Sie sind auf Seite 1von 13

Traditional Knowledge

Once of the interesting and emerging areas, which are
very much focused globally and given recognition is
intellectual property rights, Intellectual property rights
means those rights resulting from intellectual activity in the
industrial, literary, scientific, or artistic fields. These types of
property are intangible in nature: the owner of such property
may use them absolutely. No other member of the society
can use them lawfully without the authority of the original
owner or propriety during the recent past the development
of intellectual property rights can be seen in the field of
biotechnology, biodiversity and the traditional knowledge
patent law has been extended to the traditional knowledge is
always associated with the biological resources, which is to
be preserved and protected from outside agencies from
being utilized at the cost of possessor of such knowledge.

Meaning of the word Traditional knowledge:-

There is no specific definition for the word Traditional
knowledge. It is systematic information that remains in the
informal sector, normally they are in unwritten and
preserved in oral tradition rather than in the not confined to
any specific field. It covers medicines, health, care,
biodiversity, conservation environment, and agriculture etc.
sometimes it also covers music, dance, textiles, plastic, arts
and crafts etc. Therefore traditional knowledge reflects the
beliefs, history, ethics, and tradition of a particular group of
people. The basic feature of the Traditional knowledge is
that, it is not created or produced systematically. But it is
created or produced collectively or in dividedly in relation to
once, cultural and traditional environment values of a
particular group.
Traditional knowledge is not documented but
transported from one generation to another orally. This
knowledge cannot be separated from the traditional people
Traditional knowledge can also be associated with plants
such as medicinal and harvesting. The patent can also be
claimed on Traditional knowledge For ex: patents protect
invention which are considered to be new involving inventive
step, and capable of industrial application. Even the
individual holder of traditional knowledge can also acquire
patent which is passed on from generation to generation
provided they fulfill the above requirement but in reality.
Traditional knowledge means knowledge of indigenous
people for their environment which is bused on centuries of
living close to nature today’s world is knowledge worker. In
to wealth people at large don’t have the capacity to
transform their knowledge in to wealth. It is mainly because
of their poverty illiteracy and technological gadgets on the
other hand some are able strong and potent to use
traditional knowledge for their profiteering.
For ex:-
1 The big business houses, hoteliers, film industries and
music tycoons are using cultural and expressions of
nomadic tribal and village community.
2 Rich traditional knowledge heritage is widely used in
pharmaceutical industry
For ex:-Allopathic and ayurvedic medicine.
3. village community, tribal and indigenous people have
traditional knowledge of biodiversity which serves a largest
genetic resource for breeding activities but gene giant or
seed giant (m n c s) through IPR regime may mark huge
Meaning of T.K.:-
The indigenous people f world possess an immense
knowledge for their environment based on centuries of living
close to nature living in land full of richness and variety of
complex ecosystem they have an understanding of the
properties of plants and animals the functioning of
ecosystem and the teachings of using and them that is
particular and often delaited . In rural communities of
developing countries locally sometimes for foods, Medicines,
Fuels, the people’s knowledge & perceptions of environment
of their relationship with it are often important. Cloments of
cultural identity.
Threat to traditional K.
The development of new technology & the new use of T.K.
based products today are the major threats to the Survival of
many of these communities, The modern cultural industries
as the main fracturing as well as the manufacturing
industries now commercially exploit the t.k. based products
using new technology without the permission and sharing of
profits with the communities. It is possible to day to bring
out new products or find out new use of existing products
based on T.K. utilizing the technological development in the
field of bio technology. The development of new products or
new use of existing products enables the claim of patent .

Neem and Turmeric case

Need for protection of T.K.

The need and justification for protecting T.K. can be
underlined as under
1. T.K. has potential of being transformed in to wealth
by providing leads / clues for development of useful
practices and processes for the benefit of mankind.
2. The valuable leads / dues provided by T.K. can save
time, money investment in modern biotechnology,
and other industries to research and product
3. Existing IPR System is based on individual private
property rights T.K. is incompatible with IPR because
it emphasized collective creation and ownership
4. In T.K. system information is classified in to four
a. Information known to society with or without
documentation and is in constant use by people
eg. Common use of Neem and turmeric.
b. Information is well documented and avoidable to

the public for examination and use eg. Ayurvadic

text, information in the palm leaves.
c. Information that is not documented or commonly

known outside group of people and not rovoled

outside the groups eg. Tribal knowledge.
d. Information know only to individuals and Member

of families eg. Curo of asthama by goud family of

Hyderbad using specific fist verity as a means for
dispensing anti asthmatic drug.
The information which falls within public domain do not
satisfy IPR criterion eg. Newness, non obviousness and
inactiveness thus IPR system is not applicable to protect T.K.
1. Only protection of T.K. system witch provide an
effective benefit sharing mechanism which is
enshrined in new IPR legislation.
2. It is not fair that t.k. is appropriated for commercial
use without sharing of benefit. Appropriations will
violate indigenous cultural precepts by encouraging
the co modification of such knowledge.
3. protection of T.K. will be helpful in contesting false
claims of IPR.
4. T.K. based on Plant based medicine may enable India
to acceleratic drug development.

Protection of T.K. at international level

First attempt perhaps was made by WIPO – UNESCO on
developing the model provision of national legislation for
protection of folklore certain T.K. of community which are
is the form of literature . Music crafts are recognized for
protection from reproduction without authorization.

Neem and Turmeric case
The Indian council for scientific and Industrial Research
(CSIR) filed a case with the US patent office challenging
the patent on the grounds of `prior ort \’i.e. existing public
knowledge. CSIR said turmeric has been used for
thousands of years for heading wounds and rashes and
therefore its use as a medicine was not a new invitation.
CSIR also preserved on axiod sanskrith. Text and a paper
published in 1953 in the journal of the Indian medical
association. The US patent often uphold the objection and
cancelled the patent . The turmeric case failed to meet
the novelty criteria.
The European parliament off to (EPO) revoked in its
entirely patent number 436257 which had been grasted to
the USA and Multinational. Corporation W-R. grow for a
fungical derived from the seeds of the neem troc.

Global initiative
LOIPO & UNESCO jointly took the initiative for developing
Model legislation for protection of folklore another attempt
was made by the united nations UN draft Declaration of
Right of indigenous people 1994 though agreed that prior
approval of the community should be obtained before
using T.K. but the claim of ownership was not accepted.
TRIPs did not make any significant provision for protecting
T.K. no. uniform norms were laid down for protection of
T.k. This led WIPO to set op inter governmental committee
on inter actual property and genotic resoaries T.K. of
folklore. The Committee was established as an inter as
and international forum to dobote and dialogue
concerning interplay b/w IPR and T.K. genetic resources
and traditional cultural expression.
The WIPO inter governmental committee identified of T.K.
folklore access to genetic rescores and benefit sharing But
till fifth session of inter governmental committee legal
framework at international level could not be formulated.
Convention on biological diversity (CBD) 1992 has also
recognized contributions of local and indigenous
communities to the construction of sustainable utilization
of biological diversity through T.K. practices and
convention on biological diversity
Article 8(j) of the CBD provides that contracting parties shall
as far as possible of appropriate of subject to their national
legislation, respect, preserve & maintain knowledge,
innovations and practices and encourage the equitable
sharing of the benefits arising from the utilization of such
knowledge, innovations and practices.

Indian initiative
1. Government efforts
a. The govt. of India has prepared medicine, pant

and systems which will also tead to T.K. resource

classification the important characteristic of his
library as
i. It records approximately 35,000 Ayurvaedic
medicinal formulation based on T.K.
2. The details of formulation include description.
Method of preparation and certain botanical name of
plant and disease:
Which can be crd .
3. Sanskrit text of formulation has been translated in
many foreign languages
4. This will be avoilable to almost all patent offices over
the world to search and examine any preventing bio-
piracy .
5. This will eliminate the problem of grant of wrong
patent since is knowledge is avoidable to patent

Non – Governmental organizations (NGO) Efforts also making

effort for developing data base and bringing the local art and
cultural on the national and international scemarion.
The society for research and advise for sustainable
technologies and institute Ahmadabad , Gujarat has been
developing data base of T.K. and innovations in glase
collaboration with local community members.

Legislative Effort:
Same efforts in the patent low Biodiversity law and plant
verities law have been mode. They may be briefly named as
a. Potent (Amendment Act) 2002 reflects exam for T.K.
the following provisions are supportive to the
protection of T.K>
1) Innovation based on T.K.of aggregation or duplication
of known properties of T.k. is not patentable.
2 It is compulsory for patent applicant to disclose source
and geographical origin of biological material used in
invention would be good ground for opposing patent

Biological diversity Act. 2002.

Section 4 of the B.D.A. provides no. persons hall, without
previous approval of the MBA, transfer the result of any
research relation to any biological resources occurring or
obtained from India for Monolary consideration or otherwise
to any body corporate or organization which is not has any
non –Indian participation in its share capital or management
The publication of research paper, collaborative research,
project may be involve biological resources or information
or knowledge. Publication has not been declared transfer
within section 4 Thus through publication or research
information of knowledge can be disseminated But this
freedom can be enjoyed only it publication is as per
guidelines of the central govt.

Protection of plant verities and farmers Right Act

This act has following important provisions for recognizing
1. concept of benefit sharing b/w provider and recipient
of plant genetic source.
2. Application seeking registration of plant variety must
disclose geographical location from where genetic
material has been taken which evoloing new uorioty
It the application facts to disclose the contribution of
farming community and source of genetic resources, his
registration will be cancelled.

Proposed private Bill

In the year 2000 the cochin university of science and
technology proposed a bill entitled as the Indian T.K. bill are
the main features of the proposed bill are,
1. Definition of T.K. include existing knowledge known
and used by the members of the Indian society from
generation to generation & exclude knowledge used in
secret by individual & group.
2. the formation of a community T.K trust which will have
the exclusion right to manger the T.K of the community
3. commercial exploitation of T.K. by person artside the

community wither in collaboration with members of the

community or not shall be with the prior informed
consent of the commits
4. the civil remedies that are provided to include
injunctions, damages and accounts of profits is bill also
provides for a maximum imprisonment of 3 year &
maximum time of Rs two lakh
It is submitted that the proposed bill may be taken as
doable initiator of the govt of India should consider for
comprehancive legislation covering all the dimensions of
T.K. WIPO has also received model draft form various
countries. WIPO 18 ac crctivly engajed in formulationg a
model law on T.K. their form produce including seeds. he
farmers can also seek protection under the act if they
develop new strains through selection and breeding if
they satiety the condition such as novelty distinctiveness
uniformity and stability.

Conclusion :-
The present legal regime in the field of Traditional
knowledge is inadequate and incomplete. the face remains is
that, the tribal people are placed in the disadvantaged
position to enjoy the benefit derived out of their traditional
knowledge like medicinal plants folkdance handicrafts, their
music ceremonies and culture are not documented there is
scope for pirating these by others including multinational
companies. These companies are marketing money by fully
utilizing their knowledge without sharing the profits to them.
Therefore the gout should take immediate measures to
document all type of traditional knowledge possessed by the
tribal people. It this is not done, then big companies at the
cost of the tribal would conjure the intellectual property of
the tribal

Books referred
1. have of intellectual property
Dr. s.myneni
2. Intellectual property Right
Dr. sreenivasulu N.S.