Mayukha S P

20151126
BBA-LLB (A)
Take home assessment: Review of the ‘understanding of traditional knowledge’ with the help
of insights from secondary sources.

Navigating through the meaning of Traditional Knowledge

Tucked away in a tropical forest, among the tallest trees and home to several species,
live the people of the Khasi tribe in the Indian North- Eastern State of Meghalaya. They have
developed their own set of skills, practices and innovations, carefully passed down from
generation to generation. This traditional knowledge forms an invaluable part of their identity
as well as an economic and cultural asset for their entire community. The Khasis have a
traditional healing practice wherein they use the whole body of an organism or its by-
products or the extracts as pastes, oils and powder to heal various ailments. 1 Another practice
that describes indigenous practices is one that is popular in Kenya, wherein modified clay
pots are made and used to store water to protect it from contamination. This is a traditional
method wherein the potter’s knowledge and skills are utilized. 2 The knowledge is usually
passed down from generation to generation by word of mouth and discipleship. It is no
surprise that there are various such communities all over the world that have their own set of
practices and knowledge that has been passed on to them from generations. So, what makes a
group indigenous? Indigenous people have native knowledge, which means that they have
knowledge that is formulated in a certain area over time and has passed down to generations.
They also have community knowledge which means that they have stories and facts that bind
the local group together. Knowledge is communicated through the spoken word and handed
down to the family over several generations. Basically, knowledge is all intelligible ideas,
information and data in whatever form in which it is expressed or obtained. 3 This knowledge
is a shared resource pool that contains ideas that result from perception, experience and/or
study.4

Therefore, as pointed out in the Article by Kate Joranson on ‘Indigenous knowledge

and the knowledge commons’, we can safely say that there are certain common
characteristics of indigenous knowledge. Indigenous knowledge is local, and tied to a
particular place and set of experiences. It is orally transmitted and is constantly re-inforced by
experience and trail and error. 5 Therefore, it can be said that indigenous people have an
insight into sustainable development and conservation and protection of biodiversity. When
they suffer from illnesses from microbes, what do they do to combat that? Have they used
plants, have they used food? These are clues to potential sources of medicine.

1
Nehu.ac.in. (2019). [online] Available at: https://nehu.ac.in/public/downloads/Journals/NEHU-JOURNAL-
Jan-June-2017-A8.pdf [Accessed 25 Aug. 2019].
2
Joranson, K. (2008). Indigenous knowledge and the knowledge commons. [online] Taylor & Francis. Available
at: https://www.tandfonline.com/doi/full/10.1080/10572317.2008.10762763 [Accessed 25 Aug. 2019].
3
Joranson, K. (2008). Indigenous knowledge and the knowledge commons. [online] Taylor & Francis. Available
at: https://www.tandfonline.com/doi/full/10.1080/10572317.2008.10762763 [Accessed 25 Aug. 2019].
4
Joranson, K. (2008). Indigenous knowledge and the knowledge commons. [online] Taylor & Francis. Available
at: https://www.tandfonline.com/doi/full/10.1080/10572317.2008.10762763 [Accessed 25 Aug. 2019].
5
Joranson, K. (2008). Indigenous knowledge and the knowledge commons. [online] Taylor & Francis. Available
at: https://www.tandfonline.com/doi/full/10.1080/10572317.2008.10762763 [Accessed 25 Aug. 2019].
 Mayukha S P
20151126
BBA-LLB (A)

Essentially, my understanding of traditional knowledge has lead me to the conclusion

that traditional knowledge represents innovation, culture and history. It represents the
practices adapted in the past as well as those that could benefit the future. It may relate to
genetic resources, plants, animals, insects that are native to where that particular community
resides. Traditional knowledge can be described as the know-how of the people that primarily
reflects the understanding, observations and experiments of people. It refers to the knowledge
systems of indigenous people in other local tribes and groups around the world and this
knowledge tends to be reflective of their identity. It is found in many diverse fields. On the
one side of the spectrum, one could talk about folklore or traditional cultural expressions.
These are expressions of knowledge and culture that are manifested in the form of music,
dance, design, symbols and architecture. On the other hand, traditional knowledge also relates
to biodiversity, health care, agriculture and so on. All over the country, we can see traditional
knowledge practices that are followed by different communities. In the Article by Dr.
Elizabeth Varkey, she has discussed the case study on turmeric, wherein the patent given out
by the US was objected and later cancelled on the ground that turmeric was essentially a
‘prior art’. It has been used in Indian households from generations for its various healing and
medicinal properties and in fact was traditional knowledge that has been discovered long
ago.6 Similarly, the Kani tride in India discovered a medicinal plant known as arogyapaacha
and this has properties to heal stress and is immuno-enhancing. This discovery was shared
with Indian scientists and thereby, it became a shared intellectual property whereby there is a
shared licensing agreement and a common benefit sharing.7

Traditional knowledge is evolving and because of its age and the fact that it is
collectively owned, it is often not protected by the conventional intellectual property rights
system. It is thus essential to protect traditional knowledge against misuse and
misappropriation. In India, we can see major progress on this issue. The Convention on
Biological diversity is the first international agreement that acknowledged the role and
contribution of indigenous and local communities in the conservation and sustainable use of
diversity. 8 Additionally, the TRIPS agreement has also taken measures to protect traditional
knowledge from being misused. There is also the Convention on Biological Diversity that
offers opportunities to India to realize the benefit of these resources.9 Another issue that
comes up for consideration with respect to traditional knowledge, is as to who actually owns
traditional knowledge. Traditional knowledge is not valued because of its antiquity but
because more of it is transmitted orally, as part of knowledge necessary to sustain lives and
livelihoods and thus it has an economic value 10 and due to this reason, it becomes important
to determine who owns traditional knowledge. This raises a lot of policy questions about the
role of communities and functions of communally held knowledge in traditions that are part
of heritage and culture as well as living traditions of habitat preservation and human
interactions.11

6
Varkey, E. Traditional Knowledge-The Changing Scenario in India.
7
Varkey, E. Traditional Knowledge-The Changing Scenario in India.
8
Varkey, E. Traditional Knowledge-The Changing Scenario in India.
9
Varkey, E. Traditional Knowledge-The Changing Scenario in India.
10
Mathur, A. Who Owns Traditional Knowledge?
11
Mathur, A. Who Owns Traditional Knowledge?
 Mayukha S P
20151126
BBA-LLB (A)
Documentation of traditional knowledge, innovating the patent system and developing
a sui generis system, as pointed out by Dr. Elizabeth Varkey, is the way forward in protecting
and preserving traditional knowledge.