PROTECTING TRADITIONAL

KNOWLEDGE IN INDIA

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WHAT IS TRADITIONAL KNOWLEDGE

Traditional knowledge is the knowledge system

possessed by various communities across the

globe. Such knowledge has been accumulated

over the years and has been used and passed

down through several generations. It is usually

with respect to the natural surroundings of the

community and includes agricultural

knowledge such as manner of cultivation,

environmental knowledge and knowledge of

natural medicines.

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WHY SHOULD WE PROTECT TRADITIONAL KNOWLEDGE?

The answer to this can be found in the United Nations

Convention on Biological Diversity (1992) wherein the

Convention reaffirmed the sovereign rights of States to

protect their biological resources. The primary objective of

the Convention was the conservation of biological

diversity, sustainable use of the same and equitable

sharing of the benefits arising out of the use of such

biological resources. www.intepat.com

WHY SHOULD WE PROTECT TRADITIONAL KNOWLEDGE?

Further Article 8(j) recognizes the efforts of local

and indigenous communities in preserving this

biological diversity through traditional knowledge

and holds that they too are entitled to share the

benefits obtained out of such use. Therefore, it

forms an obligation on all State Parties to protect

the traditional knowledge within their frontiers.www.intepat.com

HOW IS TRADITIONAL KNOWLEDGE PROTECTED IN INDIA

India is a party to the United Nations Convention on Biological

Diversity by virtue of which it enacted the Biological Diversity

Act 2002. The Act aims at the conservation of biological

diversity, sustainable use of its components and fair and

equitable sharing of the benefits that arise from the use of

biological resources. The Act provides for the establishment of

a National Biodiversity Authority in order to protect the

invaluable treasure of Indian biodiversity.www.intepat.com

HOW IS TRADITIONAL KNOWLEDGE PROTECTED IN INDIA

In addition to this, the

Government of India has

also established the

Traditional Knowledge

Digital Library (TKDL) for

the protection of India

Traditional Knowledge. www.intepat.com

WHAT IS THE TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

The struggle that India had to undergo to nullify the patent granted to

turmeric brought to the forefront the dismal state of documentation of

Indian traditional knowledge. Had there been prior proper documentation,

turmeric would not have been granted a patent in the first place. However,

better late than never, the Indian government realized the necessity for the

documentation of the valuable traditional knowledge of the country and in

pursuance of this created the Traditional Knowledge Digital Library- an

integrated global bio piracy watch system that allows for the monitoring of

patent applications that seek to patent Indian medical systems. It serves as

a prior art registry and as a defensive mechanism against bio piracy.www.intepat.com

WHAT IS THE TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

The TKDL is a joint effort of the Council

of Scientific & Industrial Research and

the Department of Ayurveda, Yoga and

Naturopathy, Unani, Siddha and

Homeopathy (AYUSH). It enables

effective detection of attempts to

misappropriate this knowledge by

third parties filing applications with

patent offices around the world. www.intepat.com

WHAT IS THE TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

At present, while access to the Traditional Knowledge Digital

Library is available to nine International Patent Offices-

European Patent Office, United States Patent & Trademark

Office, Japan Patent Office, United Kingdom Patent Office,

Canadian Intellectual Property Office, German Patent Office,

Intellectual Property Australia, Indian Patent Office and Chile

Patent Office- by way of the TKDL Access (Non-Disclosure)

Agreement, talks are underway with Russia and Malaysia.www.intepat.com

WHAT IS THE TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

However, there has been a drawback to the TKDL. After

the setting up of the TKDL, India has challenged several

claims of patent across the world. However, concerns

have arisen as to whether the money spent by India to

sustain the TKDL is worthwhile. Several other countries

such as South Korea have a system similar to that of the

TKDL, yet spend a fraction of the amount spent by India.www.intepat.com

WHAT IS THE TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

Further, with the TKDL available only to defend India’s

traditional knowledge and not being available for further

research, much is left to be desired.

Nonetheless, the establishment of the Traditional Knowledge

Digital Library has indeed demonstrated the need to protect

a nation’s traditional knowledge and the advantages of

proactive action. It has also paved the way for the efforts of

other countries to protect their traditional knowledge.www.intepat.com

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