-
➢ Cultural Knowledge
➢ Artistic Knowledge
➢ Medicinal Knowledge
➢ Biodiversity/ Natural Resources Knowledge
➢ Agricultural Knowledge
➢ Sacred Knowledge

From its domain of application and associated management approaches, TKS can be
categorized as
• Traditional Ecological Knowledge (TEK)
• Traditional Technical Knowledge (TTK)
• Traditional Value and Ethics (TVE)

Traditional Ecological Knowledge (TEK)

❖ TEK is the evolving knowledge that indigenous and local people have developed over
hundreds or thousands of years through close interaction with the environment.
❖ This knowledge is local to a place and includes the connections between the plants,
animals, natural phenomena, and the landscape that are used for subsistence.
Traditional Technical Knowledge (TTK)
❖ TTK stands for the knowledge relating to the creation and development of tools,
implements, and gears for various applications in the context of indigenous
communities' management of natural resources.
 ❖ These activities include in agriculture, fishing, animal husbandry, forestry, handicrafts,
and fishery etc.
❖ Additionally, TTK stands for knowledge and expertise in design and construction,
including houses, water harvesting structures, roads, and bridges.
Traditional Value and Ethics (TVE)
❖ The idea of sacred animals, places, forests, and water bodies develops during the
process.
❖ This encompasses seasonality-based activities like banning fishing during the breeding
season and extracting forest resources during the blossoming season, among others.

SOME OF THE ANCIENT PRACTICE OF TRADITIONAL KNOWLEDGE

Traditional Water harvesting practices
There are many age-old-practices of harvesting water in the country. Basically, to collect
rainwater, restore surface flow of water, ground water recharging, etc. These are based on
simple technology and defined management principles. For example-
1. Step well, an ancient water harvesting structure
▪ A step well is exactly what it sounds like- steps down to a well.
▪ The earliest step wells date back to about 550 AD were developed in India as a necessity
for areas suffering from torrential seasonal rains. Such as- Tanka & Johad, an ancient
water harvesting system in Rajasthan, Zabo a traditional practice among the Naga
communities, Nagaland.
2. Bamboo drip irrigation
▪ In different states of North-Eastern part of India Bamboo drip irrigation is a common
practice.
▪ The design of the Bamboo pipe for irrigation varies with variation of rainfall, which
reflects the uniqueness of traditional knowledge system of the local communities.

Traditional agricultural practices

▪ These practices are followed in selection of crop varieties, land selection, land
preparation, soil fertility, management, pest and disease management, irrigation,
harvesting, post-harvest management, seed preservation, etc.
▪ Moreover, there are different tools and implements used for this purpose.
▪ For example-
1. There are different shapes and sizes of ploughs and hoes used for tilling of soil in the
country, which varies from region to region based on soil quality, terrain condition and the crop
used for cultivation.
2. Different seed preservation techniques.

Traditional Medical Practice

▪ Neem use for any kind of fungal infection on skin.
▪ If we cut our fingers while chopping vegetables or got hurt while playing, immediately,
we apply turmeric paste on the wound that is healed in a day or two.
▪ In case of cough and cold, we use basil leaves (tulsi) to get rid of it.
 ▪ Bone setters set the broken bone with herbal medicines.
▪ By stimulating the body‘s various systems, acupuncture can help to resolve pain, and
improve sleep, digestive function, and sense of wellbeing.
▪ Ayurveda used for eliminating impurities, reducing symptoms, increasing resistance to
disease, reducing worry, and increasing harmony in life.

PROTECTION LAWS FOR TRADITIONAL KNOWLEDGE

Different TK may be protected in different ways, like in the form of patent (ex.- traditional
medicine), some in the form of plant varieties, GI in other cases.
International Initiatives
▪ Convention on biological diversity - It encourages the protection of traditional
knowledge through various means, such as prior informed consent and fair and
equitable benefit-sharing.
▪ Nagoya Protocol - Nagoya Protocol is a supplementary agreement to the CBD, focusing
specifically on access to genetic resources and the fair and equitable sharing of benefits
derived from their utilization.
▪ World Intellectual Property Organization (WIPO) - The organization acknowledges the
value of traditional knowledge and has explored mechanisms to protect it within the
intellectual property framework. They can be provided with two kinds of protection in
the intellectual property system. They are:
Positive Protection - Positive protection is the act of providing traditional knowledge
holders with the rights to take necessary action and seek remedies against the misuse of the
knowledge base.
Defensive Protection - Defensive mechanism, on the other hand, refers to the steps
taken by traditional knowledge owners to prevent the acquisition of their Intellectual Property
rights.
▪ United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) - UNDRIP
recognizes the rights of indigenous peoples, including their right to protect, preserve,
and transmit their traditional knowledge

Some of the legislative measures to protect TK are-

• The Biological Diversity Act (2002),
• The Protection of Plant Varieties and Farmers' Rights Act (2001) and
• The Geographical Indication of Goods (Registration and Protection) Act, 1999.

CASE LAWS ON TRADITIONAL KNOWLEDGE

Basmati Rice Case
The Basmati Rice Case highlights the significance of protecting geographical indications (GIs)
and cultural heritage in the context of agricultural products.
Basmati rice originates from the Indian subcontinent, primarily cultivated in India and Pakistan.
It holds immense cultural and economic importance for the region, being a staple food and a
significant export commodity. The distinctive characteristics of Basmati rice are intrinsically
linked to the specific soil, climate, and traditional farming practices of the region, resulting in a
premium product highly sought after worldwide.

The Basmati Rice dispute emerged when producers outside India and Pakistan began labeling
their rice products as "Basmati" without adhering to the region-specific cultivation techniques
or meeting the required quality standards. This raised concerns among the original Basmati
producers who feared potential damage to their reputation and market share due to the
dilution of the term.

Both India and Pakistan took legal actions to protect the Basmati GI. India filed several
applications to register Basmati as a protected GI in various countries, leading to successful
outcomes in some cases. The countries also collaborated to ensure the international recognition
and protection of Basmati as a joint GI.