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KNOWNLEDGE:

Digital Library in India &

Impact on PATENT issu

BY:

PRATEEK MANDI

SAGAR KUMAR H.N

ULLAS JAIN G.N

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INTRODUCTION

Traditional knowledge (TK) is knowledge, skills and practices thadeveloped, sustained and passed on from generation to generat

within a community, often forming part of its cultural or spirituaidentity.

Traditional knowledge includes types of knowledge about tradittechnologies of subsistence and survival.

Example: tools and techniques for hunting or agriculture, ecoloknowledge, celestial navigation and the climate etc.

TK is based on accumulations of empirical observation and interwith the environment.

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Traditional knowledge is mainly used in fields such as agricultuhealth, horticulture and forestry.

Many widely used products, such as plant-based medicines

cosmetics, are derived from traditional knowledge.Other valuable products based on traditional knowledge inclu

and non-wood forest products as well as handicrafts.

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BIOPIRACYTraditional knowledge has always been an easily accessible trea

has been susceptible to misappropriation.

Traditional knowledge is often misappropriated because it is co

assumed that since it is in public domain, communities have givclaims over it.

Biopiracy can be defined as the stealing of biomedical knowledtraditional and indigenous communities or individuals.

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In 2000, CSIR found that almost 80 per cent of the 4,896 refereindividual plant based medicinal patents in the United States Pathat year related to just seven medicinal plants of Indian origin.

Three years later, there were almost 15,000 patents on such mspread over the United States, UK, and other registers of paten

In 2005 this number had grown to 35,000, which clearly demon

interest of developed world in the knowledge of the developing

unfortunately, none of the patent examiners are from developiallowing a virtual free pass to stealing TK.

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BIOPIRACY CASES ININDIA

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TURMERIC CASETurmeric is used as a spice for flavouring Indian

cooking.

It also has properties that make it an effectiveingredient in medicines, cosmetics and dyes.

In 1995, two expatriate Indians at the University ofMississippi Medical Centre were granted a US patent(no.5,401,504) on use of turmeric in wound healing.

The Council of Scientific & Industrial Research (CSIR),India, New Delhi filed a re-examination case with theUS PTO challenging the patent on the grounds ofexisting of prior art.

The US Patent Office revoked this patent in 1997.

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NEEM CASENeem extracts can be used against hundreds of pests and

fungal diseases that attack food crops.

The oil extracted from its seeds can be used to cure cold andflu. It provides relief from malaria, skin diseases and evenmeningitis.

In 1994, European Patent Office (EPO) granted a patent (EPOpatent No.436257) to the US Corporation W.R. GraceCompany and US Department of Agriculture for a method forcontrolling fungi on plants by the aid of hydrophobicextracted Neem oil.

In 1995, a group of international NGOs and representativesof Indian farmers filed legal opposition against the patent.

The patent granted on was Neem was revoked by the EPO

in May 2000.

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BASMATI RICERice Tec. Inc. had applied for registration of a

trademark Texmati before the UK Trade MarkRegistry.

Agricultural and Processed Food ExportsDevelopment Authority (APEDA) successfullyopposed it.

One of the documents relied upon by Rice Tec asevidence in support of the registration was the US

Patent 5,663,484 granted by US Patent Office toRice Tec on September 2,1997.

This US utility patent was unique in a way to claim arice plant having characteristics similar to thetraditional Indian Basmati Rice. It was challengedand later revoked by USPTO.

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TRADITIONAL KNOWLED

DIGITAL LIBRARY

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TKDL IN INDIA

Documentation of this existing knowledge isnecessary to protect it from being misappropriated in

the form of patents on non-original innovations.

It has been a matter of national concern to protectTK.

As a consequence to bio piracy cases, in 1999, theDepartment of AYUSH constituted an inter-disciplinary Task Force, for creating an approachpaper on establishing a Traditional Knowledge DigitalLibrary (TKDL).

The project TKDL was initiated in the year 2001.

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TKDL is a collaborative project between CSIR andMinistry of Science and Technology andDepartment of AYUSH, Ministry of Health andFamily Welfare, and is being implemented at CSIR.

An inter-disciplinary team of TraditionalMedicine(AYUSH) experts, patent examiners, ITexperts, scientists and technical officers areinvolved in creation of TKDL .

The project TKDL involves documentation of thetraditional knowledge available in public domain.

Documentation is done in digitized format in fiveinternational languages, which are English, German,French, Japanese and Spanish.

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T diti l K l d R

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Traditional Knowledge ResourceClassification (TKRC)

TKRC an innovative structured classification system for the psystematic arrangement and retrieval has been evolved for a

subgroups.

Subgroups are related to medicinal plants, minerals, animal effects and diseases, methods of preparations etc.

The TKRC is mainly divided into the following sections:

AAyurveda

BUnani

CSiddha

YYoga

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Section A i.e. Ayurveda is divided into the following

01Pharmaceutical preparations

02Personal Hygiene Preparations

03Dietary

04Biocides, Fumigatives

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The Pharmaceutical preparations are divided intofollowing sub-classes based on the material use

01ABased on Plants

01BBased on Animals

01CBased on Minerals

01DCharacterised by Diseases

01ECharacterised by Actions

01FMode of Administration

01GMiscellaneous

TKDL Database

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TKDL DatabaseTKDL database contains the scanned images of medicinal formu

the original books. TKDL covers over two lakh formulations, whitaken from Ayurveda, Unani, Siddha and Yoga texts.

It is pertinent to note that TKDL does not contain the entire infexisting in the Indian Systems of Medicine.

TKDL is a dynamic database, where formulations will be continuand continuously updated according to the inputs from the userdatabase.

The full database has been made available to all the IPR offices facilitate Prior Art search and prevent biopiracy.

Yoga and Traditional Knowledge

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Yoga and Traditional Knowledge

Copyrights over yoga postures and trademark on yoga tools areextensive in the West. Till now, 130 yoga-related patents grantedare traced.

Scientists are presently scanning through 35 ancient Sanskrit tethe Mahabharata, Bhagawad Gita and the Yoga Sutras of Patanjand document all known yoga concepts, postures and terminol

Till now, 600 asanas (physical postures) have already been doc

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MilestonesCompleting data abstraction work on 36,000 Ayurveda formulat

creating TKDL in five languages, i.e. English, German, Spanish, FrJapanese.

Release of demo CD containing a sample of 500 formulations.

Workshop on Creation of TKDL for SAARC Countries.

Request from Malaysia Thailand for having a joint workshop on sharing in the area of traditional medical knowledge.

TKDL have access agreement with USPTO,UKIPO,CIPO,AIPO,JPO other patent offices.

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CURRENT STATUS

CONCLUSION

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CONCLUSION

Once the traditional knowledge is recorded in TKDL, legally, it bedomain knowledge. Under the patent law, this means that it is c

be prior art and hence is not patentable.

Such a written record, in a form easily accessible to patent officeworld, would provide all such offices with a record of Indias prio

Patent examiners could easily check this database and rejectapplication that might be a mere copy of traditional knowledge. Tin preventing cases of bio- piracy.

REFERENCES

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REFERENCES

Gupta V. K. Traditional knowledge Digital Librarywww.accu.or.jp/ich/en/pdf/c2005sub_reg_Ind/pdf

Martin van Ameijde,Biopiracy: The need for a protective solutio

http://www.jur.lu.se/Internet/Utbildning/kurser/JCA803.nsf/43e52/

Subbiah Sumati. Reaping what they sow. The Basmati rice contand strategies for protecting TKhttp://www.bc.edu/schools/law/lawreviews/meta-elements/journals/bciclr/27/12FMS.htm

TKDL-Traditional Knowledge Digital Library www.tkdl.res.in TradKnowledge Resource Classificationwww.tkdl.res.in/tkdl/langdefault/common/TKRC.asp Yoga piracyshows whos the guru http://timesofindia.indiatimes.com/Yoga-India-shows-whos- the-guru/articleshow/4167939.cms