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Patent injustice

  • 30/10/2004

Patent injustice With the world becoming increasingly knowledge-driven, protecting the rich traditions of Asia and the Pacific region has assumed great significance. The incomplete mandate of the Doha Round of talks followed by the failure of the Cancun summit last year has widened an already existing divide between the developed and the developing nations on the issue. There was some headway in the recent deliberations of the World Intellectual Property Organization in Geneva; nevertheless, according protection to traditional knowledge remains an unfulfilled task.

Such knowledge has flowed down generations of different societies and cultures, with each generation making substantial modifications and innovations to it. In India, traditional wisdom comprises many elements of folklore as well. Examples include Sanganeri and Bagru prints and Kota Doria weaving from Rajasthan, the Chavittu Natakam theatre of Kerala and Gujarat's Patan Patola weaving tradition.

It's a great pity, however, that India's rich repertoire of traditional knowledge faces extinction, today. In many cases, it has been exploited commercially without any benefit accruing to the original creators. The popular Hindi film song " Nimbuda ' exemplifies such exploitation. Originally written by Gazi Khan of the Manganiyar clan of Rajasthan, the song was appropriated by the makers of Hum Dil De Chuke Sanam without acknowledging the original author

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