The present thesis focuses on Indian experience in the traditional knowledge sector. It argues that strong patent protection has not been conducive to the indigenous people and their traditional medicinal knowledge. Moreover, this protection has supported the pharmaceutical sector by entitling it with the patents, sourced from traditional herbal medicinal knowledge on the ground of novelty and usefulness. The thesis also investigates the scenarios, where time and again it has been proved that the current patent tool does not provide free hand to indigenous people. It advocates that the production and dissemination of legal clauses promoted by the Indian patent system is not an adequate legal tool for the protection of traditional medicinal knowledge. Finally the thesis explores India’s obligation to protect and preserve traditional medicinal knowledge and proposes model guidelines for the pharmaceutical sector in order to exploit herbal medicinal knowledge.

The present thesis focuses on Indian experience in the traditional knowledge sector. It argues that strong patent protection has not been conducive to the indigenous people and their traditional medicinal knowledge. Moreover, this protection has supported the pharmaceutical sector by entitling it with the patents, sourced from traditional herbal medicinal knowledge on the ground of novelty and usefulness. The thesis also investigates the scenarios, where time and again it has been proved that the current patent tool does not provide free hand to indigenous people. It advocates that the production and dissemination of legal clauses promoted by the Indian patent system is not an adequate legal tool for the protection of traditional medicinal knowledge. Finally the thesis explores India’s obligation to protect and preserve traditional medicinal knowledge and proposes model guidelines for the pharmaceutical sector in order to exploit herbal medicinal knowledge.