Guidance for Handling and Working with Traditional Knowledge - Prior Informed Consent, Acknowledgement, Recognition and Access & Benefit Sharing – Essential Aspects

Abstract

India’s rich traditional knowledge (TK), documented and oral, that has been passed on from generation to generation needs positive protection. .This is especially important keeping in mind the need to safeguard people’s right, when such non-codified knowledge transitions to “disclosed traditional knowledge”. The thrust on “Prior Informed Consent, Acknowledgement, Recognition, and Access & Benefit Sharing” is an attempt to streamline access to, and handling and working with such knowledge that is not yet disclosed such as oral TK or that from manuscripts, by linking and defining responsibilities of knowledge holders and knowledge documenters and researchers, while also facilitating benefit sharing of proceeds accruing from such knowledge. While emphasizing on the above, it is to be appreciated that TK by itself may also be dynamic considering various factors such as specific needs of the time, environmental or anthropomorphic reasons, availability and sustainability of resources, or the contemporary advancements of the times, among others. Despite the changes and advancements, the rights of the people associated with such TK in either its native or modified forms, remains vital and needs to be respected.