How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?
How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?
Subject: Economy
India's rich traditional medicinal knowledge, accumulated over millennia, faces the challenge of biopiracy and unauthorized patenting by pharmaceutical companies. The government has implemented robust mechanisms to protect this invaluable heritage through various initiatives and legal frameworks.
Documentation and Digital Protection
- The Traditional Knowledge Digital Library (TKDL) serves as a comprehensive repository containing 515,788 formulations from various Indian medicinal systems including:
- 148,456 Ayurveda formulations.
- 264,196 Unani formulations.
- 88,403 Siddha formulations.
- 8,197 Sowa Rigpa entries.
- 6,536 Yoga techniques.
Legal Framework and Success Stories
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Pre-grant Opposition System:
- Decreased from 800 cases in 2019-20 to 366 in 2023-24, indicating improved screening mechanisms.
- Successfully prevented 375 patent applications from being granted based on TKDL evidence.
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Landmark Cases:
- The Turmeric Case (1997): Successfully challenged US patent by presenting evidence from ancient Sanskrit texts.
- The Neem Case (2000): Revocation of European patent due to documented traditional usage in India.
International Cooperation and Best Practices
- Knowledge Exchange: Learning from international models like Botswana's Industrial Property Act of 2010 which provides exclusive rights to traditional practitioners.
- Access Agreements: Collaboration with international patent offices to prevent misappropriation of traditional knowledge.
Way Forward and Initiatives
- Development of an online registration system for traditional knowledge.
- Implementation of Traditional Knowledge Protection Laws.
- Enhanced cooperation with World Intellectual Property Organization (WIPO).
India's proactive approach in protecting its traditional medicinal knowledge through digital documentation, legal frameworks, and international cooperation has become a model for other nations. The success stories of turmeric and neem patents demonstrate the effectiveness of these protective measures in safeguarding our rich heritage of traditional medicine.
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