TRADITIONAL KNOWLEDGE

Introduction:-
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:
• The big business houses, hoteliers, film industries and music tycoons are
using cultural and expressions of nomadic tribal and village community.
• Rich traditional knowledge heritage is widely used in pharmaceutical industry
for ex:-Allopathic and ayurvedic medicine.
• 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
profit.

Meaning of Traditional Knowledge:

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 dilated .

Threat to Traditional Knowledge:

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.
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
development.
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 groups
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 accelerate 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 Sanskrit. Text and a paper published in 1953
in the journal of the Indian medical association. The US patent often upholds 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
fungi 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
Innovation.
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 lead to T.K. resource classification the important characteristic of his
library as
i. It records approximately 35,000 Ayurvaedic medicinal
formulations based on T.K.
2. The details of formulation include description. Method of preparation and
certain botanical name of plant and diseases which can be cured.
3. Sanskrit text of formulation has been translated in many foreign languages
4. This will be available 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 examiner.

Non – Governmental organizations (NGO) Efforts also making effort for developing data
base and bringing the local art and cultural on the national and international scenario.
 The society for research and advise for sustainable technologies and institute
Ahmadabad, Gujarat has been developing data base of T.K. and innovations in glaze
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
application.

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 monetary 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 2001

This act has following important provisions for recognizing T.K.
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 evolving new
urology
It the application facts to disclose the contribution of farming community and source of
genetic resources, his registration will be cancelled.

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