Economic Justification of Traditional knowledge with Insights from Identity Economics

Abstract

Within the conventional economic framework, the defence of traditional knowledge as a form of Intellectual Propertyoften lacks a robust foundation. While human rights theories offer a more compelling justification, the economic rationalefor protecting traditional knowledge remains elusive at the international stage. This ambiguity has even prompted someacademics to challenge the relevance and practicality of safeguarding traditional knowledge through the framework ofintellectual property rights. This paper seeks to present an economic argument in favour of traditional knowledge protection,drawing from the principles of ‘Identity Economics’. Interestingly, identity economics provides a rationale for both thewidely accepted positive protection and the more debated negative protection of traditional knowledge. Furthermore, thepaper delves into justifying additional policy measures to enhance the protection of traditional knowledge.