Abstract:

The protection of the traditional knowledge does not protect well under the umbrella of patents under intellectual property rights. The current legislations for the protection of Traditional Knowledge are not appropriate and thus the sui generis system is approached to protect the traditional knowledge. The study found sui generis to be more efficient, than making any changes in the Patent Act and suggested draft for legislation. It is because the bill presented for the protection of the traditional knowledge in India also needs remarkable changes and is not sufficient to take the complete protection of the traditional knowledge. Thus the researcher drafted a legislative Act to suit India’s scenario for the protection of traditional knowledge and rights of indigenous people after a thorough study. The study has defined various ways to give appropriate protection to the indigenous people and traditional knowledge.