Reassessing the International IP Law: Doctrinal Gaps in Protecting Traditional Knowledge and Cultural Expressions Protecting Traditional Knowledge in IP Law

الملخص

This study critiques how current global intellectual property (IP) laws fail to protect Traditional Knowledge

(TK) and Traditional Cultural Expressions (TCEs), which are rooted in Indigenous collective identity, spirituality, and

governance. Treaties such as TRIPS and Berne prioritize individual authorship and market logic, excluding Indigenous

epistemologies. National laws offer limited remedies, and though the 2024 WIPO Treaty on Intellectual Property, Genetic

Resources and Associated Traditional Knowledge introduces binding protections such as Free, Prior and Informed

Consent (FPIC) and benefit-sharing, significant gaps remain. Employing a doctrinal legal research method supported by

postcolonial and pluralist theoretical perspectives, this study critically examines the adequacy of existing international

and national IP regimes in safeguarding TK and TCEs. It calls for hybrid legal reforms that integrate Indigenous legal

orders to achieve epistemic justice, legal pluralism, and meaningful cultural protection.