Protection of Traditional Knowledge Use, Access, and Control in Modern Knowledge Economies

Traditional Knowledge (TK) has increasingly become a site of economic contestation in the global digital economy, where advances in biotechnology, data analytics, and cross-border research have intensified the commercial and scientific use of genetic resources. While international legal instruments acknowledge the importance of protecting TK and ensuring equitable benefit-sharing, existing regulatory frameworks remain fragmented, unevenly enforced, and often ill-suited to address the realities of digital dissemination and commercialization. This paper examines the regulation of TK through the lens of economic governance, focusing on how law mediates access, control, and value extraction from genetic resources. Part I situates TK within intellectual property discourse and outlines the conceptual and economic stakes of its protection. Part II analyzes global legal regimes governing TK—particularly under biodiversity and trade law—followed by a detailed examination of India’s statutory and institutional framework. Part III identifies structural shortcomings in the current regime and proposes pathways for reform aimed at strengthening legal certainty, economic justice, and regulatory coherence in the global digital economy