Article summary
Abstract
This research paper examines how traditional and indigenous knowledge (TIK) receives protection within India's Intellectual Property Rights (IPR) legal structure. The study emphasizes the critical value of ancestral wisdom while conducting a comprehensive analysis of regulatory mechanisms governing its safeguarding through diverse intellectual property legislation. Ancestral wisdom typically transfers orally across successive generations via narrative traditions, cultural performances, ceremonial practices, musical expressions, and recreational activities. While the World Intellectual Property Organization (WIPO) provides a general characterization of ancestral knowledge, the Convention on Biological Diversity (CBD) lacks a formal definitional framework. Both the United Nations (UN) and WIPO recognize that indigenous wisdom includes traditional cultural expressions (TCE) such as linguistic systems, oral histories, choreographic arts, recreational pursuits, mythological narratives, aesthetic patterns, visual creativity, and structural designs. This research illuminates challenges and opportunities in protecting TIK while ensuring its conservation, recognition, and fair utilization through framework analysis.