Abstract bhakti pranav Bhakti

NAME: BHAKTI B POOJARY (Author)

PRANAV A (Co-author)

INSTITUTIONAL AFFILIATION: CHRIST ACADEMY INSTITUTE OF LAW, BANGALORE

CONTACT DETAILS: 9324464537(Author)

9895186497(Co-author)

EMAIL: bhaktibpoojary@gmail.com

pranavsathyan77@gamil.com

Digital Sovereignty and Global Equity: Redefining Intellectual Property and Human Rights in the Era of Artificial Intelligence

Traditional Knowledge, Biodiversity, and Cultural Rights in the Indian Context

ABSTRACT:

India, being one of the world’s most diverse nations in terms of biodiversity and a nation with a large archive of traditional knowledge that has been gathered over a long period of time, faces decisive choices in the era of artificial intelligence. For example, AI developments have facilitated the large-scale collection, digitization, and monetization of India’s indigenous knowledge, Ayurvedic medical practices, biodiversity in agriculture, and tribal cultural knowledge, often extracted without the adequate participation, consent, or remuneration of the source communities. India has taken pioneering measures such as the establishment of the Traditional Knowledge Digital Library (TKDL) and has been actively involved in WIPO negotiations; however, there remain significant legislative and institutional deficiencies in effectively protecting traditional knowledge from AI-driven misappropriation.

This paper explores how existing frameworks, including the Biological Diversity Act of 2002, the Protection of Plant Varieties and Farmers’ Rights Act, and India’s nascent National Data Governance Framework inadequately address complex challenges posed by AI systems that mine biodiversity databases, ethnobotanical records, and digitized cultural heritage for commercial exploitation. Using notable biopiracy cases linked to turmeric, neem, and Basmatirice, this study shows that historical knowledge extraction patterns are being mirrored and escalated in the digital age.

The paper advocates for a robust India digital sovereignty framework that recognizes collective community rights, mandates prior informed consent, ensures benefit-sharing with indigenous and local communities, and positions India as a global leader in shaping equitable AI governance. It further calls for strengthening the TKDL, enacting a dedicated Traditional Knowledge Protection Act, and forging South-South coalitions to push reforms of international intellectual property regimes in favor of the Global South.

Keywords: Digital Sovereignty, Traditional Knowledge Digital Library, Artificial Intelligence Governance, Biopiracy, Epistemic Justice