11-06-2024

TRADITIONAL KNOWLEDGE &

RIGHTS OF TK HOLDERS

Traditional Knowledge means….

The term traditional knowledge means the knowledge
possessed by “the indigenous people and communities,
in one or more societies and in one or more pattern,
with, but not reserved to art, dance and music,
medicines and folk remedies, folk culture, biodiversity,
knowledge and protection of plant varieties,
handicrafts, designs, literature”.

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Practicing Traditional Knowledge

• We use Neem while anybody suffering from any kind of fungal
infection on skin.
• If we cut our fingers while chopping vegetables or got hurt while
playing, immediately, we apply turmeric paste on the wound
that is healed in a day or two.
• In case of cough and cold, we use basil leaves (tulsi) to get rid of
it.
• People, who are living in villages, use small branches of Neem as
toothbrush.
• In case of complaint about indigestion or stomach ache, grandma
prepares ginger or lemon decoction which solves the problem.

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Practicing Traditional Knowledge

• India has very rich heritage of knowledge and in ancient period,
everyone had such knowledge but with development and
urbanization, linkage between ancient culture and men has been
disturbed and today very few people in urban areas are aware with
such knowledge.
• But, some communities in villages have preserved it.
• For example, The Fish Therapy for “asthama” is exclusive knowledge
of some communities of Hyderabad.
• Thus, this kind of knowledge which is preserved by some
communities is considered as Traditional Knowledge.

Definition
• 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.
• TK in a general sense embraces the content of knowledge itself as
well as traditional cultural expressions, including distinctive signs and
symbols associated with TK.
• TK in the narrow sense refers to knowledge as such, in particular the
knowledge resulting from intellectual activity in a traditional context,
and includes know-how, practices, skills, and innovations.

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Important Characteristics of TK
• It is learned through continuous observation, experience and
practice.
• It is inseparable part of communal and cultural life of its holders, and
• It is usually associated with the biological resources.
• It is not limited to any specific field of technology or the arts.
• It is owned by a community and its use is often restricted to certain
members of that community.

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What Objectives for protection of TK ??

• Recognize value • Promote innovation and creativity
• Promote respect • Promote intellectual and
• Meet the actual needs of holders of technological exchange.
TK • Promote equitable benefit sharing
• Empower holder of TK • Promote community development
• Support traditional knowledge and legitimate trading activities
system • Preclude the grant of invalid IP rights
• Contribute to safeguarding • Enhance transparency and mutual
traditional knowledge confidence
• Repress unfair and inequitable uses • Competent protection of traditional
• Concord with relevant international cultural expressions
agreements and processes.

Protection of TK- Some Measures

• As regards protection of knowledge, innovations and practices
associated with biological resources, these do not seem to meet the
conditions required for grant of patents or other IPRs (e.g., copyrights,
trademarks, etc.) under the prevalent IPR regimes i.e., novelty,
inventiveness and industrial applicability.
• These conventional forms of IPRs are inadequate to protect indigenous
knowledge essentially because they are based on protection of
individual property rights whereas traditional knowledge is by and large
collective.
• Further, TK is developed over several generations over a period of time
and is therefore not novel or inventive.

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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.

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Traditional Knowledge Digital Library (TKDL)

TKDL is an Indian digital knowledge repository dedicated to traditional
knowledge, particularly medicinal plants and formulas utilized in Indian
medical systems. The library’s goal is to safeguard the country’s historic and
traditional knowledge from exploitation through bio – piracy and illegitimate
patents by digitizing it and classifying it according to worldwide patent
classification methods.
Many formulas have been chosen from several classical sources of Indian
Systems of Medicine such as Ayurveda, Unani, Siddha, and Sowa Rigpa in the
Traditional Knowledge Digital Library’s (TKDL’s) comprehensive database. The
selected formulas include plant, animal, and mineral derived components to
treat a range of illness problems, as described in classic Indian literature of
various medical systems.

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Objectives of TKDL
It aims to prevent patents from being granted for things built using
traditional knowledge having miniscule, if any, novel break throughs.
Its goal is to serve as a link between ancient Sanskrit records and
patent examiners, with a database that contains information in a
language and manner that patent examiners can understand.
It also makes information not readily available to patent examiners
more accessible, reducing the likelihood of patents being issued for
“inventions” containing just slight or trivial changes.

TKDL Journey
October, 1999; December 1999 - Approach paper on setting up of TKDL; Submission of approach paper to Standing Committee on Information Technology (SCIT),
World Intellectual Property Organisation (WIPO).
January, 2000 - Setting up of the interdisciplinary (inter-ministerial Task Force on TKDL
May, 2000 - Submission of TKDL Task Force Report to Department of Indian System of Medicine and Homeopathy; and presenting TKDL Concept & Vision at
International forum .
January 2001 - Cabinet Committee of Economic Affairs (CCEA's) approval for the TKDL Project
June, 2001 - Memorandum of Understanding (MoU) between Department of ISM&H now AYUSH) and National Institute of Science Communication (now CSIR-National
Institute of Science Communication and Information Resources)
July, 2001 - Development of TKDL software, specifications and design
October, 2001 to March, 2002 - Establishing TKDL team of Project Assistants (IT), Ayurveda, Patent Examiners, etc.
February, 2001 - Presentation on Traditional Knowledge Resource Classification (TKRC) at International Patent Classification (IPC) Union for getting established WIPO-TK
Task Force consisting of USPTO, EPO, JPO, China and India
February, 2002 - WIPO-TK Task Force recommended addition of a new subclass under A 61; Committee of Experts recommended: (i) inclusion of approx. 200
subgroups on TK against earlier few sub-groups on medicinal plants, (ii) linking of TKRC to IPC and (iii) continuation of work on biodiversity, TK and TCE
November - December, 2002; July, 2003 - Internationally recognized specifications and standards for setting up of TK databases and registries based on TKDL
specifications, their drafting presentation and adoption of recommendations at the 5th Session of IGC
August, 2002 - Constitution of Access Policy Issue Committee (APIC)
March, 2003 - First batch of data abstraction work on 36,000 Ayurveda formulations for creating TKDL in five languages, i.e. English, German, Spanish, French and
Japanese
October, 2003 - Release of demo TKDL CD containing a sample of 500 formulations
June 2004 - Initiation of the TKDL Unani project
August 2004 - Initiation of TKDL Ayurveda Phase II
October, 2004 - Concordance between IPC and TKRC and approval on linking of TKRC with IPC

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TKDL Journey
August, 2005 - Initiation of project on TKDL Siddha; Creating of TKRC containing approx. 25,000 subgroups
January, 2006 - Inclusion of 207 subgroups, related to algae, fungi, lichens or plants or derivatives thereof used in traditional herbal medicines in International Patent
Classification, 8th Edition
June 2006 - Approval on Access to TKDL database to international patent offices by Cabinet Committee on Economic Affairs
January 2008 - Initiation of activities on creation of TKDL Yoga
February 2009 - TKDL Access Agreement with European Patent Office (EPO)
July 2009 - TKDL Access Agreement with USPTO
July 2009 - The first prior art evidence based on TKDL citations under Third Party observations against 35 patent applications submitted to EPO leading to development
of a formalised structure for filing Third Party Objections (TPOs)/oppositions at various international patent offices
October, 2009 - TKDL Access Agreement with German Patent and Trademark Office (DPMA)
February, 2010 - TKDL Access Agreement with United Kingdom Intellectual Property Office and Canadian Intellectual Property Office (CIPO)
January, 2011 - TKDL Access Agreement with Intellectual Property Australia (IP Australia)
March 22-24, 2011 - International Conference on 'Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for the Protection of Traditional Knowledge
April, 2011 - TKDL Access Agreement with Japan Patent Office (JPO).
July, 2012 - First Amending Agreement to TKDL Access Agreement with European Patent Office (EPO)
August, 2012 - First Amending Agreement to TKDL Access Agreement with Canadian Intellectual Property Office (CIPO)
January, 2014 - First Amending Agreement to TKDL Access Agreement with United Kingdom Intellectual Property Office (IPO)

TKDL Journey
May, 2014 - TKDL Access Agreement with Chile Patent Office (INAPI)
June, 2014 - First Amending Agreement to TKDL Access Agreement with Japan Patent Office (JPO)
October 2015 - TKDL Access Agreement with Intellectual Property Corporation of Malaysia (MyIPO)
June, 2017 - TKDL Access Agreement with Rospatent (Russia).
June, 2017 - TKDL Access Agreement with INDECOPI (Peru).
October 2017 - First Amending Agreement to TKDL Access Agreement with Chile Patent Office (INAPI).
September 2018 - Initiation of Project on Ayurveda from Kerala manuscripts.
October 2018 - Initiation of Project on Sowa Rigpa
April 2019 - TKDL Access Agreement with Spanish Patent and Trademark Office.
October 2019 - Second Amending Agreement to TKDL Access Agreement with IP Australia
October 2021 - TKDL Access Agreement with Danish Patent and Trademark Office
August 2022 - Cabinet approves widening access of the Traditional Knowledge digital library database to users,
besides patent offices
September 2022 -TKDL Access Agreement with National Industrial Property Institute, France.

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TKDL Outcomes against Bio-Piracy

• Traditional Knowledge Digital Library (TKDL) has been recognized nationally and internationally as a successful defensive,
prior art tool in preventing misappropriation of Indian traditional knowledge (TK).

• The TKDL database is currently being used by 15 patent offices across the world, including India for examining patent
applications before considering grant.

• To supplement the efforts of patent examiners, third-party observation (TPO)/ pre-grant opposition (PGO) are also
submitted at a number of national/ regional patent offices using available legal provisions. Such provisions allow third
parties to raise questions regarding patentability (including novelty or inventive step) of patent applications prior to their
grant.

• CSIR-TKDL Unit submits TKDL evidences as in the aforementioned defense instruments contesting the patentability of
applications based on Indian TK at national/regional patent offices, thereby avoiding expensive litigation.

• Beginning July 2009, the TKDL team has identified several patent applications at international patent offices like United
States Patent and Trademark Office (USPTO), European Patent Office (EPO), Canadian Intellectual Property Office (CIPO),
German Patent and Trade Mark Office (DPMA), United Kingdom Patent & Trademark Office (UKPTO), IP Australia and
Controller General of Patents Designs and Trademarks (CGPDTM, India), with respect to Indian Systems of Medicine.

• In these cases, prior-art evidences from TKDL have been filed at pre-grant stage under relevant provisions at these patent
Offices. The outcomes of these efforts, as mentioned below, include patent applications being
withdrawn/cancelled/declared dead/terminated or have had claims amended by applicants or rejected by the Examiner(s)
on the basis of TKDL submissions.

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