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Traditional Knowledge[1]
QUESTION BANK
Q.1. What is Traditional Knowledge? Discuss Global and Indian initiatives to protect Traditional Knowledge.
Q.2. Explain the meaning and importance of Traditional knowledge. Explain in detail the need for the protection of traditional knowledge.
Q.3. Explain the concept of traditional knowledge with its importance and discuss efforts taken by international concerns for the protection of traditional knowledge.
Short Notes
- Importance of traditional knowledge.
I. Meaning and definition of Traditional Knowledge-
Knowledge is power. Knowledge moulds the life of a man. It determines the quality of life. Traditional knowledge is the knowledge, skill and practices developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity. For example, the Neem tree leaves are culturally important during the Gudipadava festival in Maharashtra. The body of knowledge passes through generations of men through the medium of practices, rituals, traditions, and other carriers of knowledge and skill. Due to centuries of living in that environment, Indigenous people possess immense knowledge of complex ecosystems. Due to such coexistence, they understand the properties of plants and animals, the functioning of the ecosystem and the techniques of using and managing them.
Traditional knowledge can be found in a variety of concepts, such as time calculation, food articles, plant properties, spice uses, yoga, aryuvda, agriculture, ecology, building materials, and fuel.
II. Need for protection of traditional knowledge-
Nowadays, the development of new technology and the practice of acquiring intellectual property rights relating to traditional knowledge has posed a great threat to traditional knowledge. It has increased the practice of getting used to traditional knowledge for personal gains by acquiring intellectual property rights over it. It also affects the livelihood of traditional communities. Moreover, indigenous people lack the knowledge to get intellectual property rights over such knowledge and safeguard their interests.
Americans derived patents for using Turmeric, Neem, Basmati rice, etc., even though the medicinal properties of these plants had been well-known to the Indian Community for centuries.
III. Importance of Traditional knowledge-
Traditional knowledge makes a significant contribution to sustainable development. The livelihood of many communities depends upon such knowledge, and Indigenous people live in those areas with that knowledge. Through traditional knowledge, the local people protect the ecosystem or promote biodiversity. Their traditional knowledge provides valuable information to the global community to help maintain and promote biodiversity.
Traditional knowledge is specifically useful for the people and subsistence of developing countries. Indigenous medicines are chief and easily available and used for different treatments. Agricultural activities are largely dependent upon traditional knowledge. Many varieties of artistic work, like music, handicrafts, etc., depend upon traditional knowledge.
IV. Efforts for the protection of traditional knowledge-
We will discuss international as well as Indian efforts to protect traditional knowledge as follows-
A. International efforts to protect traditional knowledge-
The importance of traditional knowledge for its creator and the world at large and the need for its protection have gotten growing recognition at the international level. Local and indigenous people have used the traditional knowledge for centuries. It applies to everything from agriculture and food storage to construction, medicines, and preserving biological resources and the environment. These communities’ customary laws and cultural taboos have long served to preserve this knowledge and regulate its use. However, growing commercial use of these resources for private gain by third parties has raised international concern. Therefore, some discussions and conventions were held to preserve, promote, and protect traditional knowledge at the international level. We will discuss them as follows-
1. WIPO-
The World Intellectual Property Organisation (WIPO) has proven to be an important international forum for protecting traditional knowledge.
In the year 2000, WIPO established an inter-governmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) as an international forum for debate and dialogue concerning the interplay between international property and traditional knowledge.
In 2009, the IGC agreed to develop an international legal instrument that effectively protects traditional knowledge, genetic resources, and traditional cultural expressions (such as folklore).
2. Convention on Biological Diversity-
The Convention on Biological Diversity obliges its signatory states they should respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant to the conservation and suitable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovation and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices (S. 8 (j)).
3. TRIPS-
The TRIPS agreement in Art. 27 lays down the direction to grant patents for inventions in all technology fields and suggests what may be patented and what not.
Art. 27.2 provides that the member countries may exclude plants and animals from patenting and, essentially, biological processes but may grant patents to what it terms microorganisms, micro-biological processes, and non-essential biological processes. This provision initially seems to protect traditional knowledge, but it grants permission for all types of patents in subsequent parts.
In 1999, to avoid the abovementioned dichotomy, Art. 27.3 (b) was reviewed to harmonise it with CBD provisions. This provision was again reviewed in 2001 in the Doha Declaration, but all those reviews ended inconclusively. This issue was raised in 2008 at a WTO meeting but ended without a fruitful outcome.
In conclusion, we may say that protecting traditional knowledge is by and large left to the concerned country.
B. Indian Efforts to Protect Traditional Knowledge-
India had to fight hard to cancel the patent granted for Basmati Rice and Turmeric as a medicine by the United States Patent and Trademark Office. The same was the case with Neem, for which the European Patent Office granted a patent. It has revealed that many applications were presented, and some had patent registrations. However, we could not obtain patents based on traditional knowledge due to the lack of a database. India incurred huge expenses to cancel the abovementioned granted patents on Turmeric, Basmati rice, etc. India has learned a lesson and is taking immediate steps to protect its right to traditional knowledge. The preparation of the Traditional Knowledge Digital Library (short called TKDL) has been proven to be an important milestone and pilot project of India.
1. Traditional Knowledge Library-
Protecting Indian traditional knowledge in any field, including medicines, from patent piracy was a huge task. The above experience shows the urgent need to protect the rich traditional knowledge of India. Therefore, the Central Government, under the guidance of Mr V. K. Gupta, formed a task force to do what was necessary to protect traditional knowledge of India, specifically in the medicinal field. However, within just two short years (i.e. in 2003), the task force managed to prepare the Traditional Knowledge Digital Library. The library was subsequently found to be a very important tool in protecting Indian traditional knowledge, specifically in the medicinal field. The Library was a pilot project of India to guide all developing countries in protecting their traditional knowledge. Even WIPO[2] has appreciated Indian efforts to make TKDL and has advised other countries to follow Indian practices to protect their traditional knowledge.
The TKDL is the digital library on traditional medicine, plants and systems. It also provides for traditional knowledge resource classification. Presently, the library has recorded approximately 3.6 lac Ayurvedic medicinal formulations based on traditional knowledge. It also includes the details of the formation of medicines. Relevant Sanskrit texts were translated in many foreign languages. The library was made available in almost all important patent offices in the world. The library is made available in five languages i.e. English, German, Spanish, French and Japanese.
2. Legislative Efforts-
In India, various Acts relating to intellectual property have been passed and, from time to time, amended to protect traditional knowledge from piracy. The important among these Acts are Patent (Amendment) Act, 2002, Biological Diversity Act, 2002, Protection of Plant Verities and Farmers’ Rights Act, 2001 etc.
Thus, in conclusion, we may say that traditional knowledge in India is very rich, carried from generation to generation; therefore, all possible efforts need to be made to protect it from piracy.
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[2] World Intellectual Property Organization