Abstract:

Misappropriation or bio-piracy of TK is a grave problem for all TK rich countries like India. India had to fight a long legal battle in ‘turmeric’, ‘neem’ and ‘basmati’ patenting cases for protecting its age old TK. Today, TK has become a hotly debated and one of the most controversial subjects, nationally and internationally, that requires very carefully crafted long- term solutions. The focus of the present study is to critically analyze Indian legal framework in relation to TK protection, access and benefit sharing mechanism. To examine existing gaps and limitations in the current legal systems and thereby suggesting new solutions to address the lacunas main driving force behind the present study is the legal challenges and complexities in the area of TK.