In Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property, Anindya Bhukta underscores the value of traditional knowledge and argues that legal systems need to ensure better protection of this knowledge, with a particular focus on India. This book is an ideal primer for readers looking to find out more about the laws concerning traditional knowledge, writes Gayathri D Naik, and Bhukta’s proposals for a new legal approach embody his in-depth research and knowledge of the subject

Naik, Gayathri D.

English

LSE Research Online

Book	Review:	Legal	Protection	for	TraditionalKnowledge:	Towards	A	New	Law	for	IndigenousIntellectual	Property	by	Anindya	BhuktaIn	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	Intellectual	Property,Anindya	Bhukta	underscores	the	value	of	traditional	knowledge	and	argues	that	legal	systems	need	to	ensurebetter	protection	of	this	knowledge,	with	a	particular	focus	on	India.	This	book	is	an	ideal	primer	for	readers	lookingto	find	out	more	about	the	laws	concerning	traditional	knowledge,	writes	Gayathri	D	Naik,	and	Bhukta’s	proposalsfor	a	new	legal	approach	embody	his	in-depth	research	and	knowledge	of	the	subject.	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	Intellectual	Property.Anindya	Bhukta.	Emerald	Publishing.	2020.No	one	forgets	the	story	of	early	humans	who	discovered	fire	by	banging	flint	stonestogether.	This	was	the	first	revolution	in	human	civilisation.	Since	then,	humans	haveprocessed	the	information,	discoveries	and	inventions	of	their	predecessors	that	haveinspired	every	generation	to	better	their	potential.	We	have	also	inherited	extensiveinformation	from	our	ancestors	on	medicinal	plants,	songs,	music	and	traditional	arts,amongst	others.	This	‘traditional	knowledge’	has	been	passed	along	generations,mostly	through	oral	transmission.	However,	once	components	of	this	traditionalknowledge	are	regarded	as	‘merchandise’	over	which	rights	can	be	claimed,particularly	by	big	multinational	corporations	(MNCs),	the	rights	of	many	communities,including	indigenous	people,	are	threatened.Through	his	book	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	forIndigenous	Intellectual	Property,	Anindya	Bhukta	discusses	traditional	knowledge	andargues	for	its	adequate	legal	protection.	Traditional	knowledge	(hereinafter	TK)	–collective	community-based	knowledge	–	can	include	anything	with	transgenerationalcharacteristics	that	has	passed	along	generations	verbally.	It	may	be	either	tangible	orintangible,	ranging	from	cultural	expressions	to	medicines.TK	has	been	a	subject	of	bio-piracy	discourse	for	quite	a	long	time.	Bio-piracy,	as	Bhutka	explains,	is	theunauthorised	use	of	the	bio-resources	of	a	country	either	by	the	individuals,	institutions	or	companies	of	othercountries.	Bhukta	points	out	that	even	though	TK	has	been	in	existence	for	many	centuries,	it	was	after	thedevelopment	of	patent	regimes,	concerns	over	bio-piracy	and	the	rights	of	biodiverse	countries	over	their	naturalresources	that	TK	has	gained	greater	attention.This	book	is	based	on	the	premise	that	since	TK	is	multidimensional	and	region-specific,	it	demands	its	own	legalframework	for	its	governance.	The	book	takes	the	reader	through	the	issues	of	bio-piracy,	existing	internationaltreaties	and	domestic	laws	referring	to	TK	and	its	drawbacks,	access	and	benefit-sharing	mechanisms,	its	lacunaeand	the	need	for	new	comprehensive	legal	protection.	The	author	suggests	a	model	law	based	on	the	premise	hehas	adopted.	However,	although	the	author	points	to	several	loopholes	and	criticisms	regarding	inadequateprotection	of	TK	in	international	treaties	and	domestic	laws,	the	book	only	offers	a	descriptive	compendium	ofexisting	treaties	and	laws	and	lacks	a	critical	approach	in	its	analysis.Had	the	author	approached	treaty	provisions	and	definitions	through	a	more	critical	angle,	it	would	have	made	thisbook	more	attractive	to	an	advanced	audience	already	familiar	with	the	subject	matter.	Instead,	the	book’s	audienceis	likely	to	be	non-specialists	and	lay	readers.	Yet,	this	book	will	appeal	to	readers	due	to	its	coherent	argumentsand	detailed	analysis	of	all	legal	provisions	on	TK;	this	would	make	this	book	an	ideal	primer	for	readers	looking	tofind	out	about	laws	on	TK.LSE Review of Books: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property by AnindyaBhuktaPage 1 of 3		Date originally posted: 2020-12-10Permalink: https://blogs.lse.ac.uk/lsereviewofbooks/2020/12/10/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/lsereviewofbooks/Theauthor	issuccessful	in	convincing	the	reader	to	support	his	arguments	for	the	legal	protection	of	TK.		Illustrating	the	benefitsthat	such	protection	bestows	on	medicine,	scientific	development,	environmental	conservation,	biodiversityprotection	and	the	cultural	identity	of	a	nation,	he	discusses	various	current	international	conventions	and	theirprovisions	applicable	to	TK.	Throughout	the	book,	Bhukta	tries	to	highlight	the	influence	of	MNCs,	lobbyists	andpressure	groups	from	rich	countries	like	the	US	on	international	treaty-making	and	domestic	law-making	processes.Additionally,	the	book	presents	several	instances	of	bio-piracy	and	attempts	to	patent	TK	in	the	US	and	Europe	thathave	been	vehemently	opposed	by	developing	countries:	for	instance,	the	famous	cases	of	Turmeric	and	NeemPatent.In	1995,	the	use	of	turmeric	in	wound	healing	was	patented	in	the	US	following	an	application	from	two	researchersat	the	Mississippi	Medical	Centre.	This	was	challenged	by	the	Government	of	India,	which	contested	the	novelty	ofthe	invention	and	successfully	defended	its	case.	Similarly,	the	European	Patent	Office	patented	a	neem-basedproduct	following	an	application	from	a	US	MNC.	Here	too,	the	Government	of	India	was	successful	in	itsapplication	to	revoke	this	patent.	In	both	cases,	submission	of	evidence	of	the	use	of	these	natural	resources	asTK,	as	inscribed	in	many	traditional	documents	in	Sanskrit	and	Ayurveda,		helped	India	to	defend	its	traditionalknowledge	from	bio-piracy.	Unfortunately,	there	are	many	other	examples	of	TK	around	the	world	without	writtensources	that	are	being	misused	by	MNCs,	demanding	effective	legal	interventions	from	governments	to	preventsuch	instances.The	rights	of	indigenous	communities	and	biodiverse	developing	countries,	from	where	mother	species	or	seedsare	transported,	are	typically	sidelined	in	most	international	treaties	whose	provision	instead	supports	MNCs	andeconomically	stronger	countries.	Highlighting	this	discriminatory	approach	and	pointing	to	some	notable	benefit-sharing	agreements	like	Jeevani,	Hoodia	and	InBio-Merck,	the	author	argues	for	recognition	of	the	rights	ofindigenous	communities	in	preserving	TK.		To	give	one	example,	the	Jeevani	agreement	is	considered	the	mostrenowned	example	of	benefit-sharing	in	India,	signed	between	the	Tropical	Botanical	Garden	and	ResearchInstitute	and	the	Kerala	Kani	Samudaya	Kshema	Trust.	By	this	agreement,	signed	in	the	1990s	and	the	first	of	itskind	in	the	world,	it	was	agreed	that	royalties	would	be	shared	with	the	Kani	Tribe	for	use	of	a	TK	owned	by	the	KaniTribe	concerning	‘arogyapacha’,	which	was	used	to	make	an	energy	drink	called	Jeevani.By	focusing	on	bio-piracy,	the	author	also	examines	various	provisions	of	intellectual	property	rights	(IPR)	thatcould	be	extended	to	TK.		Protective	measures	where	TK-holders	enjoy	rights	to	act	against	the	misuse	of	TK	anddefensive	measures	that	safeguard	and	prevent	its	illegal	use	by	others	are	discussed.	Here,	efforts	in	differentcountries,	including	the	Traditional	Knowledge	Digital	Library,	the	Traditional	Chinese	Medicine	Database	and	theKorean	Traditional	Knowledge	Portal,	are	introduced	to	the	reader.LSE Review of Books: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property by AnindyaBhuktaPage 2 of 3		Date originally posted: 2020-12-10Permalink: https://blogs.lse.ac.uk/lsereviewofbooks/2020/12/10/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/lsereviewofbooks/After	discussing	international	legal	mechanisms	on	IPR,	which	constitute	the	major	legal	protection	used	across	theworld,	the	book	moves	to	analyse	domestic	regulations.	IPR	is	insufficient	to	extend	coverage	to	all	biologicalresources.	Hence,	the	World	Trade	Organisation	(WTO)	promotes	the	adoption	of	protection	for	plant	variety,necessitating	domestic	measures	customised	to	its	local	conditions.	The	chapter	on	initiatives	to	protect	TK	thusprovides	a	discussion	of	various	provisions	of	domestic	laws	on	TK.	This	chapter	confines	its	major	discussion	toIndia,	though	it	provides	a	glimpse	of	three	other	nations	or	regions:	the	Philippines,	Panama	and	Africa.Unfortunately,	the	author	does	not	provide	reasons	for	choosing	these	particular	jurisdictions,	leaving	this	questionunanswered	for	readers.	This	is	also	applicable	to	its	title,	which	seems	general,	but	in	most	chapters	thediscussions	are	based	on	India.These	uncertainties	extend	to	the	chapter	analysing	the	limitations	of	existing	legal	provisions.	Here,	the	authorexamines	Indian	laws,	but	on	certain	occasions	his	arguments	are	mixed	with	international	treaties	withoutemphasising	statutes.	Nevertheless,	the	author	has	put	considerable	effort	into	providing	a	detailed	analysis	of	theinsufficiency	of	present	legal	frameworks	on	IPR,	which	leads	to	the	conclusion	that	there	is	a	need	for	a	new	lawfor	TK.In	this	regard,	the	book	mainly	focuses	on	the	need	for	new	framework	legislation	in	India.	The	author	comprehendsall	characteristics	of	TK	to	draft	a	model	law.	The	uniqueness	of	this	book	lies	in	this	draft	law,	through	whichBhukta	argues	that	since	TK	is	transgenerational,	oral	and	community-owned,	the	main	focus	of	the	recognition	ofrights-holders	should	be	the	community,	and	the	duration	of	protection	should	be	beyond	what	is	currently	providedby	IPR	laws.	He	also	calls	upon	the	establishment	of	a	trust	upon	which	these	rights	and	duties	to	protect	can	beentrusted.		The	model	law	is	based	on	the	principle	of	the	registration	of	TK	and	benefit-sharing	based	on	priorinformed	consent	between	TK-holders	and	other	stakeholders.	Inspired	by	international	legal	principles	andincorporating	these	values,	this	model	law	is	an	embodiment	of	the	author’s	in-depth	research	and	knowledge	of	TKand	his	passion	for	the	subject.In	Legal	Protection	for	Traditional	Knowledge,	Bhukta	has	successfully	illustrated	the	need	for	comprehensiveprotection	of	TK	that	crosses	the	boundaries	of	IPR	and	laws	on	patents,	Geographical	Indicators	(GIs),	trademarksand	copyrights.	The	book	shows	how	TK	is	significant	in	human	life	and	history,	and	how	it	is	extracted	from	richlybiodiverse	countries	of	the	Global	South.	However,	the	discussions	in	this	book	are	more	descriptive	than	critical,which	makes	it	useful	as	a	short	handbook	rather	than	as	a	reference	book.	Yet,	through	the	simplicity	of	theanalysis,	this	book	will	be	helpful	to	students	of	law	and	other	related	subjects	as	well	as	general	readers,	providingthe	first	stepping	stone	to	understanding	TK	and	the	relevance	of	its	protection.Note:	This	review	gives	the	views	of	the	author,	and	not	the	position	of	the	LSE	Review	of	Books	blog,	or	of	theLondon	School	of	Economics.Image	Credit:	(Steven	Jackson	CC	BY	2.0).	LSE Review of Books: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property by AnindyaBhuktaPage 3 of 3		Date originally posted: 2020-12-10Permalink: https://blogs.lse.ac.uk/lsereviewofbooks/2020/12/10/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/lsereviewofbooks/

Book review: Legal protection for traditional knowledge: towards a new law for indigenous intellectual property by Anindya Bhukta

Book	Review:	Legal	Protection	for	TraditionalKnowledge:	Towards	A	New	Law	for	IndigenousIntellectual	Property	by	Anindya	BhuktaIn	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	Intellectual	Property,Anindya	Bhukta	underscores	the	value	of	traditional	knowledge	and	argues	that	legal	systems	need	to	ensurebetter	protection	of	this	knowledge,	with	a	particular	focus	on	India.	This	book	is	an	ideal	primer	for	readers	lookingto	find	out	more	about	the	laws	concerning	traditional	knowledge,	writes	Gayathri	D	Naik,	and	Bhukta’s	proposalsfor	a	new	legal	approach	embody	his	in-depth	research	and	knowledge	of	the	subject.	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	Intellectual	Property.Anindya	Bhukta.	Emerald	Publishing.	2020.No	one	forgets	the	story	of	early	humans	who	discovered	fire	by	banging	flint	stonestogether.	This	was	the	first	revolution	in	human	civilisation.	Since	then,	humans	haveprocessed	the	information,	discoveries	and	inventions	of	their	predecessors	that	haveinspired	every	generation	to	better	their	potential.	We	have	also	inherited	extensiveinformation	from	our	ancestors	on	medicinal	plants,	songs,	music	and	traditional	arts,amongst	others.	This	‘traditional	knowledge’	has	been	passed	along	generations,mostly	through	oral	transmission.	However,	once	components	of	this	traditionalknowledge	are	regarded	as	‘merchandise’	over	which	rights	can	be	claimed,particularly	by	big	multinational	corporations	(MNCs),	the	rights	of	many	communities,including	indigenous	people,	are	threatened.Through	his	book	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	forIndigenous	Intellectual	Property,	Anindya	Bhukta	discusses	traditional	knowledge	andargues	for	its	adequate	legal	protection.	Traditional	knowledge	(hereinafter	TK)	–collective	community-based	knowledge	–	can	include	anything	with	transgenerationalcharacteristics	that	has	passed	along	generations	verbally.	It	may	be	either	tangible	orintangible,	ranging	from	cultural	expressions	to	medicines.TK	has	been	a	subject	of	bio-piracy	discourse	for	quite	a	long	time.	Bio-piracy,	as	Bhutka	explains,	is	theunauthorised	use	of	the	bio-resources	of	a	country	either	by	the	individuals,	institutions	or	companies	of	othercountries.	Bhukta	points	out	that	even	though	TK	has	been	in	existence	for	many	centuries,	it	was	after	thedevelopment	of	patent	regimes,	concerns	over	bio-piracy	and	the	rights	of	biodiverse	countries	over	their	naturalresources	that	TK	has	gained	greater	attention.This	book	is	based	on	the	premise	that	since	TK	is	multidimensional	and	region-specific,	it	demands	its	own	legalframework	for	its	governance.	The	book	takes	the	reader	through	the	issues	of	bio-piracy,	existing	internationaltreaties	and	domestic	laws	referring	to	TK	and	its	drawbacks,	access	and	benefit-sharing	mechanisms,	its	lacunaeand	the	need	for	new	comprehensive	legal	protection.	The	author	suggests	a	model	law	based	on	the	premise	hehas	adopted.	However,	although	the	author	points	to	several	loopholes	and	criticisms	regarding	inadequateprotection	of	TK	in	international	treaties	and	domestic	laws,	the	book	only	offers	a	descriptive	compendium	ofexisting	treaties	and	laws	and	lacks	a	critical	approach	in	its	analysis.Had	the	author	approached	treaty	provisions	and	definitions	through	a	more	critical	angle,	it	would	have	made	thisbook	more	attractive	to	an	advanced	audience	already	familiar	with	the	subject	matter.	Instead,	the	book’s	audienceis	likely	to	be	non-specialists	and	lay	readers.	Yet,	this	book	will	appeal	to	readers	due	to	its	coherent	argumentsand	detailed	analysis	of	all	legal	provisions	on	TK;	this	would	make	this	book	an	ideal	primer	for	readers	looking	tofind	out	about	laws	on	TK.USApp – American Politics and Policy Blog: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous IntellectualProperty by Anindya BhuktaPage 1 of 3		Date originally posted: 2020-12-13Permalink: https://blogs.lse.ac.uk/usappblog/2020/12/13/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/usappblog/Theauthor	issuccessful	in	convincing	the	reader	to	support	his	arguments	for	the	legal	protection	of	TK.		Illustrating	the	benefitsthat	such	protection	bestows	on	medicine,	scientific	development,	environmental	conservation,	biodiversityprotection	and	the	cultural	identity	of	a	nation,	he	discusses	various	current	international	conventions	and	theirprovisions	applicable	to	TK.	Throughout	the	book,	Bhukta	tries	to	highlight	the	influence	of	MNCs,	lobbyists	andpressure	groups	from	rich	countries	like	the	US	on	international	treaty-making	and	domestic	law-making	processes.Additionally,	the	book	presents	several	instances	of	bio-piracy	and	attempts	to	patent	TK	in	the	US	and	Europe	thathave	been	vehemently	opposed	by	developing	countries:	for	instance,	the	famous	cases	of	Turmeric	and	NeemPatent.In	1995,	the	use	of	turmeric	in	wound	healing	was	patented	in	the	US	following	an	application	from	two	researchersat	the	Mississippi	Medical	Centre.	This	was	challenged	by	the	Government	of	India,	which	contested	the	novelty	ofthe	invention	and	successfully	defended	its	case.	Similarly,	the	European	Patent	Office	patented	a	neem-basedproduct	following	an	application	from	a	US	MNC.	Here	too,	the	Government	of	India	was	successful	in	itsapplication	to	revoke	this	patent.	In	both	cases,	submission	of	evidence	of	the	use	of	these	natural	resources	asTK,	as	inscribed	in	many	traditional	documents	in	Sanskrit	and	Ayurveda,		helped	India	to	defend	its	traditionalknowledge	from	bio-piracy.	Unfortunately,	there	are	many	other	examples	of	TK	around	the	world	without	writtensources	that	are	being	misused	by	MNCs,	demanding	effective	legal	interventions	from	governments	to	preventsuch	instances.The	rights	of	indigenous	communities	and	biodiverse	developing	countries,	from	where	mother	species	or	seedsare	transported,	are	typically	sidelined	in	most	international	treaties	whose	provision	instead	supports	MNCs	andeconomically	stronger	countries.	Highlighting	this	discriminatory	approach	and	pointing	to	some	notable	benefit-sharing	agreements	like	Jeevani,	Hoodia	and	InBio-Merck,	the	author	argues	for	recognition	of	the	rights	ofindigenous	communities	in	preserving	TK.		To	give	one	example,	the	Jeevani	agreement	is	considered	the	mostrenowned	example	of	benefit-sharing	in	India,	signed	between	the	Tropical	Botanical	Garden	and	ResearchInstitute	and	the	Kerala	Kani	Samudaya	Kshema	Trust.	By	this	agreement,	signed	in	the	1990s	and	the	first	of	itskind	in	the	world,	it	was	agreed	that	royalties	would	be	shared	with	the	Kani	Tribe	for	use	of	a	TK	owned	by	the	KaniTribe	concerning	‘arogyapacha’,	which	was	used	to	make	an	energy	drink	called	Jeevani.By	focusing	on	bio-piracy,	the	author	also	examines	various	provisions	of	intellectual	property	rights	(IPR)	thatcould	be	extended	to	TK.		Protective	measures	where	TK-holders	enjoy	rights	to	act	against	the	misuse	of	TK	anddefensive	measures	that	safeguard	and	prevent	its	illegal	use	by	others	are	discussed.	Here,	efforts	in	differentcountries,	including	the	Traditional	Knowledge	Digital	Library,	the	Traditional	Chinese	Medicine	Database	and	theKorean	Traditional	Knowledge	Portal,	are	introduced	to	the	reader.USApp – American Politics and Policy Blog: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous IntellectualProperty by Anindya BhuktaPage 2 of 3		Date originally posted: 2020-12-13Permalink: https://blogs.lse.ac.uk/usappblog/2020/12/13/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/usappblog/After	discussing	international	legal	mechanisms	on	IPR,	which	constitute	the	major	legal	protection	used	across	theworld,	the	book	moves	to	analyse	domestic	regulations.	IPR	is	insufficient	to	extend	coverage	to	all	biologicalresources.	Hence,	the	World	Trade	Organisation	(WTO)	promotes	the	adoption	of	protection	for	plant	variety,necessitating	domestic	measures	customised	to	its	local	conditions.	The	chapter	on	initiatives	to	protect	TK	thusprovides	a	discussion	of	various	provisions	of	domestic	laws	on	TK.	This	chapter	confines	its	major	discussion	toIndia,	though	it	provides	a	glimpse	of	three	other	nations	or	regions:	the	Philippines,	Panama	and	Africa.Unfortunately,	the	author	does	not	provide	reasons	for	choosing	these	particular	jurisdictions,	leaving	this	questionunanswered	for	readers.	This	is	also	applicable	to	its	title,	which	seems	general,	but	in	most	chapters	thediscussions	are	based	on	India.These	uncertainties	extend	to	the	chapter	analysing	the	limitations	of	existing	legal	provisions.	Here,	the	authorexamines	Indian	laws,	but	on	certain	occasions	his	arguments	are	mixed	with	international	treaties	withoutemphasising	statutes.	Nevertheless,	the	author	has	put	considerable	effort	into	providing	a	detailed	analysis	of	theinsufficiency	of	present	legal	frameworks	on	IPR,	which	leads	to	the	conclusion	that	there	is	a	need	for	a	new	lawfor	TK.In	this	regard,	the	book	mainly	focuses	on	the	need	for	new	framework	legislation	in	India.	The	author	comprehendsall	characteristics	of	TK	to	draft	a	model	law.	The	uniqueness	of	this	book	lies	in	this	draft	law,	through	whichBhukta	argues	that	since	TK	is	transgenerational,	oral	and	community-owned,	the	main	focus	of	the	recognition	ofrights-holders	should	be	the	community,	and	the	duration	of	protection	should	be	beyond	what	is	currently	providedby	IPR	laws.	He	also	calls	upon	the	establishment	of	a	trust	upon	which	these	rights	and	duties	to	protect	can	beentrusted.		The	model	law	is	based	on	the	principle	of	the	registration	of	TK	and	benefit-sharing	based	on	priorinformed	consent	between	TK-holders	and	other	stakeholders.	Inspired	by	international	legal	principles	andincorporating	these	values,	this	model	law	is	an	embodiment	of	the	author’s	in-depth	research	and	knowledge	of	TKand	his	passion	for	the	subject.In	Legal	Protection	for	Traditional	Knowledge,	Bhukta	has	successfully	illustrated	the	need	for	comprehensiveprotection	of	TK	that	crosses	the	boundaries	of	IPR	and	laws	on	patents,	Geographical	Indicators	(GIs),	trademarksand	copyrights.	The	book	shows	how	TK	is	significant	in	human	life	and	history,	and	how	it	is	extracted	from	richlybiodiverse	countries	of	the	Global	South.	However,	the	discussions	in	this	book	are	more	descriptive	than	critical,which	makes	it	useful	as	a	short	handbook	rather	than	as	a	reference	book.	Yet,	through	the	simplicity	of	theanalysis,	this	book	will	be	helpful	to	students	of	law	and	other	related	subjects	as	well	as	general	readers,	providingthe	first	stepping	stone	to	understanding	TK	and	the	relevance	of	its	protection.This	article	originally	appeared	at	the	LSE	Review	of	Books.Image	Credit:	(Steven	Jackson	CC	BY	2.0).Please	read	our	comments	policy	before	commenting.	Note:	This	article	gives	the	views	of	the	authors,	and	not	the	position	of	USAPP–	American	Politics	and	Policy,	norof	the	London	School	of	Economics.	Shortened	URL	for	this	post:	https://bit.ly/3a4ms6PAbout	the	reviewerGayathri	D	Naik	–	SOASGayathri	D	Naik	is	a	Doctoral	Candidate	at	the	School	of	Law,	SOAS,	University	of	London.	She	holds	BAL.LLB(Government	Law	College,	Ernakulam),	MPA	(Indira	Gandhi	Open	University,	New	Delhi)	and	LLM	(South	AsianUniversity,	New	Delhi).	She	is	a	Commonwealth	Scholar	from	India.	Her	doctoral	research	looks	into	equity	andgroundwater	issues	in	India.USApp – American Politics and Policy Blog: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous IntellectualProperty by Anindya BhuktaPage 3 of 3		Date originally posted: 2020-12-13Permalink: https://blogs.lse.ac.uk/usappblog/2020/12/13/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/usappblog/

Book	Review:	Legal	Protection	for	TraditionalKnowledge:	Towards	A	New	Law	for	IndigenousIntellectual	Property	by	Anindya	BhuktaIn	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	IntellectualProperty,	Anindya	Bhukta	underscores	the	value	of	traditional	knowledge	and	argues	that	legal	systems	need	toensure	better	protection	of	this	knowledge,	with	a	particular	focus	on	India.	This	book	is	an	ideal	primer	for	readerslooking	to	find	out	more	about	the	laws	concerning	traditional	knowledge,	writes	Gayathri	D	Naik,	and	Bhukta’sproposals	for	a	new	legal	approach	embody	his	in-depth	research	and	knowledge	of	the	subject.This	review	originally	appeared	on	LSE	Review	of	Books.	If	you	would	like	to	contribute	to	the	series,	pleasecontact	the	managing	editor	of	LSE	Review	of	Books,	Dr	Rosemary	Deller,	at	lsereviewofbooks@lse.ac.ukLegal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	Intellectual	Property.Anindya	Bhukta.	Emerald	Publishing.	2020.No	one	forgets	the	story	of	early	humans	who	discovered	fire	by	banging	flint	stones	together.	This	was	the	firstrevolution	in	human	civilisation.	Since	then,	humans	have	processed	the	information,	discoveries	and	inventions	oftheir	predecessors	that	have	inspired	every	generation	to	better	their	potential.	We	have	also	inherited	extensiveinformation	from	our	ancestors	on	medicinal	plants,	songs,	music	and	traditional	arts,	amongst	others.	This‘traditional	knowledge’	has	been	passed	along	generations,	mostly	through	oral	transmission.	However,	oncecomponents	of	this	traditional	knowledge	are	regarded	as	‘merchandise’	over	which	rights	can	be	claimed,particularly	by	big	multinational	corporations	(MNCs),	the	rights	of	many	communities,	including	indigenous	people,are	threatened.Through	his	book	Legal	Protection	for	Traditional	Knowledge:	Towards	A	New	Law	for	Indigenous	IntellectualProperty,	Anindya	Bhukta	discusses	traditional	knowledge	and	argues	for	its	adequate	legal	protection.	Traditionalknowledge	(hereinafter	TK)	–	collective	community-based	knowledge	–	can	include	anything	with	transgenerationalcharacteristics	that	has	passed	along	generations	verbally.	It	may	be	either	tangible	or	intangible,	ranging	fromcultural	expressions	to	medicines.TK	has	been	a	subject	of	bio-piracy	discourse	for	quite	a	long	time.	Bio-piracy,	as	Bhutka	explains,	is	theunauthorised	use	of	the	bio-resources	of	a	country	either	by	the	individuals,	institutions	or	companies	of	othercountries.	Bhukta	points	out	that	even	though	TK	has	been	in	existence	for	many	centuries,	it	was	after	thedevelopment	of	patent	regimes,	concerns	over	bio-piracy	and	the	rights	of	biodiverse	countries	over	their	naturalresources	that	TK	has	gained	greater	attention.This	book	is	based	on	the	premise	that	since	TK	is	multidimensional	and	region-specific,	it	demands	its	own	legalframework	for	its	governance.	The	book	takes	the	reader	through	the	issues	of	bio-piracy,	existing	internationaltreaties	and	domestic	laws	referring	to	TK	and	its	drawbacks,	access	and	benefit-sharing	mechanisms,	its	lacunaeand	the	need	for	new	comprehensive	legal	protection.	The	author	suggests	a	model	law	based	on	the	premise	hehas	adopted.	However,	although	the	author	points	to	several	loopholes	and	criticisms	regarding	inadequateprotection	of	TK	in	international	treaties	and	domestic	laws,	the	book	only	offers	a	descriptive	compendium	ofexisting	treaties	and	laws	and	lacks	a	critical	approach	in	its	analysis.Had	the	author	approached	treaty	provisions	and	definitions	through	a	more	critical	angle,	it	would	have	made	thisbook	more	attractive	to	an	advanced	audience	already	familiar	with	the	subject	matter.	Instead,	the	book’s	audienceis	likely	to	be	non-specialists	and	lay	readers.	Yet,	this	book	will	appeal	to	readers	due	to	its	coherent	argumentsand	detailed	analysis	of	all	legal	provisions	on	TK;	this	would	make	this	book	an	ideal	primer	for	readers	looking	tofind	out	about	laws	on	TK.Impact of Social Sciences Blog: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property byAnindya BhuktaPage 1 of 3		Date originally posted: 2020-12-20Permalink: https://blogs.lse.ac.uk/impactofsocialsciences/2020/12/20/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/impactofsocialsciences/The	author	is	successful	in	convincing	the	reader	to	support	his	arguments	for	the	legal	protection	of	TK.	Illustrating	the	benefits	that	such	protection	bestows	on	medicine,	scientific	development,	environmentalconservation,	biodiversity	protection	and	the	cultural	identity	of	a	nation,	he	discusses	various	current	internationalconventions	and	their	provisions	applicable	to	TK.	Throughout	the	book,	Bhukta	tries	to	highlight	the	influence	ofMNCs,	lobbyists	and	pressure	groups	from	rich	countries	like	the	US	on	international	treaty-making	and	domesticlaw-making	processes.	Additionally,	the	book	presents	several	instances	of	bio-piracy	and	attempts	to	patent	TK	inthe	US	and	Europe	that	have	been	vehemently	opposed	by	developing	countries:	for	instance,	the	famous	casesof	Turmeric	and	Neem	Patent.In	1995,	the	use	of	turmeric	in	wound	healing	was	patented	in	the	US	following	an	application	from	two	researchersat	the	Mississippi	Medical	Centre.	This	was	challenged	by	the	Government	of	India,	which	contested	the	novelty	ofthe	invention	and	successfully	defended	its	case.	Similarly,	the	European	Patent	Office	patented	a	neem-basedproduct	following	an	application	from	a	US	MNC.	Here	too,	the	Government	of	India	was	successful	in	itsapplication	to	revoke	this	patent.	In	both	cases,	submission	of	evidence	of	the	use	of	these	natural	resources	asTK,	as	inscribed	in	many	traditional	documents	in	Sanskrit	and	Ayurveda,		helped	India	to	defend	its	traditionalknowledge	from	bio-piracy.	Unfortunately,	there	are	many	other	examples	of	TK	around	the	world	without	writtensources	that	are	being	misused	by	MNCs,	demanding	effective	legal	interventions	from	governments	to	preventsuch	instances.The	rights	of	indigenous	communities	and	biodiverse	developing	countries,	from	where	mother	species	or	seedsare	transported,	are	typically	sidelined	in	most	international	treaties	whose	provision	instead	supports	MNCs	andeconomically	stronger	countries.	Highlighting	this	discriminatory	approach	and	pointing	to	some	notable	benefit-sharing	agreements	like	Jeevani,	Hoodia	and	InBio-Merck,	the	author	argues	for	recognition	of	the	rights	ofindigenous	communities	in	preserving	TK.		To	give	one	example,	the	Jeevani	agreement	is	considered	the	mostrenowned	example	of	benefit-sharing	in	India,	signed	between	the	Tropical	Botanical	Garden	and	ResearchInstitute	and	the	Kerala	Kani	Samudaya	Kshema	Trust.	By	this	agreement,	signed	in	the	1990s	and	the	first	of	itskind	in	the	world,	it	was	agreed	that	royalties	would	be	shared	with	the	Kani	Tribe	for	use	of	a	TK	owned	by	the	KaniTribe	concerning	‘arogyapacha’,	which	was	used	to	make	an	energy	drink	called	Jeevani.Impact of Social Sciences Blog: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property byAnindya BhuktaPage 2 of 3		Date originally posted: 2020-12-20Permalink: https://blogs.lse.ac.uk/impactofsocialsciences/2020/12/20/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/impactofsocialsciences/By	focusing	on	bio-piracy,	the	author	also	examines	various	provisions	of	intellectual	property	rights	(IPR)	thatcould	be	extended	to	TK.		Protective	measures	where	TK-holders	enjoy	rights	to	act	against	the	misuse	of	TK	anddefensive	measures	that	safeguard	and	prevent	its	illegal	use	by	others	are	discussed.	Here,	efforts	in	differentcountries,	including	the	Traditional	Knowledge	Digital	Library,	the	Traditional	Chinese	Medicine	Database	and	theKorean	Traditional	Knowledge	Portal,	are	introduced	to	the	reader.After	discussing	international	legal	mechanisms	on	IPR,	which	constitute	the	major	legal	protection	used	across	theworld,	the	book	moves	to	analyse	domestic	regulations.	IPR	is	insufficient	to	extend	coverage	to	all	biologicalresources.	Hence,	the	World	Trade	Organisation	(WTO)	promotes	the	adoption	of	protection	for	plant	variety,necessitating	domestic	measures	customised	to	its	local	conditions.	The	chapter	on	initiatives	to	protect	TK	thusprovides	a	discussion	of	various	provisions	of	domestic	laws	on	TK.	This	chapter	confines	its	major	discussion	toIndia,	though	it	provides	a	glimpse	of	three	other	nations	or	regions:	the	Philippines,	Panama	and	Africa.Unfortunately,	the	author	does	not	provide	reasons	for	choosing	these	particular	jurisdictions,	leaving	this	questionunanswered	for	readers.	This	is	also	applicable	to	its	title,	which	seems	general,	but	in	most	chapters	thediscussions	are	based	on	India.These	uncertainties	extend	to	the	chapter	analysing	the	limitations	of	existing	legal	provisions.	Here,	the	authorexamines	Indian	laws,	but	on	certain	occasions	his	arguments	are	mixed	with	international	treaties	withoutemphasising	statutes.	Nevertheless,	the	author	has	put	considerable	effort	into	providing	a	detailed	analysis	of	theinsufficiency	of	present	legal	frameworks	on	IPR,	which	leads	to	the	conclusion	that	there	is	a	need	for	a	new	lawfor	TK.In	this	regard,	the	book	mainly	focuses	on	the	need	for	new	framework	legislation	in	India.	The	author	comprehendsall	characteristics	of	TK	to	draft	a	model	law.	The	uniqueness	of	this	book	lies	in	this	draft	law,	through	whichBhukta	argues	that	since	TK	is	transgenerational,	oral	and	community-owned,	the	main	focus	of	the	recognition	ofrights-holders	should	be	the	community,	and	the	duration	of	protection	should	be	beyond	what	is	currently	providedby	IPR	laws.	He	also	calls	upon	the	establishment	of	a	trust	upon	which	these	rights	and	duties	to	protect	can	beentrusted.		The	model	law	is	based	on	the	principle	of	the	registration	of	TK	and	benefit-sharing	based	on	priorinformed	consent	between	TK-holders	and	other	stakeholders.	Inspired	by	international	legal	principles	andincorporating	these	values,	this	model	law	is	an	embodiment	of	the	author’s	in-depth	research	and	knowledge	of	TKand	his	passion	for	the	subject.In	Legal	Protection	for	Traditional	Knowledge,	Bhukta	has	successfully	illustrated	the	need	for	comprehensiveprotection	of	TK	that	crosses	the	boundaries	of	IPR	and	laws	on	patents,	Geographical	Indicators	(GIs),	trademarksand	copyrights.	The	book	shows	how	TK	is	significant	in	human	life	and	history,	and	how	it	is	extracted	from	richlybiodiverse	countries	of	the	Global	South.	However,	the	discussions	in	this	book	are	more	descriptive	than	critical,which	makes	it	useful	as	a	short	handbook	rather	than	as	a	reference	book.	Yet,	through	the	simplicity	of	theanalysis,	this	book	will	be	helpful	to	students	of	law	and	other	related	subjects	as	well	as	general	readers,	providingthe	first	stepping	stone	to	understanding	TK	and	the	relevance	of	its	protection.	Note:	This	article	gives	the	views	of	the	authors,	and	not	the	position	of	the	Impact	of	Social	Science	blog,	nor	ofthe	London	School	of	Economics.	Please	review	our	Comments	Policy	if	you	have	any	concerns	on	posting	acomment	below.Image	Credit:	Nikin	via	Pixabay.Impact of Social Sciences Blog: Book Review: Legal Protection for Traditional Knowledge: Towards A New Law for Indigenous Intellectual Property byAnindya BhuktaPage 3 of 3		Date originally posted: 2020-12-20Permalink: https://blogs.lse.ac.uk/impactofsocialsciences/2020/12/20/book-review-legal-protection-for-traditional-knowledge-towards-a-new-law-for-indigenous-intellectual-property-by-anindya-bhukta/Blog homepage: https://blogs.lse.ac.uk/impactofsocialsciences/

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Book review: Legal protection for traditional knowledge: towards a new law for indigenous intellectual property by Anindya Bhukta

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