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The term "traditional knowledge" (TK) describes the generations-long innovations, customs, and know-how that local and indigenous groups have established; these are frequently passed down orally and have a strong cultural identity. In India, a megadiverse nation with abundant ethnobotanical resources, traditional knowledge (TK) has been essential to ecological preservation, agriculture, and medicine. In the last few decades, biotechnology has started using TK to create probiotics, plant-based medications, eco-friendly bio pesticides, and nutraceuticals. But even with the biotechnological transformation of this information, the legal protections that are already in place are still insufficient to grant exclusive rights or facilitate morally sound commercialisation.
This thesis examines the interaction between shared benefits systems, biodiversity legislation, and patent law in order to determine the scope and limitations of patent protection for TK-based biotechnological innovations in India. The study emphasises on real-world examples, such as Jeevani (based on the Kani tribe's use of Arogyapacha) and probiotic formulations manufactured using traditional fermentation procedures, in order to assess the legal, ethical, and commercial circumstances. Additionally, it compares global sui generis systems and offers suggestions for modifications to India's hybrid model, which balances incentives for innovation with community rights.
Keywords: Section 3(p), Arogyapacha, Probiotics, Biofertilizers, Patent Law, India, Traditional Knowledge, Biotechnology, and Benefit-Sharing.
