Traditional knowledge (TK) can be characterized as the knowledge that is: generated, maintained and transmitted in a traditional context; distinctly linked to the traditional or indigenous culture or community that preserves and transmits it between generations; linked by a sense of custody, guardianship or cultural responsibility to a local or indigenous community; Knowledge in the sense that it originates in a wide range of social, cultural, environmental and technological contexts from intellectual activity; and, identified as TK by the source community. Traditional knowledge (TK) is the knowledge, experience, expertise, knowledge and applications that are developed, continued, executed and transmitted within a region or community from generation to generation, often forming part of its cultural, social or spiritual identity. In a wide variety of contexts, viz., TK can be attributed to Knowledge of agricultural, scientific, technical, ecological, medical and biodiversity-related knowledge. Examples of TK in India are the practice of Yoga and the use of Turmeric.

Under section 3(p) of the Indian Patent Act, 1970, Indian patent laws do not allow TK to be protected. An invention that, in fact, is traditional knowledge or which aggregates or duplicates the known properties of a component or component which is traditionally known is not an invention and cannot be patented. However, if there is a significant improvement in the existing TK that allows the invention to meet the criteria laid down in Indian IP law, IP protection may be sought. Prior knowledge of innovation is the key issue in protecting TK, as much of TK is already passed on orally or through documentation over generations in the public domain. This makes most TK ineligible for IP protection because most of the information is already part of the "prior art" and therefore, in terms of novelty that can be established for patent protection, there is very little. The strength of local community knowledge is an integral part of TK. Attempts to exploit local community-owned TK for industrial or commercial gain is a major problem because it is unfair to exploit local community-owned knowledge, as IP protection creates a monopoly on patent owners. In order to prevent such unfair exploitation of TK, governments around the world, including India, have enacted legislation. There are adequate provisions in defence of TK in India. Traditional Knowledge being in the public domain and so any patent application relating to TK does not qualify as an invention. Patent applications based on TK that contravene the provisions of law may be rejected pursuant to section 15 or in the form of the pre-grant opposition. All patent applications relating to traditional knowledge (TK) must be correctly described, screened and graded by the RECS Division of the Patent Office as "Traditional Knowledge" The screening of the application as 'Traditional Information' is an administrative procedure to promote the review and to demonstrate that the subject-matter of the application is appropriate and relevant in the light of the preparation or use of historically recognized substances, papers or processes. If a citation is made from the TK Digital Library (TKDL) database, it is important to submit a copy of the citation along with the review report.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.