Protection of Traditional Knowledge in Digital Archives
Marbari K. Khyriem, Amity Law School, Gurugram
ABSTRACT
Traditional Knowledge is the wisdom that communities have carried through generations, preserved not only in books and records but also in their everyday lives, practices, and traditions. However, as this knowledge finds its way into the digital world, a question arises: How can knowledge that belongs to generations be protected in an age where information travels with just a click?
This research examines the legal and institutional framework for protecting Traditional Knowledge (TK) preserved in digital archives, with particular focus on its meaning, characteristics, scope, and the legal challenges associated with its digitisation. It explores how traditional knowledge, once passed down through generations, is being documented and preserved through digital platforms, and the implications this creates for the communities that have nurtured it. The research finds that digital documentation can serve as an important form of defensive protection by helping prevent outsiders from claiming exclusive patent rights over existing traditional knowledge. Yet, preserving knowledge digitally does not automatically resolve the questions surrounding its ownership. Issues of access, confidentiality, control, and the rights of traditional communities continue to raise important legal concerns.
