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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2. 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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3. 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.
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4. 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.
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5. 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.
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6. 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.
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7. 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.
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8. 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.
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9. 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.
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10. 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.
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11. 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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