Traditional Knowledge And Patent Issues

Introduction

Traditional knowledge is a knowledge that is passed by our ancestors. It is a knowledge that is developed by our ancestors and sustained by generations and they pass to the next generation. It has ancient roots and often oral and informal. It is not protected by conventional intellectual property protection systems. Because of this reason many developing countries have specific system for protecting their traditional knowledge. India has played a very large impact on documentation of of traditional knowledge thereby bringing the protection of traditional knowledge at the centre stage of the International Intellectual Property System. Provision of Traditional Knowledge Digital Library (TKDL) Access (Non-Disclosure) Agreements with several international patent office's including USPTO, EPO, JPO etc. by Indian Government. Under these agreements many patents concerning india’s traditional knowledge have been withdrawn or cancelled by patent office.

Traditional Knowledge Digital Library

Traditional knowledge digital library is also known as TKDL. TKDL is initiative taken by Indian Government. It is the result of india’s efforts on revocation of patent on wound healing properties of turmeric at USPTO and patent granted by EPO(European patent office) on antifungal properties of Neem. India has a vast amount of traditional knowledge available in local languages like Sanskrit, Arabic, Hindi, Urdu, Gujarati, Tamil etc. These knowledge is not accessible or comprehensible by patent examiner of international patent offices. So, there are number of patent that are granted by international patent office and concerning to the traditional knowledge available in india,so these patents have to be revoked. In 2005, TKDL identified that around 2000 patents were erroneously granted by international patents offices concerning indian system of medicines. Then TKDL provides contents of medicine system of india like Ayurveda, Siddha, Unani and Yoga, into five international language like English, French, Japanese, German and Spanish using information technology tools.

The utilization of protected innovation frameworks to legitimize the selective proprietorship and power over biological resources and biological items and procedures that have been utilized over hundreds of years in non-industrialized culture can be characterized as "bio-piracy". At the end of the day bio-piracy implies misappropriation of conventional information with an aim to gain patent assurance over that knowledge. Devolution, infringement, the bio prospecting surge, absence of proper lawful frameworks and a conflict of frameworks all make customary information profoundly helpless against bio-piracy. Traditional knowledge is related with biological resources which thus is a segment of biodiversity. The pieces of information/leads given by TK can be used to grow best practices/forms/framework for humanity without the venture of tremendous measure of cash for research and results approval through clinical preliminaries in labs, over all such learning spares time. In the ongoing past, a few instances of bio-piracy of TK from India have been accounted for. Coming up next are the most noticeable cases with respect to misappropriation of TK from India.

Turmeric Patent

Turmeric is a tropical herb developed in east India. Turmeric powder is broadly utilized in India as a solution, a food ingredient and a color to give some examples of its uses. For example, it is utilized in treating the normal cold, as a blood purifier, and as an enemy of parasitic for some skin contaminations. It is additionally utilized as a basic ingredient in cooking numerous Indian dishes. In 1995, the United States granted patent on turmeric to University of Mississippi therapeutic community for wound healing property. The asserted topic was the utilization of "turmeric powder and its organization", both oral and in addition topical, for wound healing. A restrictive right has been allowed to sell and circulate. The Indian Council for Scientific and Industrial Research (CSIR) had protested the patent allowed and gave reported confirmations of the earlier workmanship to USPTO. Despite the fact that it was a verifiable truth that the utilization of turmeric was known in each family since ages in India, it was a colossal assignment to discover written data on the utilization of turmeric powder through oral and in addition topical route for wound healing. Because of broad examines, 32 references were situated in various dialects to be specific Sanskrit, Urdu and Hindi. In this manner, the USPTO revoked the patent, expressing that the cases made in the patent were obvious and foreseen, and concurring that the utilization of turmeric was an old craft of healing wounds. Along these lines, the TK that had a place with India was protected in Turmeric case.

Neem Patent

The patent for Neem was first recorded by W. R. Grace and the Department of Agriculture, USA in European Patent Office. The said patent is a technique for controlling fungi on plants including reaching the parasites with a Neem oil formulation. A lawful restriction has been documented by India against the concede of the patent. The lawful resistance to this patent was held up by the New Delhi-based Research Foundation for Science, Technology and Ecology (RFSTE), in co-activity with the International Federation of Organic Agriculture Movements (IFOAM) and Magda Aelvoet, previous green Member of the European Parliament (MEP)

A tree amazing to India, from its foundations to its spreading crown, the Neem tree contains various powerful mixes, remarkably a synthetic found in its seeds named azadirachtin. It is utilized as an astringent in such a significant number of fields. The barks, leaves, blooms, seeds of neem tree are utilized to treat an assortment of infections extending from sickness to diabetes, skin issue and ulcers. Neem twigs are utilized as disinfectant tooth brushes since time immemorial. The rivals' submitted proof of antiquated Indian ayurvedic writings that have portrayed the hydrophobic concentrates of neem seeds were known and utilized for a considerable length of time in India, both in relieving dermatological ailments in people and in securing agrarian plants shape fungal diseases. The EPO distinguished the absence of curiosity, inventive advance or steps and potentially shape a pertinent earlier craftsmanship and revoked the patent. Aside from this, few US licenses were as of late taken out Neem-based emulsions and arrangements.