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How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?

GS 3
Economy
2019
15 Marks

The Government of India has established comprehensive mechanisms to protect traditional medicinal knowledge from unauthorized patenting by pharmaceutical companies, preventing biopiracy through systematic documentation and legal frameworks.

Legal and Institutional Framework

  • Traditional Knowledge Digital Library (TKDL): Comprehensive database documenting India's traditional medicinal knowledge, successfully preventing over 250 patent applications globally from misappropriation
  • Protection of Plant Varieties and Farmers' Rights Act, 2001: Provides robust legal framework protecting indigenous knowledge while balancing breeders' rights with farmers' rights
  • Ministry of AYUSH collaboration with CSIR: Systematic documentation and international patent opposition mechanisms
  • Biological Diversity Act, 2002: Regulates access to biological resources and associated traditional knowledge
  • Patents Act, 1970 (amended 2005): Includes provisions preventing patenting of traditional knowledge under Section 3(p)

Documentation and Digital Preservation

  • Systematic Documentation: Ayurvedic, Unani, and Siddha texts translated into multiple international languages for global patent office access
  • TKDL Structure: Over 34 million pages of traditional knowledge documented in five international languages (English, German, French, Japanese, Spanish)
  • North Eastern Institute of Folk Medicine (NEIFM): Focuses on documenting northeastern region's folk medicine practices
  • International Classification: Traditional knowledge classified using International Patent Classification (IPC) for global accessibility

Success Stories and Patent Challenges

CaseYearOutcome
Turmeric Patent (US)1995-1997Successfully revoked wound-healing patent
Basmati Rice Patent1997-2001Restricted to specific varieties only
Neem Patents1995-2005Multiple patents revoked/restricted
  • Post-Grant Oppositions: Over 900 patent applications based on traditional Indian knowledge challenged internationally
  • Pre-Grant Prevention: TKDL enables patent examiners to identify prior art, preventing inappropriate patents

International Cooperation and Recognition

  • Patent Office Partnerships: Access agreements with USPTO, EPO, JPO, and UKIPO for TKDL database
  • WIPO Recognition: TKDL recognized as innovative model for protecting traditional knowledge globally
  • Capacity Building: Training international patent examiners on Indian traditional knowledge systems
  • Regional Cooperation: Sharing documentation methodology with other developing nations

India's multi-dimensional approach through TKDL, Biological Diversity Act, and international cooperation has created a robust defense system against biopiracy, establishing a global benchmark for traditional knowledge protection and serving as a model for developing nations worldwide.

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