Protecting Indigenous Intellectual Property Rights in Technological Advancements and the Commercialization of Traditional Knowledge

Indigenous and local communities have been the long-term custodians of traditional knowledge (TK) and genetic resources, which form the basis for many technological innovations and commercial products. However, the prevailing intellectual property (IP) systems, designed primarily for individual inventions and creative works within market-based economies, often fail to recognize the collective and intergenerational nature of TK. This mismatch has frequently resulted in the misappropriation of knowledge and the unequal or unfair distribution of benefits, leaving communities without proper recognition, control, or compensation for the use of their heritage. This paper reviews international and national instruments, examines illustrative case studies (including India’s Traditional Knowledge Digital Library), identifies gaps, and proposes an integrated set of legal, institutional, and community-led measures to protect indigenous IP rights while enabling equitable commercialization.