Recognizing indigenous traditional knowledge with medicinal value within a legal framework: An overview of the issues and challenges with special focus on India (Record no. 528123)

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fixed length control field 03057nam a22001577a 4500
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fixed length control field 241113b ||||| |||| 00| 0 eng d
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Personal name Chakrabarty, Suman and Hossain, Kamrul
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Title Recognizing indigenous traditional knowledge with medicinal value within a legal framework: An overview of the issues and challenges with special focus on India
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Man in India: Founded in 1921 by Sarat Chandra Roy
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Extent 104(1-2), 2024: p.41-60
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Summary, etc Recognizing traditional knowledge with medical value among Indigenous people is indispensable to sustaining their way of life. However, legal complexities and challenges exist in recognizing the medical value of traditional knowledge, as it is orally transmitted and thus undocumented. While a global solution to such difficulties cannot employ a “one size fits all” approach and invokes multifaceted solutions within national regulatory and policy contexts, India has shown progress in this area. Yet, appropriate guidelines for incorporating the diverse medical knowledge of Indigenous people under a coherent framework must be developed so that Indigenous people can enjoy, and utilize, their rights regarding this knowledge. The objective was to unfold the current situation of traditional medicinal value among Indian Indigenous communities and find ways of recognizing this knowledge within India’s intellectual property rights (IPR) legal regime. The present study was based on secondary data sources. A specific literature review was done using the key word “Traditional Knowledge”, combined with “Intellectual Property Rights”, “Tribes”, “Medicinal Plant”, “Ethno-medicine”, “Folk Lore”, “Medical Anthropology”, “World Health Organization (WHO)”, “Traditional Knowledge Digital Library (TKDL)”, World Intellectual Property Organization (WIPO), “Patent Act”, “Illness and Sickness” and “India” on PubMed, Google Scholar and other relevant online and offline sources from March 2021 to September 2023. Our findings recommend a multi-tiered approach to documenting traditional medical knowledge, sensitive to regional diversities within India, as a necessary precursor to legal recognition. Therefore, a human rights approach, particularly from the viewpoint of cultural rights, could be a best fit both to recognize the traditional knowledge as a cultural right and to offer the community as the right holder of the knowledge. Hence, appropriate guidelines to that direction should be formulated for incorporating the dispersed traditional medical knowledge of Indigenous people under a coherent framework so that they can enjoy, and utilize, their rights to this knowledge especially in the diverse Indian context.- Reproduced

https://www.arfjournals.com/MII/issue/338
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Traditional knowledge, Tribes, Intellectual property rights, Medicinal plant, WIPO, WHO, Act, India.
9 (RLIN) 48684
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Main entry heading Man in India: Founded in 1921 by Sarat Chandra Roy
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Subject DIP TRIBES - INDIA
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Item type Articles
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Permanent location Current location Date acquired Serial Enumeration / chronology Barcode Date last seen Koha item type
          Indian Institute of Public Administration Indian Institute of Public Administration 2024-11-13 104(1-2), 2024: p.41-60 AR133550 2024-11-13 Articles

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