Indigenous Medicinal Knowledge and Intellectual Property Law: Compatibility or Conflict?

Author(s)	Prof. Dr. Pradip Kumar Das, Mr. Akhilesh Kumar Upadhayay
Country	India
Abstract	Indigenous Medicinal Knowledge (IMK) represents a long-standing system of health practices developed and preserved by indigenous and local communities through close interaction with nature. This knowledge plays a crucial role in primary healthcare, biodiversity conservation and sustainable development. However, the increasing commercial interest in traditional medicine and natural resources has exposed indigenous knowledge systems to misuse, misappropriation and biopiracy. Existing intellectual property (IP) laws, particularly patent regimes, are largely designed around individual ownership, novelty and commercial exploitation, which often conflict with the collective, oral and inter-generational nature of indigenous medicinal knowledge. This study critically examines the relationship between indigenous medicinal knowledge and intellectual property law, focusing on whether the two can coexist within the current legal framework. It analyses key areas of conflict such as the requirement of novelty, individual-centric ownership models, documentation-based protection and time-limited IP rights.
Keywords	Indigenous Medicinal Knowledge, Intellectual Property Law, Biopiracy, Traditional Knowledge Protection, Benefit Sharing
Field	Sociology > Administration / Law / Management
Published In	Volume 7, Issue 6, November-December 2025
Published On	2025-12-21
DOI	https://doi.org/10.36948/ijfmr.2025.v07i06.64155

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