The study analyses the modern concept of
Intellectual Property (IP) through the perspective of Indian epistemological
traditions, with a focus on the Mīmāṃsā, Nyāya, and Buddhist schools of
thought. It argues that the dominant Euro-American model of IP—centered on
individual authorship, originality, and proprietary control—rests on
ontological and epistemic assumptions that are not universal. Drawing on classical
Indian texts, this study explores how these three philosophical systems
conceptualize jñāna (knowledge), pramāṇa (valid cognition), and the ethical
conditions for knowledge transmission.
The Mīmāṃsā tradition’s notion of apauruṣeya
(non-human authorship) of the Vedas positions knowledge as eternal and
authorless, foregrounding a model of intellectual commons. Nyāya philosophy,
with its emphasis on śabda-pramāṇa (testimony as a valid means of knowledge),
constructs a relational view of epistemic authority grounded in reliability
rather than originality. In contrast, Buddhist epistemology—rooted in the
doctrine of anātman (non-self)—problematizes the very idea of a fixed knowing
subject, thereby challenging the conceptual coherence of ownership in relation
to knowledge.
Through comparative analysis, the study highlights
how these systems collectively offer a non-proprietary, ethically mediated
understanding of knowledge that stands in critical contrast to the
commodification logic of contemporary IP regimes. The study contributes to
decolonial knowledge discourse by suggesting that Indian philosophical
traditions provide robust alternatives for reimagining global frameworks of
intellectual ownership.
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