Traditional Knowledge

Question 1

importance of traditional knowledge

Answer 1

• conserving biodiversity - Cultural practices help in maintaining ecological balance.
• developing new products of commercial importance - in cosmetics, food production, pharma e.g. knowledge about the therapeutic properties of local plants can lead to the development of new pharmaceuticals.
• food security and health in LEDCs - traditional agricultural practices and crop varieties that result in pest and climate change resilience of food. Knowledge about local nutrition, and medicinal plants can contribute to better health outcomes
• Healthcare: traditional medicine systems like Ayurveda and practices like Yoga rely on biological resources and cultural knowledge
• Agriculture: TK helps in pest control (neem oil), breeding and selection methods. Improved biodiversity with traditional techniques

Answer 2

IPR laws like the Biological Diversity Act and Patent Act of India offer mechanisms to protect TK, such as preventing patents on traditional knowledge and ensuring benefit-sharing with local communities.

Databases like the Traditional Knowledge Digital Library (TKDL) play a vital role in documenting TK and preventing bio-piracy by making TK accessible to patent offices.

conventional IPR system is inadequate for fully protecting TK. Issues include difficulties in identifying individual inventors for collectively-held knowledge, as well as cross-border enforcement challenges.

including mandatory principles like prior informed consent and benefit-sharing in global agreements like TRIPS.

Question 3

importance of protecting TK

Answer 3

• traditional Knowledge is treated as Knowledge in the public domain for free exploitation (e.g. for NPD) without respecting efforts of indigenous communities to preserve and promote it
• Recognition and
  reward should be given to innovations of farmers, tribes and other grass-root innovators instead of just…
  Ø The disinterest in continuing traditional and ‘non-scientific’ practices by the young generations often result in the decline of traditional knowledge and practices.

Question 4

healthcare

Answer 4

• phytochemical based medicines and cosmetics are derived from the knowledge of properties of certain plants
• Indian Ayurveda and Unani system of medicines depends on a diversity of biological resources and associated traditional knowledge
• In developing countries traditional medicine is the only way for affordable treatment

Question 5

tkdl success cases

Answer 5

Danish Company Case: A Danish patent application claiming a slimming agent using common Indian medicinal plants was withdrawn after TKDL showed prior use of these plants.
Chinese Company Case: A Chinese pharmaceutical patent for avian flu treatment using Indian medicinal plants was rejected after TKDL provided evidence of traditional usage.
Natreon Case: An American company tried to patent the use of Ashwagandha for stress treatment. TKDL proved its long-established traditional use, leading to the rejection of the patent.

Question 6

IPR to protect TK

Answer 6

International Agreements: Various global agreements aim to protect TK, like India’s Biological Diversity Act (2002), which addresses access to biological resources and bio-piracy.

Patent Act 1970: Sections prevent the patenting of TK-based innovations in India. For example, Section 3(p) ensures that inventions based on traditional knowledge are non-patentable.

Geographical Indications (GI): Protects TK-based products tied to specific geographical regions, like Darjeeling Tea or Aranmula Kannadi. GIs reward communities by protecting product reputation and preventing unauthorized use.

HOWEVER

Collective Nature of TK: TK is often held collectively by communities, making it difficult to fit into the individualistic IPR system.
IPR System Gaps: The IPR system doesn’t cover all forms of TK, particularly intangible practices. Many patents are still granted for innovations based on TK, without benefiting the original TK holders.
Need for Reform: A change in global IPR systems is necessary to include disclosure of origin, prior informed consent, and equitable benefit-sharing as part of patent processes.
Patent Act Limitations: While TK is protected in India, it is not always recognized as prior art in other countries like the U.S.