Traditional Knowledge is the knowledge that has ancient roots and is often informal and oral, is not protected by conventional intellectual property protection systems. FORMS OF TRADITIONAL KNOWLEDGE ON THE BASIS OF ITS NATURE 1. Agricultural form of traditional knowledge 2. Scientific form of traditional knowledge 3. Technical form of traditional knowledge 4. Ecological form of traditional knowledge 5. Medicinal form of traditional knowledge FORMS OF TRADITIONAL KNOWLEDGE ON THE BASIS OF ITS HOLDER 1. . Community traditional knowledge 2. Publicly known traditional knowledge 3. Individual traditional knowledge 4. Documented traditional knowledge 5. Vocal traditional knowledge 6. Sacred traditional knowledge 7. Secular traditional knowledge 8. Indigenous knowledge NEED FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE (TK) HOW IT IS PROTECTED BIOPIRACY (small description) CASE VSTUDY - Turmeric patent case study - Neem patent case study TKDL (Traditinal knowledge digtal library) (small description)

1. Traditional knowledge -
concept folklore & forms
of TK
Submitted by:-Priya kumari
1921925
M.Sc Biotechnology

2. TRADITIONAL KNOWLEDGE
Traditional knowledge (TK) is
knowledge, know-how, skills and
practices that are developed,
sustained and passed on from
generation to generation within a
community, often forming part of
its cultural or spiritual identity.
Traditional Knowledge is the
knowledge that has ancient roots
and is often informal and oral, is
not protected by conventional
intellectual property protection
systems.

3. Traditional Cultural Expressions
 Traditional cultural
expressions (TCEs), also
called "expressions of
folklore", may include
music, dance, art, designs,
names, signs and symbols,
performances, ceremonies,
architectural forms,
handicrafts and narratives, or
many other artistic or
cultural expressions.
 The term ‘folklore’ was first
coined by William Thoms in
1846.

4.  “Expressions of folklore” means productions
consisting of characteristic elements of the
traditional artistic heritage developed and
maintained by a community of (name of the
country) or by individuals reflecting the
traditional artistic expectations of such a
community, in particular:
(i) verbal expressions, such as folk tales, folk
poetry and riddles;

5. (ii) musical expressions, such as folk
songs and instrumental music;

6. (iii) expressions by action, such as folk dances,
plays and artistic forms of rituals whether or
not reduced to a material form;

7. (iv) tangible
expressions such as:
(a) productions of
folk art, in particular,
drawings, paintings,
carvings, sculptures,
pottery, terracotta,
mosaic, woodwork,
metalware, jewelry,
basket weaving,
needlework, textiles,
carpets, costumes;

8. (b) musical instruments
[(c) architectural forms]

9.  As in the case of other parts of
the world, in India too ballads,
folktales and folk music have
passed through the oral and
written traditions
 Indian literature has a sizeable
share of folk songs, folk tales,
poems, riddles and even many
stories forming part of great
epics like The Ramayana and
The Mahabharata and the
Panchatantra and Betal stories,
all of which form part of the rich
heritage of folklore, but are still
essentially expressed and
communicated in written form.

10.  Yet another category of folklore is that which is
neither oral nor written. Folk dances, folk arts and
crafts, folk paintings, sculptures, etc., are transmitted
not orally or through written medium, but through
visual tradition, imitations, observations, through
training and performances.
 Folklore, thus, is the product of human creativity,
creation of people who live in a particular
geographical area, sharing the same language, culture,
mechanism of livelihood and living conditions. The
life styles and traditions of the folk are characterized
by a common identity. Folklore is the product of the
creative ideas of the people who express such
creativity through verbal, artistic or material forms,
and this in turn is transmitted orally or in written form
or through some other medium from one generation to
another, belonging to a literate or nonliterate society,
tribal or non-tribal, rural or urban people.

11. FORMS OF TRADITIONAL
KNOWLEDGE ON THE BASIS OF ITS
NATURE
 Traditional knowledge can be found in a wide
variety of contexts, including: agricultural,
scientific, technical, ecological and medicinal
knowledge as well as biodiversity-related
knowledge.

12. Agricultural form of traditional
knowledge
 Koraput Traditional Agriculture, India
Traditional systems in the Koraput Region are strongly
linked to the local traditional communities.
From their knowledge and practices, a high biodiversity
has been conserved through an in-situ conservation
preserving endemic species.

13. The traditional farming systems of the local
communities plays a role in conserving the
rich floristic diversity consisting of about 2500
species of flowering plants. Strongly linked as
a cultural trait, sacred grove is an effective
method of preserving plant genetic resources.
It is a biological heritage as well as social
mechanism by which a forest patch is
protected with a religious significance.

14. Scientific form of traditional
knowledge
 Ayurveda
Long before, Charaka authored a
foundational text, Charakasamhita, on the
ancient science of Ayurveda. Referred to
as the Father of Indian Medicine,
Charaka was was the first physician to
present the concept of digestion,
metabolism and immunity in his book.
Charaka’s ancient manual on preventive
medicine remained a standard work on the
subject for two millennia and was
translated into many foreign languages,
including Arabic and Latin.

15.  Wootz Steel
This steel was used to make the famed Damascus
swords of yore that could cleave a free-falling silk
scarf or a block of wood with the same ease.
Produced by the Tamils of the Chera Dynasty, the
finest steel of the ancient world was made by heating
black magnetite ore in the presence of carbon in a
sealed clay crucible kept inside a charcoal furnace.
This gives an example of traditional nanotechnology
techniques

16. Technical form of traditional knowledge
 Indigenous Technical Knowledge
(ITK) of fish farmers at Dhalai
district of Tripura, North East
India.
 Fig. 1-11Location of study site;
Bottle gourd cultivation along
with fish; Duba (natural); Duba
(natural); Duba (man-made);
Integrated fish culture; Use of
bamboo and tree twigs in the
pond; Ponds used for the
protection of bamboo from
damage; Bamboo made fishing
trap (conical); Bamboo made
fishing trap (cylindrical); Bamboo
made fishing trap (basket type)

17. Ecological form of traditional
knowledge
 Local knowledge of weather prediction or forecast
enables indegenous farmers in india to make decisions
on crop patterns, planting dates & livestock
management, enhancing there capacity to adapt to
extreme conditions such as droughts

18. Medicinal form of traditional
knowledge
 India is known for its traditional medicinal
systems—Ayurveda, Siddha, and Unani.
Medical systems are found mentioned even in
the ancient Vedas and other scriptures. The
Ayurvedic concept appeared and developed
between 2500 and 500 BC in India .

19. FORMS OF TRADITIONAL
KNOWLEDGE ON THE BASIS OF ITS
HOLDER
 1. Community traditional knowledge
 2. Publicly known traditional knowledge
 3. Individual traditional knowledge
 4. Documented traditional knowledge
 5. Vocal traditional knowledge
 6. Sacred traditional knowledge
 7. Secular traditional knowledge
 8. Indigenous knowledge

20.  Community TK indicates
information that is not known
to all but known only to a
small group of people. Eg:
Tribal Knowledge. This
knowledge is generally being
transmitted verbally only to
the members of the
community.
 Publicly known TK refers to
the information commonly
known and used by the people
with or without
documentation. The medicinal
use of Neem, Tulsi etc.
provides examples of this
class.

21.  Individual TK is available only with an
individual or certain member of a family.
Usually this information is handed over orally
from the elder to his successor
 Documented TK means information that is
well documented and available to the public
Eg: Ayurvedha.
 Vocal TK covers knowledge which is
unwritten but preserved and handed over
through generations orally.

22.  Sacred TK (related to worship) consists both sacred tangible
as well as sacred intangible rights. Sacred tangible rights
suggest the property rights in tangible objects used as part of
or pertaining to something sacred. There are also sacred
intangible rights which include intellectual property and other
intangible rights 14 applicable to the costume, choreography
and photographs etc. of traditional sacred dance belonging to
the community.
 Secular TK refers to the communities’ right over arts and
crafts. In this context, it includes material proper for
commercial exploitation _ items such as the family crests used
in ceremonial occasions on clothing, masks, dance screens,
etc. It also includes rights in photographs, choreographies,
music or audiovisual productions used in non-sacred events
and ceremonies.

23. Indigenous traditional knowledge
 Traditional Indigenous knowledge can be defined as a
network of knowledges, beliefs, and traditions
intended to preserve, communicate, and contextualize
Indigenous relationships with culture and landscape
over time.
 Indigenous knowledges are conveyed formally and
informally among kin groups and communities
through social encounters, oral traditions, ritual
practices, and other activities.
 Indigenous communities have devised distinctive
methods of encoding useful data within philosophies
of thought and modes of activity that are linked to
particular landscapes

24. Examples
 Animal herd management in the Arctic, where
remote satellite sensing, meteorology and
modelling are complemented with the
indigenous knowledge of Sami and Nenets
reindeer herders

25.  Some mind and body practices used in
traditional Chinese medicine practices, such as
acupuncture and tai chi, may help improve
quality of life and certain pain conditions.

26. Need for protection of Traditional
Knowledge
 (TK) is integral to the identity of most local
communities.
 The preservation, protection and promotion of the
TK-based innovations and practices of local
communities are particularly important for
developing countries.
 Their rich endowment of TK and biodiversity plays a
critical role in their health care, food security, culture,
religion, identity, environment, trade and
development.

27.  There are concerns that this knowledge is
being used and patented by third parties
without the prior informed consent of TK
holders
 Such concerns have pushed TK to the
forefront of the international agenda, triggering
lively debate about ways to preserve, protect,
further develop and sustainably use TK.

28. How it is protected
 In 2000, WIPO members established
an Intergovernmental Committee on Intellectual
Property and Genetic Resources, Traditional
Knowledge and Folklore (IGC), and in 2009 they
agreed to develop an international legal instrument
(or instruments) that would give traditional
knowledge, genetic resources and traditional cultural
expressions (folklore) effective protection.
 Innovations based on TK may benefit
from patent, trademark, and geographical
indication protection, or be protected as a trade secret
or confidential information. However, traditional
knowledge as such - knowledge that has ancient roots
and is often oral - is not protected by
conventional intellectual property (IP) systems.

29. Two types of intellectual property protection are being
sought:
 Defensive protection :- Defensive protection refers
to a set of strategies to ensure that third parties do not
gain illegitimate or unfounded IP rights over TK.
 Positive protection :- Two aspects of positive
protection of TK by IP rights are being explored:
>Preventing unauthorized use, and
>Active exploitation of TK by the originating
community itself.

30. BIOPIRACY
 Biopiracy can be defined as
(unauthorized or uncompensated)
appropriation & commercial
exploitation of genetic resources in
developing countries &/or traditional
knowledge of indigenous
communities by corporation, mostly
from the developed countries, which
seek then “monopoly control”, usually
patents, over these resources or
inventions derived from these
resources.

31. Case Study
 Turmeric Patent:- In 1995, the United State
awarded patent on turmeric to University of Mississippi
medical center for wound healing property. Turmeric is a
tropical herb grown in east India. Turmeric powder is widely
used in India as a medicine, a food ingredient and a dye to name
a few of its uses. The Indian Council for Scientific and
Industrial Research (CSIR) had objected to the patent granted
and provided documented evidences of the prior art to USPTO.
Though it was a well known fact that the use of turmeric was
known in every household since ages in India, Due to extensive
researches, 32 references were located in different languages
namely Sanskrit, Urdu and Hindi.
 Therefore, the USPTO revoked the patent, stating that the
claims made in the patent were obvious and anticipated, and
agreeing that the use of turmeric was an old art of healing
wounds. Therefore, the TK that belonged to India was
safeguarded in Turmeric case.

32.  Neem Patent case:-The patent for Neem was first filed by
W.R. Grace and the Department of Agriculture, USA in
European Patent Office. The said patent is a method of
controlling fungi on plants comprising of contacting the fungi
with a Neem oil formulation. A legal opposition has been filed
by India against the grant of the patent. A tree legendary to
India, from its roots to its spreading crown, the Neem tree
contains a number of potent compounds, notably a chemical
found in its seeds named azadirachtin. The EPO identified the
lack of novelty, inventive step and possibly form a relevant
prior art and revoked the patent. Apart from this, several US
patents were recently taken out Neem-based emulsions and
solutions.
Other cases of TK patent issues
 Patent issue Jamun, Brinjal & Karela
 Basmati rice case

33. TKDL
 Traditional Knowledge Digital Library is a pioneer initiative of
the Indian Government, and came to the fore due to the India's
efforts on revocation of patent on wound healing properties of
turmeric at the USPTO and the patent granted by the European
Patent Office(EPO) on the antifungal properties of neem.
 It was identified by the TKDL expert group in 2005 that
annually around 2000 patents were granted around the world
erroneously concerning Indian system of medicine by patent
offices around the world.
 TKDL provides contents of the ancient texts on Indian
Systems of Medicines i.e. Ayurveda, Siddha, Unani and Yoga,
into five international languages, (English, Japanese, French,
German and Spanish) with the help of IT tools and an
innovative classification system - Traditional Knowledge
Resource Classification (TKRC) Bio-piracy and
Misappropriation of TK.