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Safeguarding Traditional Knowledge and Farmers' Rights: A Balanced Approach to IP Protection

Safeguarding Traditional Knowledge and Farmers' Rights: A Balanced Approach to IP Protection
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Author(s): Ananya Pandey (Christ University, India)and Achyutananda Mishra (Christ University, India)
Copyright: 2026
Pages: 22
Source title: Global Perspectives on Indigenous Oral Traditions
Source Author(s)/Editor(s): Candido Mukuni (Virginia Tech, USA)
DOI: 10.4018/979-8-3373-3927-6.ch013

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Abstract

Traditional Knowledge and farmers rights are considered to be the backbone of the agriculture system that is responsible for preserving the biodiversity, cultural heritage and sustainable development practices. Intellectual Property Rights (IPRs) protection is inclined towards the protection of the commercial interest rather than the rights of the creators or individuals. A balanced approach towards the protection of traditional knowledge and IPRs is required that safeguards the rights of farmers as well. The inclusive policies that enable and ensure equitable benefit sharing, protect the rights of the community, harmonize the customary laws with the IPRs are crucial in the present time. By promoting and advocating for the participatory governance, this chapter analyses the rights of farmers that foster sustainability and protect traditional knowledge simultaneously. It also examines the international legal instruments that recognize the protection of traditional knowledge.

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