ESSENCE OF INDIAN TRADITIONAL KNOWLEDGE

Prepared By Dr. Ch S S S Kumar

A Professor
Department of Management Studies
Gayatri Vidya Parishad College of Engineering (A)
Kommadi, Visakhapatnam-530048
Andhra Pradesh, India
(for Internal circulation only)

UNIT-I
IntroductiontoTraditional Knowledge
Course Content:
1. Definetraditionalknowledge,
2. Natureandcharacteristics,
3. Scopeandimportance,
4. Kindsoftraditionalknowledge,
5. Thephysicalandsocialcontextsinwhichtraditionalknowledgedevelop,
6. Thehistoricalimpactofsocialchangeontraditionalknowledgesystems.
7. IndigenousKnowledge(IK),characteristics,
8. Traditionalknowledgevis-à-visindigenousknowledge,
9. TraditionalknowledgeVswesternknowledge,
10. Traditionalknowledgevis-à-visformalknowledge

TraditionalKnowledge
Sincetimeimmemorial,wewereputheretotakecareoftheland.Ourgrandfathersdidnotabusethe
landanditisourturntopassourknowledgeontoouryoungergenerations.Whatourforefatherskeptallthis
timeisveryprecious.It’snowinourhand.Don’tyoubelievethatourcreatorhasgivenusalltheresourcesan
dknowledgetoefficientlyusethoseresourceswithoutdisturbingtheeco-
systemandenvironment.Ourcreatoralsohasgiventheresponsibilityfortakingverygoodcareofwhatwe
have.Ifwedon’ttakecareofit,wewillloseeverygoodthingoneday.Thisisallwearetalkingaboutisthetra
ditionalknowledgethathasbeentransferredthroughgenerations.

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 TraditionalKnowledge(TK)istheawareness,experience,expertise,knowledgeandapplicatio
nsthatareestablished,continued,performedandpassedonfromgenerationtogenerationwithinaregiono
rcommunity,oftenformingapartofitscultural,socialorspiritualidentity.Itcanbeattributedtoinawideva
rietyofcontexts,suchas;agricultural,foodpreparations,artandcraft,science,technical,ecologicaland
medicinalknowledgeaswellasbiodiversity-relatedknowledge.
Inotherwords,
 TKinageneralsenseembracesthecontentofknowledgeitselfaswellastraditionalculturalexpre
ssions,includingdistinctivesignsandsymbolsassociatedwithTK.
 TKinthenarrowsensereferstoknowledgeassuch,inparticulartheknowledgeresultingfromint
ellectualactivityinatraditionalcontext,andincludesknow-
how,practices,skills,andinnovations.
ThebackgroundofTKandmanifestationofTKisquitedifferent;someTKisdocumented,suchas
TKconcerningtraditionalmedicine.However,thevastmajorityofTKisNOTdocumented,perhapsduet
ocustom(forexample,thetransmissionofindigenousmedicalknowledgebywordofmouthfrommastert
odisciple,ortransmissionbymovementorperformanceofadance,play,orceremony,etc.).Whetherone
publishesorrecordstheknowledgemakesnodifferenceatall,TKpublishedornot,isstilltraditionalknow
ledgeofthepeoples.TraditionalKnowledgethataremostlyundocumentedaretypicallyinheritedviawor
dofmouth.
Examplesareasfollows:
 Useofturmeric(CurcumaLonga)formedicinalpurposes.
 Useofashwagandha(WithaniaSominifera)totreatheartrelatedailments.
 TraditionalhealingpracticessuchasYogaandPranayama.
 Siddha,UnaniandAyurvedictreatmentofailments.
NatureofTK
 Generated,preservedandtransmittedinatraditionalcontext;
 Distinctivelyassociatedwiththetraditionalorindigenouscultureorcommunitywhichpreserves
andtransmitsitbetweengenerations;
 Linkedtoalocalorindigenouscommunitythroughasenseofcustodianship,guardianshiporcult
uralresponsibility,suchasasenseofobligationtopreservetheknowledgeorasensethattopermit
misappropriationordemeaningusagewouldbeharmfuloroffensive;
 ‘Knowledge’inthesensethatitoriginatesfromintellectualactivityinawiderangeofsocial,cultur
al,environmentalandtechnologicalcontexts;and,
 IdentifiedbythesourcecommunityasbeingTK.
CharacteristicsofTK
1.ThecreationofTKiscollectiveandholistic

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 Sciencereliesonanabstractconceptualframeworktointerpretphenomena.Thedescriptionofph
enomenaisusuallyquantifiablebyscientificexperiments,andfollowsastep-by-
stepscientificdeductiveprocess.Inordertofigureouttheconceptualrelationshipofcomplexphenomena
oftheworld,scientificinquiriesalwaysinvolvereductionprocess.Causeandeffectbetweencertainfacto
rsareeasiertobefoundbystandardizingandleavingalone,asfaraspossible,allotherfactorsthattheinquir
erdonotlookingfor.Evenwithecologyasascienceofcomplexinteractionsamonglivingandnon-
livingmattersofthewholeecosystem,itisinevitablefortheresearchprocesstobesomewhatreductionisti
c.
Ontheotherhand,indigenouspeoplesorlocalcommunitieslivetheirliveswithvastknowledgefo
rmedoverthecenturiesduringtheirdailylifeinteractingwiththeenvironment.Epistemologically,thisty
peofknowledgeisholisticinnatureandcannotbedissected.Forexample,afestivalafterthetaboomonthc
elebratingthebeginningofthehuntingseasonshouldavoidthebreedingseasonoftheanimal,aformofTK
thatassuressustainablehunting.TKisanarticulationofphenomena.Insteadofstep-by-
stepdeduction,TKusestherepeatedverificationofanideathatapersonorgroupofpeoplededucefromfac
ts.
However,TKisnotnecessarilyacollectivecreation.Individualcreationisalsopossible.Ontheot
herhand,modernscienceandtechnologydonotexcludecollectivecreationforinnovations;althoughusu
allyonlyoneormoretrainedindividualsownthetechnologyasasmall,definitegroupofindividuals.
2.OraltransmissionofTKfromgenerationtogeneration
Traditionallyindigenouspeopleshavenowritingsystem.Indigenouspeoplewouldtransmitkno
wledgebyorallanguageorbybodylanguage.Ontheotherhand,thetransmissionofscientificinformation
reliesonwrittenrecordsandpublications,andateachersimplyacceleratesthetransmissionofthisknowle
dgeorally.However,notallTKlackthewrittenrecords.
Forexample,thedistributionofclassicsonChineseandIndiantraditionalmedicinedisseminated
TKonChineseandIndiantraditionalmedicine.WIPOconsidersbothformsofmedicineasmodelformso
fTK.Today,indigenouspeoplesmayalsousewritingtotransmittheirTK,whetherneworold.
3.TKischangeable,andmayevolvebecauseofchangesinthesocialenvironment
“Traditional”doesnotjustmeanknowledgeofthepast,butratherthatthemethodofcreationofthi
sknowledgeisinthe“traditional”way.Sincepeople’sinteractionwiththeenvironmentproducesTK,TK
isbynomeansstatic,butratherdynamic,becauseofenvironmentalchanges.Since,inthepast,theenviron
mentchangedveryslowly,TKalsochangedinaveryslowandcontinuousway.
Scienceandtechnologychangefrequently,andataratethatisfasterthantherateatwhichTKchan
ges.However,thisdoesnotmeanthatthespeedofinnovationofmodern"TK"isslow.Today,indigenousp
eoplesandtribalinhabitantsmayexchangenewideasveryquickly.Nevertheless,TKchangesarenottypi
callyrevolutionary,unlessoutsideinfluencesaffectsuchTK.TraditionalChinesemedicinestillmaintai
nstheconceptsofthefiveelementsandtheprinciplesofYinandYangfromtheChinandHanDynasty,ago
odexampletoillustratethenatureoftheTK.

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4.Theinnovatorisoftenunidentifiable
ManypeoplesaccumulateTKasacollectivecreationwithoutawrittenrecord.Therefore,theinno
vatorsareoftenunidentifiable.Moderntechnology,bycontrast,haswrittenrecordsasarule,andplacesgr
eatemphasisontheimportanceofdeterminingtheoriginalcreator.Nevertheless,since,inmoderntimes,i
ndigenouspeoplescaninventsomeTKquickly,theirinnovatorusuallyisidentifiable.
5.ResidentsofspecificareasshareTK
OftenaclosedsocietycreatesandpreservesitsTK.ThedisseminationofTKislimitedandnon-
systematic.Oneindividual,asmallgroupofindividuals,orevenanentirecommunitymayallshareTK.Th
eindigenouspeoplesusuallydonothavethesameconceptofprivatepropertyasinmainstreamsociety.M
oderntechnology,however,spreadsinabroadandsystematicmanner,andmainstreamcultureembraces
sciencebygrantingthespecificindividualswhocreatetechnologyindividualrightsthroughtheIPsystem
.
Scopeof TK
ThescopeofTraditionalKnowledgeincludes
 TechnicalKnowledge(includingAgricultural, Technical, Ecological,
Medical,andotherformsofrelatedtechnicalknowledge),
 GeneralTK(includingMusic, Dance, Sculpture, Weaving, Designs,
Clothing,andotherfolkcustomtechniques,andotherexpressionofFolklore).
WhilethefirstkindofTKconcernsknowledgeofnaturalresourcesorscienceandtechnology,the
secondkindofTKconcernsculturalexpressionofthehumanitiesandthearts(notethatmanypeoplerefert
othesecondkindofTKas“expressionoffolklore”or“expressionsoftraditionalculture”).Thetwotypeso
fTKaredifferent,andthetypesofprotectionforthesetwotypesofTKarenaturallydifferentaswell.
Importance of TK
Forindigenouspeopleandtribalcommunities,themainfocusistoprotecttheirtraditionalknowle
dgeandfocalpointonfundamentaljusticeandthepropensitytoprotectandsafeguardtheirtraditions.Inth
eglobalizedworld,traditionalknowledgesomehowgainedspecialimportanceinthepastfewyearswhic
hhaveseenanoutburstinthedemandforherbalmedicines.Theseherbalsandthetraditionalmethodforma
kingthesemedicineistakinganimportantpartofhumanhealth.Traditionalknowledgehasgreatimporta
ncepertainingtothecoreofindigenouspeoples’identities,culturalheritageandlivelihoods.Followingar
ethemajorimportanceofthetraditionalknowledge.
 Thetransmissionoftraditionalknowledgeacrossgenerationsisfundamentaltoprotectingandpr
omotingindigenouspeoples’culturesandidentitiesandaswellasthesustainabilityoflivelihood
s,resiliencetohuman-
madeandnaturaldisasters,andsustainingculturallyappropriateeconomicdevelopment.
 Traditionalknowledgeunderlinesindigenouspeoples’holisticapproachoflife,whichisacentra
lelementoftheworld’sculturalandbiologicaldiversity.

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  TKplaysakeyroleinthepreservationandsustainabilityofdiversity
 Manyactivitiesbasedontraditionalknowledgeareimportantsourceofincome,foodandhealthc
arefortheindigenouspeople.
 Thelong-
termeconomicdevelopmentofmanyindigenousandlocalcommunities,dependontheirabilityt
oharnesstheirtraditionalknowledgeforcommercialbenefits.
 Traditionalknowledgeisbeingrapidlylostaslocalecosystemaredegradedandtraditionalcomm
unitiesareintegratedintothewidersociety.
KindsofTraditionalKnowledge
Traditionalknowledgeisdividedintothefollowingtypes based on the subject or context of its origin
or development.
 CulturalKnowledge
 ArtisticKnowledge
 MedicinalKnowledge
 Bio-diversity/NaturalResourcesKnowledge
 AgriculturalKnowledge
 SacredKnowledge
However, we broadly categorised this above-mentioned traditional knowledge in to three major
types such as
1. TraditionalEcological/environmentalKnowledge (TEK)
2. TraditionalTechnicalKnowledge (TTK)
3. TraditionalValuesandEthics (TVE)
TraditionalEcologicalorEnvironmental Knowledge(TEK):TEK refers to the evolving
knowledge acquired by indigenous and local people over
hundreds or thousands of years through direct contact with
the environment. This knowledge is specific to a location
and includes the relationships between plants, animals,
natural phenomena, and the landscape that are used for
livelihood and sustenance of life, such as resource
gathering through hunting, fishing, agriculture, livestock
farming, forestry, agro-forestry, etc.
All these can be categorised as natural resource
management, as these practices are linked with
management of land, water, flora and fauna. Such
practices are linked to prioritization of uses along the line
of sustainable harnessing, wise use, equitable sharing of
benefits, management of future stocks through

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conservation, defining threshold limits, etc. There are practices for weather forecasting too. Such
TEK considers natural landscape characteristics (topography, slope, soil and rock
characteristics), weather and climate as well as types of flora and fauna. The community takes
necessary decision based on abundance/ scarcity and seasonality of biotic and abiotic resources,
natural disasters, and associated problems
It is a process of indigenous communities for observation, classification, analysis, interpretation
and decision making for daily walk of life along with development of world views
TraditionalTechnicalKnowledge(TTK):TT
Crepresentstheknowledgerelatedtodesignan
ddevelopmentoftools,implementsandgearsf
ordifferentapplicationinthecontextofnatural
resourcemanagementbytheindigenouscom
munities.Suchpracticesarerelatedtoagricult
ure,fisheries,animalhusbandry,forestry,han
dloomandhandicraftetc.Moreover,TTKalso
representstheknowledgeandskillaboutdesig
nandconstructionlikehousing,water,harvesti
ngstructure,roadsandbridges,etc.
TraditionalValuesandEthics(TVE):TVE is linked to traditional cultural practices which
prioritize dos and don’ts in the aspects in relation to natural resource harvesting, conservation,
and equitable sharing etc. During the process, it evolves the concept of sacred species, space,
forests, water bodies, etc. This involves
seasonality-based practices like
restriction of fishing during breeding
season, harvesting forest resources
during flowering period, etc. Sometimes
institutions are developed to manage
human habitation, controlling human
practices related to health and sanitation,
like restriction of food in different
seasons, restriction of waste disposal,
norms for location of animal sheds,
toilets etc.
Exploration and documentation of such practices in local context will help in
understanding these practices, creating a knowledge base and analysis and validation of its
scientific base. This will help to identify the prospects for the future adopting lifestyles, habitat
management, environment, natural resource management, wildlife protection, etc.

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Thephysicalandsocialcontextsinwhichtraditionalknowledgedevelop
Traditional Knowledge System (TKS) is the know-how of the people, gathered through
day to- day walk of life, to overcome the hurdles and tap the potentialities from their immediate
neighbourhood. In fact, TKS evolved in a specific location within certain physical and
sociocultural environment, where it reflects people’s specific knowledge, understanding as well
as observational and experimental information about their dwelling environments, along with
skill and technology to design a lifestyle in that specific environmental context.
TKS represents information, knowledge, skill and technology along with standard
management practices, which are defined through the cultural systems. In the contemporary
world when human civilization is facing the challenges of climate change, natural disaster,
biodiversity loss, destabilized ecological services, food and nutritional inequality, problems of
sanitation and health and many others, there is a need to give emphasis on TKS for searching
alternative solutions or ways to face the challenges and design a sustainable lifestyle.
Concurrently, different international forums started to focus on the relevance of TKS.
Organizations like World Intellectual Property Organization (WIPO) , the International Labour
Organization (ILO), especially its convention 1693 , the Food and Agricultural Organization
(FAO), World Health Organization (WHO) , United Nation Educational, Scientific and Cultural
Organization (UNESCO) , United Nation Environment Programme (UNEP) , United National
Development Programme (UNDP) , United National Commission on Human Right (UNCHR)
took initiatives to document the TKS and research for its validation along with developing
different protocols for preservation , protection of rights, appropriate application as well as
facilitating fair and equitable sharing of the benefits from their applications.
It is noteworthy that the World Conference on Science, organized by UNESCO and the
International Council for Science (ICSU), in its Declaration on Science and the Use of Scientific
Knowledge, explicitly recognized the importance of TK and the need to respect and encourage
its use for various forms of human endeavour (ICSU 2002). Moreover, World Conference on
Science (Budapest, June 1999), focussed on TKS, and recommended through ‘Science Agenda:
Framework for Action’ (UNESCO, 2000), that, “modern scientific knowledge and traditional
knowledge should be brought closer together in interdisciplinary projects dealing with the links
between culture, environment and development in such areas as the conservation of biological
diversity, management of natural resources, understanding of natural hazards and mitigation of
their impact. Local communities and other relevant players should be involved in these projects.
Individual scientists and the scientific community have a responsibility to communicate in clear
language the scientific explanations of these issues and the ways in which science can play a key
role in addressing them”
In India, similar focus is also given on TKS by National Knowledge Commission for
proper documentation and protection of Intellectual Property Right. Different organizations and

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institutions have taken up activities for research and documentation and development of TKS
application. It is to be noted that the Indian Journal of Traditional Knowledge was evolved to
share such endeavour of research and documentation. Moreover, legal instruments have also
been developed like National Biodiversity Act (NBA), 2002. There are many examples of TKS-
based practices in the country on natural resource management, agricultural practices, medicine
and health, housing and allied design and construction, which have the potential to act as
leverage to sustainable development. In the fifteen different agro-climatic zones of India there is
diversity in terms of environmental and cultural practices, which nurture different traditional
knowledge-based practices to adjust way of life of the people to their respective environmental
set-up. All these practices have some age-old history, progression and empirically tested
observation, which essentially need not only documentation but also validation and applicability
in contemporary context to meet the requirement for sustainable development.
Thehistoricalimpactofsocialchangeontraditionalknowledgesystems.
As the society, so the Traditional Knowledge. with the change in society there is a change
in Traditional Knowledge. Traditional Knowledge is shaped in accordance with the time and
need of the society. There is a close relation between Traditional Knowledge and Social
Transformation. With the society evolving towards modernization, Traditional Knowledge being
a living knowledge which evolves with the society and the people is also evolving towards
modern knowledge. The nature can be regarded as a laboratory where the experiment of the
Traditional Knowledge takes place. Earlier, Traditional Knowledge was not universal at all, there
was traditional system of protection and traditional system for the grant of permission to access it
but now due to globalization, there is more chances of misappropriation and Traditional
Knowledge is not safe. India is amongst the nations who is very rich in terms of Traditional
Knowledge and in India, most of the population still depends on Traditional medicinal system.
With the acceptance of globalization, it is high time India should take proper step for the
protection of Traditional Knowledge. Traditional Knowledge is categorized under the
Intellectual Property Rights, and if it is not provided proper protection then someone else under
the Intellectual Property Rights will protect it and the community who owns it will loss the
ownership rights.
It is a known fact that one of the concepts of social transformation is globalization and
globalization is one of the most dreadful challenge to the TK. There are numerous laws which
protect certain aspects of TK but have failed to provide complete protection to it. TK has now
become the victim of effects of globalization. Biopiracy and misappropriation are the effect of
globalization which has hampered the TK of India and other developing countries severely.
Cases regarding Neem, Turmeric, Haldi, Basmati rice, Karela, Indian Gingseng – Ashwagandha,
Pudina and Kalamegha, Narcissus tazetta, Bt Brinjal, Jeevani, Asian chick pea, Ginger,
Monsanto’s wheat patent, Monsanto’s biopiracy of Indian Melons, Monsanto’s Biopiracy of
climate resilence, ConAgra’s Biopiracy claim on atta, Phyllanthusniruri, Aloe Vera, Syngenta’s
attempt at Biopiracy of India’s rice diversity are the living example which give a clear cut view

8
that with the social transformation that had taken place and is taking place, the Intellectual
Property Rights legislations of India are not strong enough to protect the Traditional Knowledge
of its own land and people. These laws are aged old and cannot be regarded as of global
standards which has given advantages to the Multi – National Corporations to exploit and
misappropriate the Traditional Knowledge.
Social innovations are impossible without the inputs of TK. There is always help taken
from the traditional way of life for dealing with the new problems. Likewise, creating new
solutions to problems is embedded in traditional practices.TK has helped in developing new
drugs, new technologies, etc. TK based on agriculture has helped the farmers to increase
products as well as conserve the soil. The traditional practices had no ill impacts. Apart from
agricultural sectors, the role of TK on economic sectors is also being recognized. A whole range
of industrial products are dependent on or use of TK in numerous ways. To name few are the
pharmaceuticals, house hold goods, cosmetic products etc. The contributions of TK on health
care cannot be forgotten.
According to the World Health Organisation (WHO), the majority of the world’s
population are dependent on medicinal plants that have traditional method of use. There are
numerous instances where TK based on medicinal uses have helped in development of new
drugs. The WHO estimates that 25% of modern medicines are made from plants that were first
used traditionally. Apart from medicinal benefits, traditional knowledge has also helped in
dealing with food security during various natural calamities. The indigenous peoples have lived
in close with the nature and understand the behavior and changes that takes place in the
surroundings. They have acquired unique knowledge about the use of wild flora and fauna and
most of which are not known to the people who live away from the natural ecosystem. With
recent biotechnological advancement and molecular genetics, particularly in the gene transfer
technology have opened new vistas and assumed unlimited power to exploit the genetic
resources of the biodiversity. As a result, the potential and actual economic values and genetic
materials are increasing rapidly and stimulated international trade in genetic resources commonly
known as ‘biotrade’ which soon led to ‘bio-piracy’ or ‘gene piracy’.

Illustration: Use of traditional herbs in modern cosmetic products

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 Communities have understood their natural surroundings and hence, adopted agricultural,
fishing practices and also the change in the climate etc. TK developed in ancient times can be
used to treat various problems that are faced in recent times. The present-day inventions though
helpful have various side effects, either to human health or to the environment. But the
traditional knowledge has been developed by studying the environment and the needs of various
species and hence is more sustainable. Traditional knowledge strives for sustainable
development. A society needs development but such development must be a sustainable one. But
there is a constant erosion of Traditional knowledge.
Traditional knowledge also plays an important role in preservation of cultural heritage of
any community. As the knowledge has been passed through generations, the values as well as the
unique characteristics of any culture is also transmitted. The importance of the cultural heritage
is also explained by the traditional knowledge. As such knowledge provides an insight to the
values and importance of such place or practices.
Similarly, environment is very important to every society, right to live in a clean
environment is s right recognized under constitution of various countries. Traditional practices
have always taken keen interest in preservation and protection of the environment. With various
biotechnological inventions, there is negative impact on the environment and the societies.
Hence, the traditional practices for preservation and conservation of environment must be
recognized for the betterment of the society because without environment or biological resources
life on earth is impossible.
The social transformation that India has under taken demands better protection to the
Traditional Knowledge of India and her people, in fact a legislation which shall be enacted
keeping in view the present scenario of the world as well as India. Keeping in view the social
transformation of India and the world, the Kerala Government has come up with Intellectual
Property Rights Policy of Kerala, 2008, vide Government Order (P) No. 4/2008/Law for the
protection of Traditional Knowledge of Kerala. This policy is the need of the hour as it covers
and protects the whole aspects of the Traditional Knowledge of Kerala and the communities that
lives there. The Lok Sabha Member of Parliament from Kerala, Mr. Sashi Tharoor has presented
a bill, ‘The Protection of Traditional Knowledge Bill 2016’ which will provide protection,
preservation, promotion and development of the Traditional Knowledge of India and her people.
But according to this Bill, either the State or the Central Government shall be the custodian of
the whole Traditional Knowledge, even those Traditional Knowledge which are practiced and
preserved by specific community or institution or a family which seem to be the biggest flaw of
this Bill.
IndigenousKnowledge(IK)
Indigenous
Knowledgeincludesfacts,concepts,theoriesaboutthecharacteristicswhichdescribetheobjects,events
,behavioursandinterconnectionthatcompriseboththeanimateandinanimateenvironmentsofindigeno

10
uspeoples.Eventhoughindigenousknowledgeisnotquantitativeinnature,itdoesnotmeanthatitisnotpr
ecise.
Therelationshipbetweenpeopleandtheenvironmentformsanimportantfoundationfortheorga
nisationofindigenousknowledge,i.e.,thecategorizationoflifeexperiencesandtheshapingofattitudesa
ndpatternsofthinking.
Characteristics:
Followingaresomeimportantcharacteristicsofindigenousknowledge.
 Itisgeneratedwithincommunitiesofindigenouspeople
 Itislocationandculturespecific
 Itisthebasisfordecisionmakingandsurvivalstrategies,
 Itisnotsystematicallydocumented
 Itconcernscriticalissuesofhumanandanimallife;primaryproduction,humanandanimallife,na
turalresourcesmanagement.
 Itisdynamicinnatureandbasedoninnovation,adaption,andexperimentation
 Itisoralandruralinnature.
IndigenousPeople:
Indigenouspeopleconstituteavulnerablegroupwhichhaslongbeenneglected.Theirsocialstructuresan
dlifestyleshavesufferedtherepercussionsofmoderndevelopment.Theyhavebeensubjecttogrowingpr
essuretobringtheirlanguage,religions,knowledgeart,andoraltraditionsandtheothermanifestationsoft
heirlifeintoconformitywiththoseofthemajorityofsocialgroupsaroundthem.
Indigenouspeoplesarepeoplewhohaveinhabitedallcontinentssincetimeimmemorial.Theyhavelived
ontheirlands,maintainedtheirculturalvalues,maintainedandcultivatedtheirenvironmentandkeptthei
rtraditionsaliveovercenturies
TraditionalKnowledgevis-à-visIndigenousKnowledge

Traditionalknowledge Indigenousknowledge

 TraditionalKnowledge(TK)istheawareness, 
experience,expertise,knowledgeandapplicat
ionsthatareestablished,continued,performed
andpassedonfromgenerationtogenerationwi
thinaregionorcommunity,oftenformingapart
ofitscultural,socialorspiritualidentity.
 Traditionalknowledgeisabroadercategoryth
atincludesindigenousknowledgeasatypeoftr
aditionalknowledgeheldbyindigenouscomm 
unities.
Itincludesfacts,concepts,theoriesaboutthec
haracteristicswhichdescribetheobjects,eve
nts,behavioursandinterconnectionthatcom
priseboththeanimateandinanimateenviron
mentsofindigenouspeoples.
 Indigenousknowledgeisanarrowconceptwh
ichrepresentsthetraditionalknowledgeofthe
indigenouspeople.
Indigenousknowledgeortechniques(ITKs)a
rethetreasuretrovesofancientwisdomandare

11
 Traditionalknowledgetypicallydistinguishe
sonecommunityfromanother.
 Thus,itiscommunityspecificbroadinnature.
 Someofthetraditionalknowledgearesystema
ticallydocumentedliketheVedas,medicines,t
reatments,foodpreparationmethods,music,a
rtetc.
 Traditionalknowledgeincludestypesofknow
ledgeabouttraditionaltechnologiesofsubsist
ence(e.g.toolsandtechniquesforhuntingorag
riculture),midwifery,ethnobotanyandecolog
icalknowledge,traditionalmedicine,celestial
navigation,craftskills,ethnoastronomy,clim
ate,andothers.
 Notalltraditionalknowledgeisindigenous.
developedthroughtrial-and-
error,experiencesgainedoverthecenturies,a
ndaretimetestedbut,generallynotsubstantiat
edbyanyscientificevidences.
 Eventhough,theyarenotquantitative,mostof
theITKswereknowntobescientificallyeffect
iveandvalid.
 Itislocationandculturespecific.
 Itisnotsystematicallydocumented.
 Indigenous knowledge also includes the
knowledge tools and techniques used by
indigenous people like the tribals for
hunting, agriculture, medicine, navigation,
craft etc.they are not spread over as broad
as the traditional knowledge.
 Alloftheindigenousknowledgeisasubsetwit
hintraditionalknowledge.

TraditionalKnowledge vis-à-vis.Western Knowledge

Categories Traditional Knowledge Western Knowledge

Mode of thinking Intuitive and holistic Analytical and segmented

Mode of learning Storytelling and observation Academic and experimental

Characteristics Subjective and spiritual Objective and reductionist

Data creation Slow and inclusive Fast and selective

Prediction abilities Vague and cyclical Accurate and linear

Classification system Ecological and interconnected Genetic and hierarchical

Principle belief Eco-centric Anthropo-centric

Management system Decentralized authority Centralized authority

Approach and handling Focus is on understanding the Focus is on treating symptoms

cause of the illness of the illness

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Health history Considers role of community Patient and family history
and environment

Health diagnostics Intuitive Intellectual

Health authority Traditional healer is an advisor Physician is a primary

with consensus of family and authority
community

TraditionalKnowledge vis-à-visFormal Knowledge

Categories Traditional Knowledge Formal Knowledge

View of • Sacred and secular together, includes • Secular only; often excludes the
knowledge spiritual aspects. spiritual aspects.
• Holistic and integrated- based on a • Analytical or reductionist-based on

13
 whole systems view of knowledge sub-sets of the whole
• Stored orally and in cultural practices • Stored in books and computers
• Powerful predictability in local areas • Powerful predictability in natural
(ecological validity) principles (rational validity)
• Less valued in distant areas. • Weak in local use of knowledge.

• Long-term wisdom • Short term recall

• Cultural and ecological sustainability • Economic sustainability
Objectives • Practical for use in everyday life • Abstract to pass examination
• Integration of critical thinking and • Use of logical and critical thinking in
cultural values in decision making. making decisions.

• Lengthy periodof acquisition • Rapid acquisition

Method of • Learning through experience • Learning by formal education
teaching
• Teaching through example, modeling, • Teaching through abstract concepts
and
learning ritual and story telling and didactic methods
• Tested in practical life situations. • Tested artificially in examinations

Questions
1. What do you mean by traditional knowledge? Explain its characteristics?
2. What is indigenousknowledge? How traditional knowledge is different from indigenous
knowledge.
3. What are the different types of traditional knowledge? Explain its scope and importance?
4. Explain the process of change in traditional knowledge due to social changes over years?
5. Explain the development of traditional knowledge under physical and social
environments?
6. Explain the difference between traditional knowledge and western knowledge?
7. Outline the differences between traditional knowledge and formal education?



14
 Unit-II
Protectionoftraditionalknowledge(TK)
Course Content
1. The need for protecting traditional knowledge
2. SignificanceofTKProtection
3. The valueofTKintheglobaleconomy
4. RoleofGovernmenttoharnessTK

The need for protecting Traditional Knowledge

Need to protect traditional knowledge have increased with changing time, especially in
order to stop unauthorized and commercial misuse of such knowledge. It is important to protect
the indigenous people from such loss and also help them to preserve such ancient practices.
Protection to TK shall also promote its wider and efficient use.
The most difficult aspect of traditional knowledge is in its protection. There has been a
lot of debate to protect traditional knowledge under IP regime but that in itself faces a lot of
challenges such as; a) under which IP under which traditional knowledge can be protected, b)
since every IP protection is provided for a limited period of time then how will traditional
knowledge have a continuous protection. Protection of traditional knowledge is rooted in the
problem of Bio-piracy. Bio-piracy occurs when there is commercial utilization of traditional
knowledge without proper authorization of the indigenous or local people associated with such
knowledge.
The justification for preserving traditional centers of expertise on matters of social justice
and the right to retain, maintain, and regulate one’s cultural heritage is for indigenous people.
There’s also the right to get a fair return on what those communities have developed.
Also, even non-indigenous people have a strong desire to ensure that TK is used equally
because it has a lot to bring to modern society. In several ways, it is increasingly being used to
assist decision making: food and diversity; health, commerce, and economic growth. There are
five reasons why TK should be protected on this basis. They are:
1. Equity, 
2. Biodiversity conservation, 
3. Preservation of traditional practices, 
4. Prevention of biopiracy, and 

15
Equity: Traditional knowledge produces interest that is not properly acknowledged and paid for.
For example, traditional farmers have nurtured, maintained, and used plants and animals
alike, they have improved the value of plant genetic resources by continuously selecting
the best varieties adapted to them. This is then that seed companies collect the varieties,
process, and sell for sale. Via Plant Breeders Rights, they are also permitted to preserve
the varieties and can benefit from them while the farmers are left out. Farmers and
scientists, therefore, rely on the genetic diversity present in crop plants that have
accumulated, recorded, picked, multiplied, exchanged, and maintained variants in
hundreds of generations. The irony is that scientists may defend and benefit from their
inventions while the efforts of conventional farmers are ignored. Farmers do not bill for
the samples the scientists and seed companies take, hence the inherent disparity in the
existing system of intellectual property rights.
Conservation of Biodiversity: Innovations of knowledge and traditions of indigenous peoples
and local societies are a demonstration of their cultures. Therefore, the preservation of
human culture includes maintaining the link between people and natural existence like
plants and animals. So, TK protection will help conserve the environment and encourage
sustainable agriculture and food security.
Preservation of Traditional Practices: TK security will provide a basis for the preservation of
conventional lifestyle practices and awareness. Preserving TK helps protect people’s self-
identification and can guarantee the continued life of indigenous and traditional people.
This role certainly goes beyond the scope of protection of IPRs provided for in TRIPS or
any other multilateral instruments. Protecting TK by the appropriate type of IPRs will
increase the profile of the information and make it more desirable and worthy of
preservation.
Prevention of Biopiracy: A large number of patents on genetic resources and expertise acquired
from Africa and other developing countries have been issued. One example of this is the
use of patent number 5, 401, 5041 which was granted for the healing properties of
turmeric acid in wounds. The invention had been used for centuries in India before the
USA licensed the patent. The Indian Council for Science and Industrial Research
(CSIR) successfully applied for its repeal. Kenya’s kiondo was patented in Japan but this
was not withdrawn, the same was true of the micro-organism for fading jeans, and the
energy-saving jiko just to name a few examples.
One big concern is how to prevent TK from being misappropriated. Three
recommendations were advanced: TK documentation with a view to building a digital TK
library. This will allow states to:
1. Check the potential misuse; 
2. The requirement of proof of origin for patenting materials; and 
3. Prior informed consent.

16
Methods of Protecting Traditional Knowledge?

There are basically three methods through which TK can be protected:

a) Defensive Mechanism

b) Positive Protection

c) Other methods of protection

a) Defensive protection: Defensive Mechanism means steps taken to prevent acquisition of

intellectual property rights over traditional knowledge. One way of protecting traditional
knowledge systems is to provide legal remedies to the community that prevents
exploitation of their knowledge systems. This is called defensive protection and is
developed with a combination of legal remedies and strategies that can prevent third
parties from exploiting the community knowledge networks. One efficient way of doing
so is by making a list of existing traditional knowledge systems available to patenting
authorities. These lists or ready reckoners can be referred to by patenting authorities
while granting patents.
b) Positive protection: Positive protection means protecting TK by way of enacting laws,
rules and regulations, access and benefit sharing provisions, royalties etc. Knowledge
holders are empowered to seek remedies against misuse of traditional knowledge and also
benefit from commercial windfall. Many countries have instituted specific laws that
allow knowledge holders to decide what they want to do with the knowledge. They can
promote their knowledge bank and amicably partner with commercial organisations to
further the knowledge system.
c) Other methods of protection: There are legal remedies within the Indian judicial system
that can help protect traditional knowledge. For example, equitable benefit sharing is an
agreement that two parties, including indigenous communities, can sign in order to use
the knowledge bank for commercial use. Another positive protection tool available to
communities and third parties is the Prior Informed Consent, where a third party can seek
full consent of the knowledge holder and then use the knowledge.

17
 India, for example, followed by the well-known case of USPTO (United States Patent
and Trademark Office), wherein patent was granted on healing properties of turmeric and with
much difficulty CSIR (Council of Scientific and Industrial Research) proved the prior existing
knowledge of such properties of turmeric with help of numerous ancient scriptures and
documents, has adopted a Defensive mechanism to protect its traditional knowledge by way of
setting up a Traditional Knowledge Digital Library (TKDL) in 2001, in collaboration between
Ministry of Ayush and CSIR.
The digital library, although comprising of voluminous documents and work of Indian
traditional knowledge, has its own shortcomings such as; translation problems, disclosure of
traditional knowledge as prior art is unadvantageous since it leads to public disclosure of entire
traditional knowledge which simultaneously results to fishing expeditions, further one of the
major aspect of traditional knowledge is that it is mostly passed by generations in oral manner,
therefore, a lot of TK has no documentary record and TKDL maintains no record of oral
traditional knowledge.

Furthermore, Due to the non-dissectible nature of TK, the realization of TK usually relies
upon physical materials. Medicine in indigenous peoples often consists of learning which herbs
heal people. Extinction of that plant species means the disappearance of the concept. The
disappearance of the concept may leave the herb useless to the people. Because of this, TK
protection is of two kinds, which are by no means clear-cut.
a) Non-IP protection of TK(Non-IP protection focuses on protection of ecological
resources): Non-IP protection includes establishing conservation parks, protecting
endangered species, restricting development, protecting cultural remains, and conserving
habitats, among other forms of protection. Moreover, the CBD, the Convention of
Agriculture, and other international agreements provide protection to genetic resources or
TK, and the benefit sharing mechanism.
b) IP protection of TK(IP protection focuses on the protection of the knowledge): Indian
patent laws do not permit the protection of TK under section 3 (p) of the Indian Patent
Act, 1970. An invention which in effect, is traditional knowledge or which is an
aggregation or duplication of known properties of traditionally known component or
components is not an invention and cannot be patented.However, if there is a substantial
improvement in the existing TK which enables the invention to fulfil the criteria under
the Indian IP law, IP protection can be sought.
The key issue in protecting TK is prior knowledge of the innovation as much of TK is
already in public domain being passed on orally or through documentation through generations.
This makes most TK ineligible for IP protection as majority of information is already part of
"prior art" and therefore there is very little in terms of novelty which can be established for
patent protection.

18
 Unlike other categories of intellectual property rights, India has no substantive act or law
to protect traditional knowledge but other IP acts contain provisions with respect to traditional
knowledge such as the Patents Act, 1970, Section 25 and Section 64, gives one of the grounds
for revocation of a patent application on the basis of traditional knowledge. Under the Copyright
Act, 1957, has not specific mention of protecting traditional cultural, literary or artistic work or
folklore but Section 31A provides for protection of unpublished Indian work, nonetheless
Copyright protection in for a limited time period and also demands certain criteria to be fulfilled,
therefore under this IP as well protection of traditional knowledge doesn't have much scope.
Role of Traditional Knowledge Digital Library (TKDL) in protecting TK
Traditional Knowledge Digital Library is a collaborative project of the Government of
India through the Council of Scientific and Industrial Research (CSIR) and the Ministry of
AYUSH, to collect information on traditional knowledge existing in India, in various languages
and format as a single repository. TKDL serves as a reference of prior arts for patent examiners
at International Patent Offices (IPOs).In 2001, the Government of India set up the Traditional
Knowledge Digital Library (TKDL) as repository of 1200 formulations of various systems of
Indian medicine, such as Ayurveda, Unani and Siddha and 1500 Yoga postures (asanas),
translated into five languages – English, German, French, Spanish and Japanese. India has also
signed agreements with the European Patent Office (EPO), United Kingdom Intellectual
Property Office (UKIPO) and the United States Patent and Trademark Office (USPTO) to
prevent the grant of invalid patents by giving patent examiners at International Patent Offices
access to the TKDL database for patent search and examination.
Features of TKDL:
The two main features of TKDL are Accessibility and Availability. TKDL provides
accessibility in terms of Language, Format and Classification. The traditional Indian knowledge
exists in local languages such as Sanskrit, Urdu, Arabic, Persian, Tamil, etc. TKDL translates
such traditional knowledge into the native languages of the patent examiners, and in five global
languages - English, French, Spanish, German and Japanese. The format of TKDL is also unique
and is similar to the format of the patent application, making it easily understandable for the
patent examiners. The full listing for each TK entity contains a bibliography of traditional Indian
documents, which in turn contains links to scanned images of these documents in the original
language. TKDL has created a new classification system for the traditional knowledge, known as
the Traditional Knowledge Resource Classification (TKRC), which is based on the structure of
International Patent Classification (IPC). Each listing in the TKDL includes both TKRC codes
and IPC codes. Another main feature is the availability of TKDL. TKDL in complete form is
available only at certain national patent offices for use by patent examiners. However, a
representative version of the database is available at the TKDL website. This database has 1,200
representative listings.
Traditional Knowledge Resource Classification (TKRC):

19
 Traditional Knowledge Resource Classification (TKRC) is an innovative classification
system of TKDL. TKRC has structured and classified the Indian Traditional Medicine System in
approximately 25,000 subgroups for Ayurveda, Unani, Siddha and Yoga. TKRC has enabled
incorporation of about 200 sub-groups under A61K 36/00 as defined in the International Patent
Classification instead of few sub-groups earlier available on medicinal plants under A61K 35/00;
thus, enhancing the quality of search and examination of prior-art with respect to patent
applications in the area of traditional knowledge.
In 2011, an International Conference was organized by World Intellectual Property
Organization (WIPO) in collaboration with CSIR on 'Utilization of Traditional Knowledge
Digital Library as a Model for Protection of Traditional Knowledge', at New Delhi. Pursuant to
this, WIPO in collaboration with CSIR and DIPP (Ministry of Commerce and Industry),
organized an 'International Study Visit to TKDL' for 19 countries interested in replication of
TKDL.
TKDL has proved to be a strong tool in protecting the unlawful rights over existing
knowledge of TK and having exclusive IP rights over such TK. It also demonstrates the
proactive action to protect such knowledge for the current and upcoming generations for years.
The idea is not to restrict the use of traditional knowledge, rather to ensure that wrong Patent
Rights are not granted due to lack of access to prior art for patent examiners.
Significance of Protection of Traditional Knowledge in India
TK is an integral part of strength of local community knowledge. Attempts to exploit TK
owned by local communities, for industrial or commercial benefit is a major issue as it is unfair
exploitation of knowledge owned by local communities, as IP protection creates monopoly of
patent owners. Governments the world-over including India have enacted laws to prevent such
unfair exploitation of TK. The importance of protection of TK includes,
 Traditional knowledge is important to the integrity of a community as the Livelihoods of
different communities depend on these knowledge systems. 
 It is also important to prevent anyunauthorized and commercial misuse of such
knowledge.
 Many of these traditional knowledge systems are passed down orally and tracing the
origin of these systems often becomes difficult. This in turn opens the traditional
knowledge systems to exploitation.
 Biopiracy is a matter of great concern for indigenous communities and natives. Many
native communities have used natural ingredients such as spices and herbs for their
medicinal properties. These practices are now being used by large industries without
giving due credit to those who developed them. This is called bio-piracy. For example,
communities practicing Unani or Ayurveda are concerned that the pharmaceutical and

20
 beauty industries are exploiting their knowledge (which they’ve gathered over centuries)
to make huge profits.
Past few years it has been seen that India has actively participated in TK conventions
and has made efforts to protect its TK at international level. Access to Indian TK is
available at USPTO and EPO and CSIR is day by day improving the efficiency of TK
database.

ValueofTKintheGlobal Economy
Thereisagrowingappreciationofthevalueoftraditionalknowledge.Traditionalknowledgeisva
luablenotonlytothosewhodependonitintheirdailylives,buttomodernindustryandagriculture.Traditio
nalknowledgeaboutlandandspeciesconservationandmanagementandrevitalizationofbiologicalreso
urcesconservationisgroundedinthedailylivesandpracticesofindigenouspeoplesandtheircloseunders
tandingoftheirenvironmentscultivatedoverthousandsofyears.
Ithasthepotentialtoplayacrucialroleinsustainabledevelopmentandforaddressingthemostpres
singglobalproblems,suchasclimatechange,landmanagement,landconservation,andtostrengthenscie
ntific,technologicalandmedicalresearch,asevidencedininteraliapharmaceuticals.Furthermore,tradit
ionalknowledgecanofferpromisingavenuesforachievingfoodsecurityfornotonlyindigenouspeoples
butforinhabitantsaroundtheglobe.Manyindigenouslandandenvironmentalmanagementpracticesha
vebeenproventoenhanceandpromotebiodiversityatthelocallevelandaidinmaintaininghealthyecosys
tems.
Educationalpracticesthatcombineindigenoustraditionalknowledgeandlanguagesareasignifi
cantwaytomaintainandpreserveindigenouscultures,identities,reduceilliteracyandschooldropoutrat
es,enhancelearning,protecttheenvironment,andpromotewellbeing.
Traditionalknowledgetypicallydistinguishesonecommunityfromanother.Insomecommunit
ies,traditionalknowledgetakesonpersonalandspiritualmeanings.Traditionalknowledgecanalsorefle
ctacommunity'sinterests.Somecommunitiesdependontheirtraditionalknowledgeforsurvival.Traditi
onalknowledgeregardingtheenvironment,suchastaboos,proverbsandcosmologicalknowledgesyste
ms,mayprovideaconservationethosforbiodiversitypreservation.Thisisparticularlytrueoftraditionale
nvironmentalknowledge,whichreferstoa"particularformofplace-
basedknowledgeofthediversityandinteractionsamongplantandanimalspecies,landforms,watercour
ses,andotherqualitiesofthebiophysicalenvironmentinagivenplace".Asanexampleofasocietywithaw
ealthoftraditionalecologicalknowledge(TEK),theSouthAmericanKayapopeople,havedevelopedan
extensiveclassificationsystemofecologicalzonesoftheAmazoniantropicalsavannah(i.e.,campo/
cerrado)tobettermanagetheland.
TraditionalKnowledgeandtheUN
Recognizingtheimportanceoftraditionalknowledge,therightofindigenouspeoplestopromote
,maintainandsafeguardtheirtraditionalknowledgeisenshrinedinseveralinternationalnormativeandp
olicyinstruments.TheUNDeclarationoftheRightsofIndigenousPeoples(UNDRIP)emphasizesthepr

21
otectionofindigenouspeoples’rightstotheirtraditionalknowledge(Article31).TheConventiononBiol
ogicalDiversity(CBD)alsorecognizestheclosetiesofindigenouspeoplesandlocalcommunitiestobiol
ogicalresources,andthecontributionsthattraditionalknowledgecanmaketotheConventionandsustain
ablebiologicaldiversity(article8(j)).TheCBDhasestablishedaworkinggrouptoaddresstheimplement
ationandprotectionoftraditionalknowledgetothisend.OtherUNentitiesalsohaverelevantpoliciesand
programmesthatrecognizetheroleoftraditionalknowledgeinsecuringtherightsofindigenouspeoplesa
selaboratedintheUNDeclaration.
TheForum’s2019sessionaimstocontributetotheincreasingrecognitionandrespectfortraditio
nalknowledgeofindigenouspeoples,basedontheirrighttoself-
determinationanddecidetheirowndevelopmentpriorities.Thisisimportantinthecontextofthe2030Ag
endaforSustainableDevelopment,whichcallsforleavingnoonebehind.
Important International TK related conventions
Taking into account the policy objectives and brief rationale for protection of intellectual
property at international level, it is important to see if any lessons or parallels can be drawn in
the case of protection of traditional knowledge. The nature of Traditional knowledge is such that
it might not necessarily fit into the sphere of intellectual property but might be guided by existing
intellectual property laws. As stated before, were several attempts to protect traditional
knowledge at international level but the most profound is under the CBD. Article 8(j) of the
CBD requires parties, subject to national laws to respect, preserve, and maintain the knowledge,
innovations and practices of indigenous and local communities, especially those that embody
traditional lifestyles relevant to the conservation and sustainable use of biodiversity. Parties must
promote the wider application of these standards (with the approval and involvement of
knowledge-holders) and encourage equitable benefit sharing arising from utilization of such
knowledge, innovation and practices.

The Nagoya Protocol addresses traditional knowledge associated with genetic resources
with provisions on access, benefit sharing and compliance. It also addresses genetic resources
where indigenous and local communities have the established right to grant access to them.
Contracting Parties are to take measures to ensure these communities’ prior informed consent,
and fair and equitable benefit sharing, keeping in mind community laws and procedures as well
as customary use and exchange.

Call for Sui Generis Protection and its Awareness

There has been an increasing demand of Sui Generis system of Protection for traditional
knowledge since IP protection has its own downside and loopholes. Sui Generis is a Latin word
meaning 'of its own kind'. Sui generis instrument shall provide legal framework of protection of
TK, enforcement of right of indigenous communities, prevent misuse and control of TK,
provisions of ABS (access and benefit sharing) system etc.

22
 In addition to TKDL system, India can work towards a more active approach, foremost to
create awareness and understanding among people who are till date completely unaware or have
very limited knowledge on Intellectual Property Rights as well as the term 'traditional
knowledge'.

Role of Government to Harness TK

India has a rich history of traditional medicinal practices that date back to thousands of
years. These techniques and components have come into the light during recent times mainly due
to the interest shown by multinationals to exploit the knowledge and benefit from the profits. In
order to protect the knowledge from being patented, the government has indeed been striving
hard.
Measures taken by GoI to harness traditional knowledge

 Traditional Knowledge Digital Library

The government has established a digital library, which contains all the information
about traditional medicine, the methods and techniques. This acts as a repository of all
existing traditional methods and plays an important role in proving authenticity.
This library has prevented thousands of patens from being filed internationally and it
also gives access to various patent agencies of the world so that they can cross check
the genuineness of the patent.
 Direct Funding
The government has stopped funding states and other agencies for carrying out
research in traditional knowledge. It has instead made CSIR the sole responsible
institution to carry out such research. The funding is directly provided to CSIR. This
will prevent research from being leaked to private pharma companies.
 UNESCO Intangible Cultural Heritage
The government has been successful in obtaining UNESCO recognition to traditional
medicinal knowledge such as Ayurveda, Yoga, Sowa Rigpa, Unani etc. This has
allowed India to establish link with the country of origin and prevent patenting by
multinational pharma companies.
 Strengthening IPR (Intellectual Property Rights)
IPR laws in India have been upgraded to include all type of property rights. The new
form will have provisions for protecting traditional knowledge of cultural groups. The
main aim will be to protect economic interests of such groups from being exploited by
third party.
India’s efforts in protection of traditional knowledge

 India garnered global attention with the curious case of turmeric. In a landmark win in
1997, the Council of Scientific and Industrial Research (CSIR), India, was able to revoke
a patent filed by two US-based scientists.

23
  The case began in 1995 when two scientists of the University of Mississippi Medical
Centre were granted a patent by the US Patents and Trademarks Office (USPTO) for
discovering the wound healing properties of turmeric.

 This came as a shock to India, where people have used turmeric to treat several ailments
including wounds, for many generations. The CSIR then appealed to the USPTO to
revoke the patent on the grounds that it was ‘prior art’, a kind of traditional knowledge.
What followed was a battle between USPTO and CSIR. Eventually, the CSIR convinced
USPTO that the healing properties of turmeric were indeed traditional knowledge. The
patent was thereafter revoked.

 The episode of the turmeric patent was treated as a red flag for the exploitation of the
country’s traditional knowledge, especially in the field of medicine. Since then, CSIR and
the government have prepared a digital library for traditional Indian medicinal
knowledge. This library has been created to protect the traditional knowledge of Indian
medicines and curb misappropriation at International Patent Offices.

 Over the years, the Traditional Knowledge Digital Library has systematically and
scientifically recorded traditional medicinal knowledge such as Ayurveda and Unanifrom
ancient Indian texts. These recording have also been translated into various global
languages.

 According to the official website of the Traditional Knowledge Digital Library, there are
more than 3.6 lakh formulations or practices recorded in the database.

Protection of traditional knowledge on the global scale

 The World Intellectual Property Organisation (WIPO) recognises the need for a global
solution for the protection of traditional knowledge. Even as some countries provide for
such protection, these protections are not available on a global platform.

 Communities from across the world are demanding a global legal tool that will provide
equal rights for their traditional knowledge. This is referred to as a
‘SuisGeneris’protection.

 However, to bring about such a tool, countries will need to agree on what constitutes
traditional knowledge and what rights knowledge-holding communities should have.
While on one hand communities want to protect their heritage from exploitation, industry
experts believe that such a treasure trove of knowledge should be made available to the
public.

 While countries agree that Suis Generisprotection is imperative for traditional

knowledge, not all countries agree on how this protection can be achieved.

24
  To achieve this consensus, countries must have a proactive approach and introduce
policies to protect the traditional knowledge systems. Only with a concerted effort from
allcountries, can Suis Generisprotection be achieved.

Given the live nature of traditional knowledge systems, it becomes difficult to define
them. Without these definitions, it becomes difficult to provide protection to traditional
knowledge systems, even if most countries agree that such protection is important. While
designing such protection systems, it’s essential to strike a balance between the interest and
livelihoods of the knowledge-holding communities and the overall good of the public. With the
Traditional Knowledge Digital Library, India has gone a step ahead and shown the world that
with policy changes, protective mechanisms can be put in place to prevent exploitation of
traditional knowledge. It’s time for other countries to follow suit.

Questions
1. What is the need of protecting traditional knowledge?
2. What are the different methods of protecting traditional knowledge?
3. What is the role of Traditional Knowledge Digital Library (TKDL) in protecting TK
4. Explain the significance of protecting traditional knowledge in india?
5. What are importance of protection of traditional knowledge globally?
6. How is the Government of India (GoI) protecting traditional knowledge of medicine from
patenting?
7.

25
 Unit-III
LegalframeworkandTraditionalKnowledge
1. TheScheduledTribesandOtherTraditionalForestDwellers(RecognitionofForestRights)Act,
2006
2. PlantVarietiesProtectionandFarmersRightsAct,2001(PPV&FRAct)
3. TheBiologicalDiversityAct2002andRules2004
4. The Protection ofTraditional Knowledge Bill2016
5. GeographicalIndications Act 2003

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006
To address the adverse living conditions of many tribal families living in forests was on
account of non-recognition and vesting of pre-existing rights, a landmark legislation viz.
Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006, has been enacted to recognize and vest the forest rights and occupation of forest land in
forest dwelling Scheduled Tribes and other traditional forest dwellers, who have been residing in
such forests for generations, but whose rights could not be recorded.
The act has been drafted and introduced in the 2006, but came in to effect in 31 December, 2007.
This act has been divided in to 6 chapters containing 14 sections, the content of which is given
below.
Chapter-1 Sec-1,2 Preliminary
Chapter-2 Sec-3 Forest Rights
Chapter-3 Sec-4, 5 Recognition, restoration, and vesting of forest rights and related
matters
Chapter-4 Sec-6 Authorities and procedures for vesting of forest rights
Chapter-5 Sec-7, 8 Offences by members or officers of authorities and committees
under the act
Chapter-6 Sec-9 to 14 Miscellaneous

Objectives of the Act

 Empower and strengthen the local self-governance
 To address the livelihood and food security of the forest dependent communities leading
to poverty alleviation and pro-poor growth
 To address the issues relating to conservation and management of the natural resources,
habitat and eco-system.

26
  Provide legal recognition to the community conservation initiatives thereby strengthening
traditional conservation practices that protect some of the critical eco-system of the wild
life.
 Provide basic developmental facility to the forest dwellers and tribals living in forest.
 Empower communities to protect, conserve and mange forest and bio-diversity.
Rights Under the Act
 Land Rights: This act given the tribals and forest dwellers the right to own the land of
title deed in case they have been engaged in cultivation of these lands before December
13, 2005. No documentary proof was necessary for those who had been cultivating land
up to four hectares, as long as it was done to satisfy their own needs. In other words, it
provides the Right to hold and live in the forest land under the individual or common
occupation for habitation or for self-cultivation for livelihood. This right shall be
restricted to area under actual occupation and shall in no case exceeds an area of four
hectors.
o Rights for conversion of pattas or leases or grants issued by any local authority or
any state government on forest lands to titles.
o Rights in or over disputed lands under any nomenclature in any state where
claims are disputed.
 Use rights:Rights of ownership, access to collect, use and dispose of minor forest
produce which has been traditionally collected with in or outside village boundaries. It
provides the following rights
o Can use Minor Forestproduces things like tendu, pattaherbs, medicinal plants,
roots, fire woods etc.
o Can use Grazing grounds and water bodies.
o Use traditional areas of use by nomadic or pastoralist communities i.e.
communities that move with their herds, etc.
 Right to protect and conserve:for the first time, this law also gives the community the
right to protect and manage the forest and also to protect wildlife etc.
 No arbitrary dislocation: from the national park, and other protected areas of the
country, the forest dwellers cannot be displaced without fulfilling certain guidelines.
 Community rights: such as Nistar or by whatever name called.
Duties of Holders of Forest Rights
The holders of any forest right, Gram Sabha and village level institutions in areas where there are
holders of any forest right under this Act are empowered to–
(a) Protect the wild life, forest and biodiversity;
(b) Ensure that adjoining catchments area, water sources and other ecological sensitive areas
are adequately protected;

27
 (c) Ensure that the habitat of forest dwelling scheduled tribes and other traditional forest
dwellers is preserved from any form of destructive practices affecting their cultural and
natural heritage;
(d) Ensure that the decisions taken in the Gram Sabhato regulate access to community forest
resources and stop any activity which adversely affects the wild animals, forest and the
biodiversity are complied with.
Challenges
Lack of Awareness and Education
The tribals have been vulnerable and have been subject to exploitation in the hands of forest
officials, other minor government agents, money lenders and landlords due to their lack of
awareness and education.
FRA in Conflict with other Legislations
The act comes in conflict with other laws which creates ambiguity and thus creates loopholes on
the ground level. For example,conflict with the provisions of the panchayat act, 1996 and also
with the joint forest management practices.
Limitations of Ministry of Tribal Affairs
 It is alleged that the ministry is in short of eligible staff that are properly and completely
aware of provisions of the FRA act and therefore fail to ensure that proper application
process is applicable in recognizing rights of the forest dwellers.
 Wrongful rejections of claim are also happening that generally happens due to lack of
proper enquiries made by the officials.
 The vigilance committee of elected officials set up by the government is active.
Offences and Penalties
 Offences by members or officers of authorities and Committees under this Act.–Where
any authority or Committee or officer or member of such authority or Committee
contravenes any provision of this Act or any rule made thereunder concerning recognition
of forest rights, it, or they, shall be deemed to be guilty of an offence under this Act and
shall be liable to be proceeded against and punished with fine which may extend to one
thousand rupees: Provided that nothing contained in this sub-section shall render any
member of the authority or Committee or head of the department or any person referred
to in this section liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
 Cognizance of offences–No court shall take cognizance of any offence under section 7
unless any forest dwelling Scheduled Tribe in case of a dispute relating to a resolution of
a Gram Sabha or the Gram Sabha through a resolution against any higher authority gives

28
 a notice of not less than sixty days to the State Level Monitoring Committee and the State
Level Monitoring Committee has not proceeded against such authority.
Plant Varieties Protection and Farmers Rights Act, 2001 (PPV&FR Act)
In order to provide for the establishment of an effective system for the protection of plant
varieties, the rights of farmers and plant breeders and to encourage the development of new
varieties of plants it has been considered necessary to recognize and to protect the rights of the
farmers in respect of their contributions made at any time in conserving, improving and making
available plant genetic resources for the development of new plant varieties. The Govt. of India
enacted “The Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001” adopting
sui generis system. Indian legislation is not only in conformity with International Union for the
Protection of New Varieties of Plants (UPOV), 1978, but also have sufficient provisions to
protect the interests of public sector breeding institutions and the farmers.
The legislation recognizes the contributions of both commercial plant breeders and
farmers in plant breeding activity and also provides to implement TRIPs in a way that supports
the specific socio-economic interests of all the stakeholders including private, public sectors and
research institutions, as well as resource-constrained farmers. This particular act was approved
by the government of India in 2004 but came in to force with effect from January 2005.
Objectives of the PPV & FR Act, 2001
1. To establish an effective system for the protection of plant varieties, the rights of farmers
and plant breeders and to encourage the development of new varieties of plants.
2. To recognize and protect the rights of farmers in respect of their contributions made at
any time in conserving, improving and making available plant genetic resources for the
development of new plant varieties.
3. To accelerate agricultural development in the country, protect plant breeders’ rights;
stimulate investment for research and development both in public & private sector for the
development new of plant varieties.
4. Facilitate the growth of seed industry in the country which will ensure the availability of
high-quality seeds and planting material to the farmers.
Rights Under the Act
1. Breeders’ Rights: Breeders will have exclusive rights to produce, sell, market,
distribute, import or export the protected variety. Breeder can appoint agent/ licensee and
may exercise for civil remedy in case of infringement of rights.
2. Researchers’ Rights: Researcher can use any of the registered variety under the Act for
conducting experiment or research. This includes the use of a variety as an initial source
of variety for the purpose of developing another variety but repeated use needs prior
permission of the registered breeder.
3. Farmers' Rights

o A farmer who has evolved or developed a new variety is entitled for registration
and protection in like manner as a breeder of a variety;
o Farmers variety can also be registered as an extant variety;

29
 o A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce
including seed of a variety protected under the PPV&FR Act, 2001 in the same
manner as he was entitled before the coming into force of this Act provided
farmer shall not be entitled to sell branded seed of a variety protected under the
PPV&FR Act, 2001;
o Farmers are eligible for recognition and rewards for the conservation of Plant
Genetic Resources of land races and wild relatives of economic plants;
o There is also a provision for compensation to the farmers for non-performance of
variety under Section 39 (2) of the Act, 2001 and
o Farmer shall not be liable to pay any fee in any proceeding before the Authority
or Registrar or the Tribunal or the High Court under the Act.

Implementation of the Act

To implement the provisions of the Act the Department of Agriculture, Cooperation and
Farmers Welfare, Ministry of Agriculture and Farmers Welfare established the Protection of
Plant Varieties and Farmers' Rights Authority on 11" November, 2005. The Chairperson is the
Chief Executive of the Authority. Besides the Chairperson, the Authority has 15 members, as
notified by the Government of India (GOI). Eight of them are ex-officio members representing
various Departments/ Ministries, three from SAUs and the State Governments, one
representative each for farmers, tribal organization, seed industry and women organization
associated with agricultural activities are nominated by the Central Government. The Registrar
General is the ex-officio Member Secretary of the Authority.
General Functions of the Authority
1. Registration of new plant varieties, essentially derived varieties (EDV), extant varieties;
2. Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant
species;
3. Developing characterization and documentation of varieties registered;
4. Compulsory cataloguing facilities for all variety of plants;
5. Documentation, indexing and cataloguing of farmers' varieties;
6. Recognizing and rewarding farmers, community of farmers, particularly tribal and rural
community engaged in conservation and improvement;
7. Preservation of plant genetic resources of economic plants and their wild relatives;
8. Maintenance of the National Register of Plant Varieties and
9. Maintenance of National Gene Bank.
Registration of Varieties
The PPV and FR act authority establishes a plant varieties registry, which maintains a
national register of plant varieties. Specifies details under which a variety may be registered such
as a complete passport data of the parental lines from which a variety has been derived have to
be furnished by the breeder. A new variety will be registered under the act if it confirms to
certain criteria of novelty, distinctiveness, uniformity and stability.

30
 □ Novelty – refers to newness of a variety. A variety which has not been grown for more
than one year prior to the application for registration can be protected.
□ Distinctiveness – the variety should be clearly distinguishable from previously available
varieties at least for one characteristic.
□ Uniformity – it refers to some type of population of a variety. In cross pollinated species,
the range of variation should be within the tolerable limit.
□ Stability – it means that the variety should give stable performance after repeated
reproduction or propagation. Moreover, a variety should have a designation.
For registration of a variety an application has to be filed with the registrar, PPV and FR Act. No
fee is charged if a variety is registered by a farmer.
Who can Register-
an application for registration under section 14(1) shall be made by any individual or a group of
people as explained hereunder.
o any person claiming to be breeder of the variety, or
o any successor of the breeder of the variety, or
o any person being the assignee of thebreeder o the variety in respect of the right to
make such application, or
o any farmer or group of farmers or community of farmers claiming to be the breeder, or
o any person authorised in the prescribed manner by a person specified under clauses (a)
to (d) to make application on his behalf, or
o any university or publicly funded agricultural institute claiming to be the breeder of
the variety.
Period of Protection
The PPV and FR authority has accepted UPOVact 1978. According to this act, the period of
protection is 15 years for annual and biennial crops and 18 years for perennial plants such as
trees and vines. The registration is renewable after its expiry for a similar term of duration.
Exclusion
Those techniques which are harmful to animals and the environment such as terminator
technology and traitor technology are excluded and not allowed by the protection of plant
varieties and farmers rights act 2001.
Compensation
If a breeder of a propagating material of a variety registered under the act sells his product to a
farmer, he has to disclose the expected performance under given conditions. If the propagating
material fails to perform, the farmer can claim compensation in the prescribed manner before the
protection of plant varieties and farmers rights authority.
Penalty
Penalty for applying false denomination to a variety is imprisonment up to two years and /or a
fine between 50000 and five lakh. Penalty for falsely representing a variety as registered is
imprisonment up to three years and/or a fine between one to five lakhs or both. Penalty for
subsequent offence is imprisonment up to three years and/or a fine between two lakhs to 20
lakhs.
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Plant Varieties Protection Appellate Tribunal
There is transitory provision by which it is provided that till the PVPAT is established the
Intellectual Property Appellate Board (IPAB) will exercise the jurisdiction of PVPAT.
Consequently, the Plant Varieties Protection Appellate Tribunal (PVPAT) has been established
by appointing Technical Member. All orders or decisions of the Registrar of Authority relating to
registration of variety and orders or decisions of the Registrar relating to registration as agent or
licensee can be appealed in the Tribunal. Further, all orders or decisions of Authority relating to
benefit sharing, revocation of compulsory license and payment of compensation can also be
appealed in the Tribunal. The decisions of the PVPAT can be challenged in High Court. The
Tribunal shall dispose of the appeal within one year.

The Biological Diversity Act 2002 and Rules 2004

The Biological Diversity Act, 2002 was born out of India’s attempt to realise the
objectives enshrined in the United Nations Convention on Biological Diversity
(CBD) 1992 which recognizes the sovereign rights of states to use their own Biological
Resources. The act was enacted in 2002, it aims at the conservation of biological resources,
managing its sustainable use and enabling fair and equitable sharing benefits arising out of the
use and knowledge of biological resources with the local communities.
 Biodiversity: The biodiversity means the variability among living organisms from
all sources and the ecological complexes of which they are part and includes
diversity within species or between species and of ecosystems
 Biological Resources: The biological resources mean plants, animals and micro-
organisms or parts thereof, their genetic material and by-products (excluding value
added products) with actual or potential use or value, but does not include human
genetic material.
Objectives:
 The conservation of biodiversity;
 The sustainable use of biological resources;
 Equity in sharing benefits from such use of resources.
Salient Features of the Act
 The Act prohibits the following activities without the prior approval from
the National Biodiversity Authority:
o Any person or organisation (either based in India or not) obtaining any
biological resource occurring in India for its research or commercial
utilisation.
o The transfer of the results of any research relating to any biological
resources occurring in, or obtained from, India.
o The claim of any intellectual property rights on any invention based on
the research made on the biological resources obtained from India.

32
  The act envisaged a three-tier structure to regulate the access to biological
resources:
o The National Biodiversity Authority (NBA)
o The State Biodiversity Boards (SBBs)
o The Biodiversity Management Committees (BMCs) (at local level)
 The Act provides these authorities with special funds and a separate budget in order
to carry out any research project dealing with the biological natural resources of the
country.
o It shall supervise any use of biological resources and the sustainable
use of them and shall take control over the financial investments and
their return and dispose of those capitals as correct.
 Under this act, the Central Government in consultation with the NBA:
o Shall notify threatened species and prohibit or regulate their collection,
rehabilitation and conservation
o Designate institutions as repositories for different categories of
biological resources
 The act stipulates all offences under it as cognizable and non-bailable.
 Any grievances related to the determination of benefit sharing or order of the
National Biodiversity Authority or a State Biodiversity Board under this Act, shall
be taken to the National Green Tribunal (NGT).
The National Biodiversity Authority
 The National Biodiversity Authority (NBA) was established in 2003 by the Central
Government to implement India’s Biological Diversity Act (2002).
 It is a Statutory body that performs facilitative, regulatory and advisory functions for the
Government of India on the issue of Conservation and sustainable use of biological
resources.
 The NBA has its Headquarters in Chennai, Tamil Nadu, India.
Functions of the NBA
 Creating an enabling environment, as appropriate, to promote conservation and sustainable
use of biodiversity.
 Advising the central government, regulating activities and issuing guidelines for access to
biological resources and for fair and equitable benefit sharing in accordance with the
Biological Diversity Act, 2002.
 Taking necessary measures to oppose the grant of intellectual property rights in any country
outside India on any biological resource obtained from India or knowledge associated with
such biological resources derived from India illegally.
 Advising the State Governments in the selection of areas of biodiversity importance to be
notified as heritage sites and suggest measures for their management.

33
State Biodiversity Boards (SBBs)
 The SBBs are established by the State Governments in accordance with Section 22 of
the Act.
 Structure: The State Biodiversity Board consists of the following members:
o A Chairperson
o Not more than five ex officio members to represent the concerned Departments
of the State Government
o Not more than five members from amongst experts in matters relating to
conservation of biological diversity, sustainable use of biological resources and
equitable sharing of benefits arising out of the use of biological resources.
o All the members of the SBB are appointed by the respective State Governments.
Functions of SBBs
 Advise the State Government, subject to any guidelines issued by the Central
Government, on matters relating to the conservation, sustainable use or sharing
equitable benefits.
 Regulate by granting approvals or otherwise requests for commercial utilisation or bio-
survey and bio-utilisation of any biological resource by people.
Note:
 There are no State Biodiversity Boards constituted for Union territories.
 The National Biodiversity Authority exercises the powers and performs the functions of
a State Biodiversity Board for the UTs.
Biodiversity Management Committees (BMCs)
 According to Section 41 of the Act, every local body shall constitute the BMC within
its area for the purpose of promoting conservation, sustainable use and documentation
of biological diversity including:
o Preservation of habitats
o Conservation of Landraces
o Folk varieties and cultivars
o Domesticated stocks and breeds of animals
o Microorganisms And Chronicling of Knowledge Relating to Biological
Diversity
Structure
 It shall consist of a chair person and not more than six persons nominated by the local
body.Out of total members of a BMC, not less than one third should be women and not
less than 18% should belong to the Scheduled Castes/ Scheduled Tribes.

34
  The Chairperson of the Biodiversity Management Committee shall be elected from
amongst the members of the committee in a meeting to be chaired by the Chairperson of
the local body.
 The chairperson of the local body shall have the casting votes in case of a tie.
Functions
 The main function of the BMC is to prepare People’s Biodiversity Register in
consultation with the local people.
 The register shall contain comprehensive information on availability and knowledge of
local biological resources, their medicinal or any other use or any other.

Its key provisions aimed at achieving the above are:

1. Prohibition on transfer of Indian genetic material outside the country, without specific
approval of the Indian Government;
2. Prohibition on anyone claiming an Intellectual Property Right (IPR), such as a patent,
over biodiversity or related knowledge, without permission of the Indian Government;
3. Regulation of collection and use of biodiversity by Indian nationals, while exempting
local communities from such restrictions;
4. Measures for sharing of benefits from the use of biodiversity, including transfer of
technology, monetary returns, joint Research & Development, joint IPR ownership, etc.;
5. Measures to conserve and sustainably use biological resources, including habitat and
species protection, environmental impact assessments (EIAs) of projects, integration of
biodiversity into the plans, programmes, and policies of various departments/sectors;
6. Provisions for local communities to have a say in the use of their resources and
knowledge, and to charge fees for this;
7. Protection of indigenous or traditional knowledge, through appropriate laws or other
measures such as registration of such knowledge;
8. Regulation of the use of genetically modified organisms;
9. Setting up of National, State, and Local Biodiversity Funds, to be used to support
conservation and benefit-sharing;
10. Setting up of Biodiversity Management Committees (BMC) at local village level, State
Biodiversity Boards (SBB) at state level, and a National Biodiversity Authority (NBA).
Exemptions from the Act

 The Act excludes Indian biological resources that are normally traded as

commodities.Such exemption holds only so far, the biological resources are used as
commodities and for no other purpose.
 The act also excludes traditional uses of Indian biological resources and associated
knowledge and when they are used in collaborative research projects between
Indian and foreign institutions with the approval of the central government.

35
  Uses by cultivators and breeds, e.g. farmers, livestock keepers and bee keepers and
traditional healers e.g.vaids and hakims are also exempted.
Biodiversity Heritage Sites (BHS)

 Under Section 37 of Biological Diversity Act, 2002 the State Government in

consultation with local bodies may notify the areas of biodiversity importance
as Biodiversity Heritage Sites.
 The Biodiversity Heritage Sites are the well-defined areas that are unique,
ecologically fragile ecosystems - terrestrial, coastal and inland waters and,
marine having rich biodiversity comprising of any one or more of the following
components:
o Richness of wild as well as domesticated species or intra-specific
categories
o High endemism
o Presence of rare and threatened species
o Keystone species
o Species of evolutionary significance
o Wild ancestors of domestic/cultivated species or their varieties
o Past preeminence of biological components represented by fossil beds
o Having significant cultural, ethical or aesthetic values; important for
the maintenance of cultural diversity (with or without a long history of
human association with them)
 Areas having any of the following characteristics may qualify for inclusion as BHS.
 Example: Glory of Allapalli in Maharasthra, Ameenpur lake of telengana, Naro
Hills of Madhya Pradesh, Tonglu BHS and Dhotrey BHS under the Darjeeling
Forest Division, West Bengal, Mandasaru Gorge ecosystem of Odisha.
The Protection of Traditional Knowledge Bill, 2016
An Act to provide for a transparent legal framework for the protection of, access to, and
use of, traditional knowledge, genetic resources and expressions of folklore, which also
guarantees equitable sharing of benefits and effective participation of holders.
The main objectives of the act are as follows
 Preserve: Functions of the National Authority OR State Board shall be only limited to
identifying the traditional knowledge and marking the same to the right community
(Identifying the right custodian/owner).
 Protect: There shall be a separate autonomous institution having quasi-judicial powers
like that of Competition Commission of India or Intellectual Property Appellate Tribunal
to enforce the provisions in connection with the protection of traditional knowledge. Any

36
 dispute in connection with the misappropriation of traditional knowledge shall be heard
by such Commission on Indian Traditional Knowledge.
 Promote: Promoting traditional knowledge is altogether a different activity. Thus, there
shall be a different autonomous institution consisting of qualified personals consisting of
scientists, professionals from finance, marketing, law etc. constituted for the promotion
of the traditional knowledge addressing the scope of research activities as well as the
economic exploitation. This wing shall function with a profit motive and the income
generated by exploiting the traditional knowledge shall be proportionately shared among
the custodian/owners of such knowledge as identified by the National Authority or the
State Board. Further, this wing shall act as a bridge between the indigenous people who is
actually practicing the TK and different institutions formed under the Traditional
knowledge bill for the protection of traditional knowledge. It shall also carryout various
awareness programs on the rights of the TK owners and shall act as a trustee of the
Indian traditional knowledge for the benefit of the actual TK owners.
Scope of The Act
The Act protects
(a) A holder against infringement of the holder's rights in relation to traditional knowledge,
genetic resources and expressions of folklore;
(b) Traditional knowledge and expressions of folklore against misappropriation, misuse and
unlawful exploitation;
(c) An equitable balance between the rights and interests of holders and users;
(d) Genetic resources found insitu and exsitu1 against misappropriation and illegal exploitation;
(e) Improper grant and exercise of intellectual property rights in traditional knowledge, genetic
resources and expressions of folklore.
Who will own the rights of Traditional Knowledge?
Either State Government or the Central Government shall be the custodian of the
traditional knowledge which is derived or practised within its territorial jurisdiction.Instead of
the term ownership, Honourable Member of Parliament used the term custodian. Further, the
respective government reserves the right to transfer the custodianship.
Apart from placing the State/Central Government as the owner/custodian of the whole
traditional knowledge, which is derived or practised within its territorial jurisdiction,respective
governments shall be the owner of such knowledge, whose practice sustains the livelihoods of
many persons scattered across the territory of India, and which does not have a specific
community or institution or family as custodian. On the other side, the knowledge which is
preserved and practised by specific community or institution or a family, then such community
or institution or the family shall be the owner or custodian of such knowledge.

1
The process of protecting an endangered plant or animal species in its natural habitat is commonly
known as in situ conservation. On the other hand, ex situ conservation is the relocation of endangered or
rare species from their natural habitats to protected areas equipped for their protection and preservation.

37
 However, respective government shall act as the trustee of traditional knowledge for
its preservation, protection and promotion, where it shall suo motu2 recognise the ownership of
traditional knowledge of respective communities and giving an opportunity of public opposition
in case of wrongly identified custodians of traditional knowledge. Provided, the onus of proof
shall lie on such person or group of persons who are raising such objection. Strict guidelines
shall be implemented in this regard. Either TKDL or TKDS facility or both shall be adopted for
this purpose.
Geographical Indications Act 2003
Geographical Indication (GI) is a relatively new but important instrument in intellectual
property protection. The TRIPS Agreement defines geographical indications as: Indications
which identify a good as originating in the territory of a Member of the WTO, or a region or
locality in that territory, where a given quality, reputation or other characteristic of the good is
essentially attributable to its geographical origin.
In December 1999, the Parliament had passed the Geographical Indications of Goods
(Registration and Protection) Act,1999. This Act seeks to provide for the registration and better
protection of geographical indications relating to goods in India. The Act would be administered
by the Controller General of Patents, Designs and Trade Marks- who is the Registrar of
Geographical Indications. The Geographical Indications Registry would be located at Chennai.
The Act has come into force with effect from 15th September 2003.
Geographical Indication, in relation to goods, means an indication which identifies such
goods as agricultural goods, natural goods or manufactured goods as originating, or
manufactured in the territory of country, or a region or locality in that territory where a given
quality, reputation or other characteristic of such goods is essentially attributable to its
geographical origin and in case where such goods are manufactured goods, one of the activities
of either the production or of processing or preparation of the goods concerned takes place in
such territory, region or locality, as the case may be.
The terms goods and indications are defined as:
Goods means any agricultural, natural or manufactured goods or any goods of handicraft or of
industry and includes food stuff.
Indication includes any name, geographical or figurative representation or any combination of
them conveying or suggesting the geographical origin of goods to which it applies.
Properties of Geographical Indication
 It is an indication
 It originates from a definite geographical territory.
 It is used to identify agricultural, natural or manufactured goods

2
meaning "on its own motion" is an Indian legal term, relating to an action taken by a court of its
own accord, without any request by the parties involved.

38
  The manufactured goods should be produced or processed or prepared in that territory.
 It should have a special quality or reputation or other characteristics
Examples of possible Indian Geographical Indications.
 Andhra Pradesh Araku Valley Arabica Coffee,
 KondapalliBommallu,
 Tirupathi Laddu
 Odisha Rasagola, Sambalpuri Sharee
 Tamilnadu All
 Alleppey Green Cardamom,
 Malabar PepperDarjeeling Tea
 Kanchipuram silk saree
 Nagpur Orange
 KolhapuriChappal
 Agra Petha
Benefit of Registration of Geographical Indications?
 It confers legal protection to Geographical Indications in India
 Prevents unauthorised use of a Registered Geographical Indication by others
 It provides legal protection to Indian Geographical Indications which in turn boost
exports.
 It promotes economic prosperity of producers of goods produced in a geographical
territory.
Geographical Indications that are not Registrable?
For registrability, the indications must fall within the scope of section 2(1)e of GI Act,
1999. Being so, it has to also satisfy the provisions of section 9, which prohibits registration of a
Geographical Indication.
 The use of which would be likely to deceive or cause confusion; or
 The use of which would be contrary to any law for the time being in force; or
 Which comprises or contains scandalous or obscene matter; or
 Which comprises or contains any matter likely to hurt the time being in force; religious
susceptibilities of any class or section of the citizens of India; or
 Which would otherwise be dismantled to protection in a court; or

39
  Which are determined to be generic names or indications of goods and are, therefore, not
or ceased to be protected in their country of origin or which have fallen into disuse in that
country; or
 Which although literally true as to the territory region or locality in which the goods
originate, but falsely represent to the persons that the goods originate in another territory,
region or locality as the case may be.
Eligibility for registration of a geographical indication?
 Any association of persons, producers, organisation or authority established by or under
the law can apply.
o The applicant must represent the interest of the producers
o The application should be in writing in the prescribed form
o The application should be addressed to the Registrar of Geographical Indications
along with prescribed fee.
Who is a registered proprietor of a geographical indication?
 Any association of persons, producers,organisation or authority established by or under
the law can be a registered proprietor.
 Their name should be entered in the Register of Geographical Indication as registered
proprietor for the Geographical Indication applied for.
Who is an authorised user?
 A producer of goods can apply for registration as an authorised user
 It must be in respect of a registered geographical indication
 He should apply in writing in the prescribed form alongwith prescribed fee
Who is a producer in relation to a Geographical Indication?
 The persons dealing with three categories of goods are covered under the term Producer:
o Agricultural Goods includes the production, processing, trading or dealing
o Natural Goods includes exploiting, trading or dealing
o Handicrafts or Industrial goods includes making, manufacturing, trading or
dealing.
Some other important aspects relating to GI:
 Registration of a geographical indication is not compulsory;however,registration affords
better legal protection to facilitate an action for infringement. The registered proprietor
and authorised users can initiate infringement actions. The authorised users can exercise
the exclusive right to use the geographical indication.

40
  An authorised user has the exclusive rights to the use of geographical indication in
relation to goods in respect of which it is registered.
 The registration of a geographical indication is valid for a period of 10 years
 It can be renewed from time to time for further period of 10 years each.
 If a registered geographical indication is not renewed it is liable to be removed from the
register.
 A geographical indication is a public property belonging to the producers of the
concerned goods. It shall not be the subject matter of assignment, transmission, licensing,
pledge, mortgage or such other agreement However, when an authorised user dies, his
right devolves on his successor in title.
 The Appellate Board or the Registrar of Geographical Indications has the power to
remove the geographical indication or an authorised user from the register. Further, on
application by an aggrieved person action can be taken.
Infringement of a registered Geographical Indication:
When an unauthorised user uses a geographical indication that indicates or suggests that
such goods originate in a geographical area other than the true place of origin of such goods in a
manner which mislead the public as to the geographical origin of such goods. When the use of
geographical indication result in an unfair competition including passing off in respect of
registered geographical indication. When the use of another geographical indication results in
false representation to the public that goods originate in a territory in respect of which a
registered geographical indication relates.
Geographical Indication v/sTrademark?
A trade mark is a sign which is used in the course of trade and it distinguishes goods or
services of one enterprise from those of other enterprises. Whereas a geographical indication is
an indication used to identify goods having special characteristics originating from a definite
geographical territory.

Questions:
1. Write a short note on the legal framework of traditional knowledge?
2. What are the objectives of framing the scheduled tribes and other traditional forest
dwellers act 2006? Explain its legal framework?
3. What is Plant Varieties Protection and Farmers Rights Act, 2001? How it helps in
preserving the plant varieties through different rights under the act?
4. Outline the provisions under the biodiversity act 2002? What are weaknesses of the act.
5. Write a short note on biological diversity rules 2004.
6. What is the need of the Protection of Traditional Knowledge Bill, 2016? Explain the
rights of the TK owner according to the bill?
7. What is GI? Explain the benefits and different aspects of GI?

41
8. Is a registration of a geographical indication compulsory and how does it help the
applicant?
9. How a geographical indication is different from a trade mark?

42
 Unit-IV
TraditionalKnowledge andIntellectual Property
1. Systemsoftraditionalknowledgeprotection
2. Legalconceptsfortheprotectionoftraditionalknowledge
3. CertainnonIPRmechanismsoftraditionalknowledgeprotection
4. Patentsandtraditionalknowledge
5. Strategiestoincreaseprotectionoftraditionalknowledge
6. Global legalFORAforincreasingprotectionofIndianTraditionalKnowledge
Systems of Traditional Knowledge Protection
With the growing commercial use of TK has made it vulnerable to misuse and
misappropriation by the third parties. There is a constant debate going on for efforts towards
adapting to the changing requirements. The National Intellectual Property Rights Policy, 2016
recognizes that there is ‘considerable unexplored potential for develop, promoting and utilizing
traditional knowledge of India’. It also lays the importance on acknowledging the inputs of the
less visible Intellectual property generators like the traditional knowledge holders. Similarly,
AYUSH Policy 2002, and the draft AYUSH Policy 2016, supports promotion of the Traditional
Medicine industry. Such initiatives act as a move for protection and recognition of TK and also
the rights of TK holders. Apart from medicinal knowledge there are various traditional
agricultural techniques, the local communities have used their understandings and identified
valuable genes and traits in crops ad maintained them over centuries.
The most difficult aspect of traditional knowledge is in its protection. There has been a
lot of debate to protect traditional knowledge under IP regime but that in itself faces a lot of
challenges such as;
a) under which IP under which traditional knowledge can be protected,
b) since every IP protection is provided for a limited period of time then how will
traditional knowledge have a continuous protection.
Protection of traditional knowledge is rooted in the problem of Bio-piracy. Bio-piracy
occurs when there is commercial utilization of traditional knowledge without proper
authorization of the indigenous or local people associated with such knowledge.
In just under two years, in Europe alone, India has succeeded in bringing about the
cancellation or withdrawal of 36 applications to patent traditionally known medicinal
formulations. The key to this success has been its Traditional Knowledge Digital Library
(TKDL), a database containing 34 million pages of formatted information on some 2,260,000
medicinal formulations in multiple languages. Designed as a tool to assist patent examiners of
major intellectual property (IP) offices in carrying out prior art searches, the TKDL is a unique
repository of India’s traditional medical wisdom. It bridges the linguistic gap between traditional

43
knowledge expressed in languages such as Sanskrit, Arabic, Persian, Urdu and Tamil, and those
used by patent examiners of major IP offices. India’s TKDL is proving a powerful weapon in the
country’s fight against erroneous patents, sometimes referred to as “biopiracy”.
Legal concepts for the protection of traditional knowledge
Though, there is no particular legislation for protection of TK and the rights of the
holders but there are certain legislations that indirectly protect the TK.
The Forest Conservation Act, 1980: Under the Act, there are restrictions made on the de-
reservation of forest or use of the forest land for non-forest purpose without the approval
of the Central Government. The legislation is a strict one and, in a way, provides for
conservation and protection of medicinal plants.
The Protection of Plant Varieties and Farmers’ Rights Act, 2001: The Protection of Plant
Varieties and Framers’ Rights Act, 2001 has been enacted as sui generis3 act, as
mentioned under the “Article 27 (3)(b)” of the TRIPS Agreement. The Act recognizes the
role of farmers as cultivators and conservers, and also acknowledges the contribution of
traditional, rural and tribal communities in the country’s agro-biodiversity by making
provisions for benefit sharing and compensation and also protecting the traditional rights
of the farmers.
Under the Act, the Protection of Plant varieties and farmers rights’ Authority is
formed. It is an agency that is concerned with protection of TK. The main function of the
Authority is documentation, indexing and cataloguing of farmers’ varieties; registration
of extant varieties; maintenance of the National Gene Bank, and lastly, recognizing and
rewarding farmers, community of farmers for conservation and improvement of plant
genetic resources of economic plants and their wild varieties.
The Biological Diversity Act, 2002: The Biological Diversity Act, 2002 was enacted to fulfill
India’s obligations towards Convention on Biological Diversity. The biological diversity
Act is regarded as an important legislation in India for protection of TK. The Biological
Diversity Act, along with the Biological Diversity Rules, 2004 and the Guidelines on
3
Sui generis is a Latin expression that translates to “of its own kind.” It refers to anything that is
peculiar to itself; of its own kind or class. In legal contexts, sui generis denotes  an independent
legal classification. 
The main types of intellectual property law are: copyright, which protects creative works; patent, which
protects invention; trade secret, which protects information not generally known or readily ascertainable
that is valuable to the secret holder; and trademark, which protects branding and other exclusive
properties of products and services. Any matter that meets these criteria can be protected.
However, sui generis statutes exist in many countries that extend intellectual property protection to matter
that does not meet characteristic definitions: integrated circuit layouts, ship hull designs, fashion designs
in France, databases, or plant varieties require sui generis statutes because of their unique
characteristics. The United States, Japan, Australia and many EU countries protect the topography of
semiconductor chips and integrated circuits under sui generis laws, which borrow some aspects from
patent or copyright law. In the U.S. this sui generis law is known as the Semiconductor Chip Protection
Act of 1984.

44
 Access to Biological Resources and Associated Knowledge and Benefits Sharing
Regulations, 2014, indirectly recognizes the rights of the indigenous communities and the
knowledge that they hold. There are no specific provisions that refer to TK per se, but the
biological resources associated to TK are mentioned.
Among different provisions the access and benefit sharing provisions under the
Biological Diversity Act must be taken into consideration. Under the Act, provisions are
laid down for benefit sharing that arises out of the utilization of the biological resources.
The National Biodiversity Board has the power to regulate activities and also to issue
guidelines for benefit sharing. Similarly, the Biological Diversity Act also provides
provisions for access of biological resources. the provisions lay down the conditions
under which persons, commercial firms, and other institutions can access biological
resources available in Indian and also the knowledge that is associated with biological
resources, for research or for commercial utilization or for bio survey and bio utilization.
Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006: The Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006 is an Act that aims to provide forest rights and occupation of forest
land in forest dwelling Schedule Tribes and other traditional forest dwellers, who have
been residing in such forests for generations. The Act also recognize the right to
intellectual property and traditional knowledge related to biodiversity.
Patent Act, 1970 (Amendment Act, 2005):The Patent Act, 1970, provided exclusive right to the
inventor for his invention. Patent Act of 1970 excluded patentability of genetic resources
but Patent Act as amended in 2005 under section 10 makes it mandatory for applicant to
disclose the source and geographical origin of biological material in the patent
application. The said Amendment Act aims to provide protection to traditional
knowledge of the indigenous community but the Act does not provide any provision to
oppose a patent application or to revoke a patent granted on the ground that the
traditional knowledge is used without the prior informed consent of the community.
The Geographical Indications of Goods (Registration and Protection) Act, 1999: Geographical
Indications (hereafter referred to as GIs) are signs that identify goods originating in a
specific locality, region or territory, and enjoy certain quality, reputation or characteristic
adducible to the geographical origin. The Act facilitates protection of collective rights of
the rural and indigenous communities and their traditional knowledge. By registering an
item which is the product of TK as Geographical Indication, it can be continue to be
protected indefinitely by renewing the registration when it expires after a period of ten
years. The Act also prohibits registration of a GI as a trade mark, thereby preventing
misappropriation of traditional knowledge in public domain by an individual as a trade
mark.

45
The Trade Marks Act, 1999: Trademarks are indications of distinctiveness that a trade mark
holder may affix on a product for which that mark is registered. But the protection of TK
under as trademarks is difficult. There is little scope of protection of TK under this Act.
Certain non-IPR mechanisms of traditional knowledge protection
Non-IP protection of TK focuses on protection of ecological resources. Non-IP protection
includes establishing conservation parks, protecting endangered species, restricting development,
protecting cultural remains, and conserving habitats, among other forms of protection. Moreover,
the CBD (Convention on Biological Diversity), the Convention of Agriculture, and other
international agreements provide protection to genetic resources or TK, and the benefit sharing
mechanism.
Genetic resources themselves are not intellectual property (they are not creations of the
human mind) and thus cannot be directly protected as intellectual property. However, inventions
based on or developed using genetic resources (associated with traditional knowledge or not)
may be patentable or protected by plant breeders’ rights. In considering intellectual property
aspects of use of genetic resources, WIPO’s work complements the international legal and policy
framework defined by the Convention on Biological Diversity (CBD), and its Nagoya Protocol,
and the International Treaty on Genetic Resources for Food and Agriculture of the United
Nations Food and Agriculture Organization. The methods of protecting such genetic traditional
resources includes:
 Defensive protection of genetic resources: This strand of the work aims at preventing
patents being granted over genetic resources (and associated traditional knowledge)
which do not fulfil the existing requirements of novelty and inventiveness. In this
context, to help patent examiners find relevant prior art, proposals have been made that
genetic resources and traditional knowledge databases could help patent examiners avoid
erroneous patents and WIPO has improved its own search tools and patent classification
systems. The other, more controversial, strand concerns the possible disqualification of
patent applications that do not comply with CBD obligations on prior informed consent,
mutually agreed terms, fair and equitable benefit-sharing, and disclosure of origin.
“Biopiracy” is a term sometimes used loosely to describe biodiversity-related patents that
do not meet patentability criteria or that do not comply with the CBD’s obligations – but
this term has no precise or agreed meaning.
 Traditional Knowledge Digital Library: India has adopted one of the defensive
protection of TK through the development of a digital database in the form of the
Traditional Knowledge Digital Library (TKDL) in 2001. This initiative was taken by
India to protect Indian traditional medicinal knowledge from misappropriation at
International Patent Offices. It has converted Indian Systems of Medicines like
Ayurveda, Siddha, Unani and Sowa Rigpa, even Yoga into five different languages,
namely, English, Japanese, French, German and Spanish through information technology
tools. TKDL database consists of over 2,50,000 formulations used in traditional medicine

46
 systems in India, namely, Ayuveda, Siddha, Unani and Yoga. TKDL is a pioneer
initiative of India to prevent misappropriation of country’s traditional medicinal
knowledge at international patent offices on which healthcare needs of more than 70%
population and livelihood of millions of people in India is dependent.
 Convention on Biological Diversity: The Convention on Biological Diversity (CBD),
known informally as the Biodiversity Convention, is a multilateral treaty. The
Convention has three main goals: the conservation of biological diversity (or
biodiversity); the sustainable use of its components; and the fair and equitable sharing of
benefits arising from genetic resources. Its objective is to develop national strategies for
the conservation and sustainable use of biological diversity, and it is often seen as the key
document regarding sustainable development.
 The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable
Sharing of Benefits Arising from their Utilization (ABS) to the Convention on Biological
Diversity is another supplementary agreement to the CBD. It provides a transparent legal
framework for the effective implementation of one of the three objectives of the CBD:
the fair and equitable sharing of benefits arising out of the utilization of genetic
resources. The Nagoya Protocol was adopted on 29 October 2010 in Nagoya, Japan, and
entered into force on 12 October 2014.
 Habitat and Biodiversity Conservation: India is one among the 17 mega diverse
countries of the world. But many plants and animals are facing threat of extinction. To
protect the critically endangered and other threatened animal and plant species,
Government of India has adopted many steps, laws and policy initiatives. Project Tiger
was launched by the Government of India with the support of WWF-International in
1973 and was the first such initiative aimed at protecting this key species and all its
habitats. Similarly, Crocodiles have been threatened as their skin is used for making
leather articles. This led to the near extinction of crocodiles in the wild in the 1960s in
India. A Crocodile Breeding and Conservation Program was initiated in 1975 to protect
the remaining population of crocodilians in their natural habitat and by creating breeding
centres. It is perhaps one of the most successful ex situ conservation breeding projects in
the country.
Important Indian Acts passed related to Environment and Bio-diversity conservation
 Fisheries Act 1897
 Indian Forests Act 1927
 Mining and Mineral Development Regulation Act 1957
 Prevention of cruelty to animals 1960
 Wildlife protection act 1972
 Water (prevention and control of pollution) act 1974
 Forest Conservation Act 1980
 Air (prevention and control of pollution) act 1981
 Environment Protection Act 1986

47
  Biological Diversity Act 2002
 Scheduled Tribes and other traditional forest dwellers (recognition of rights) act 2006.

Patents and Traditional Knowledge

Traditional knowledge, as opposed to common belief, is not so called because of its
antiquity. It is a living body of knowledge that is developed, sustained and passed on from
generation to generation within a community, and often forms part of its cultural or spiritual
identity. As such, it is not easily protected by the current intellectual property system, which
typically grants protection for a limited period to inventions and original works by named
individuals or companies. Its living nature also means that “traditional” knowledge is not easy to
define.
Protecting and promoting traditional knowledge is an amalgamation of various ideas like
human rights, conservation of resources, sustainable development, intellectual property rights
and benefit sharing mechanism. This work looks at traditional knowledge through the lens of
intellectual property ecosystem.
In term of Intellectual Property (IP) protection for traditional knowledge, two types are being
sought:
i. Defensive protection which aims to stop people outside the community from acquiring
intellectual property rights over traditional knowledge. India, for example, has compiled a
searchable database of traditional medicine that can be used as evidence of prior art by
patent examiners when assessing patent applications. Defensive strategies might also be
used to protect sacred cultural manifestations, such as sacred symbols or words from
being registered as trademarks.
ii. Positive protection under which there is granting of rights that empower communities to
promote their traditional knowledge, control its uses and benefit from its commercial
exploitation. Some uses of traditional knowledge can be protected through the existing
intellectual property system, and a number of countries have also developed specific
legislation.
However, the international legal system has not surfaced with an instrument for specific
protection of such traditional or indigenous knowledge and even though some national laws do
accord protection, this may not hold sufficient for other countries.
India is a mega diverse country with only 2.4% of the world’s land area, harbours 7-8%
of all recorded species, including over 45,000 species of plants and 91,000 species of animals. Of
the 34 global biodiversity hotspots, four are present in India, represented by the Himalaya, the
Western Ghats, the North-East, and the Nicobar Islands. Further, India is the largest producer of
medicinal plants and the traditional medicinal systems found under Ayurveda, Siddha and Unani,
are concepts that were developed between 2500 and 500 BC in India.
That India is a biologically diverse and the traditional knowledge possessed regarding
various resources, especially the medicinal system, makes it a richer nation is understood,

48
however such the possession of such knowledge must be both protected and promoted. India has
undergone many struggles in trying to safeguard her traditional knowledge. These resulted from
patents granted to corporations, for knowledge that is India’s legacy. Here three popular cases
that brought to the fore the supposed “stealing” of Indian traditional knowledge and access of
biological resources, in contravention of the Biological Diversity Act, 2002.
The Neem Case
A controversy that can be tagged the “first” for India, and which rose doubts about a
supposedly “strict” patent system, was the granting of patent to a company W.R. Grace. The
company was granted a patent in the United States and the European Union, for a formulation
that held in the stable storage of azadirachtin, the active ingredient in the neem plant; it planned
to use azadirachtin for its pesticidal properties. Traditional systems of medicine like Ayurveda
and Unani, identify antiviral and antibacterial properties of the neem tree also known as the
“curer of all ailments” in Sanskrit, and prescribe the same for treating skin diseases and as a
natural pesticide. The applicant admitted in the patent application of how the pesticidal uses of
neem were known and pointed out to the fact that storing azadirachtin for a longer duration is
difficult. The US patent granted, covered a limited invention whereby the applicant was only
given the exclusive right to use azadirachtin in the particular storage solution described in the
patent.
The grant of the patent was followed by an uproar and it was challenged through re-
examination and post-grant opposition proceedings before the United States Patent and Trade
Mark Office (USPTO) and the European Patent Office (EPO), respectively. Though there was no
success at the USPTO, the European Patent Office ruled in favour of the opposition stating the
patent granted, lacked in novelty and inventive step.
The Turmeric Case
As the USPTO and EPO were dealing with the Neem case, a similar matter was boiling; a
patent was granted for “use of turmeric in wound healing” and claimed a method to heal wounds
in a patient by administration of an “effective amount” of turmeric. Suman K. Das and Hari Har
P. Cohly were the inventors of this patent and had later assigned the patent to the University of
Mississippi.
A re-examination application was filed against the granted patent, along with nearly two
dozen references, which resulted into early success. The inventors’ defence was proven weak in
front of the modern commentaries on classic ayurvedic texts, extracts from Compendium of
Indian Medicinal Plants and nineteenth century historical texts from the library of Hamdard
University, resultantly in August 1997, the USPTO ordered revocation of the patent, which
lacked novelty.
The Basmati Case
Another case that created much havoc was a patent granted by the USPTO to an
American company called RiceTec for “Basmati rice lines and grains”. Basmati rice is a
traditionally grown aromatic variety of rice, in India and Pakistan. The grant of this patent

49
created multitude IP issues besides that under the patent law i.e., under trademarks and
geographical indications.
RiceTec had been granted patent for the invention of hybrid rice lines that combined
desirable grain traits of Basmati rice with desirable plant traits; this was due to the inferior
quality of Basmati rice that grew in US in comparison to the good quality Basmati rice being
cultivated in northern India and Pakistan and would help in growing a better crop of Basmati rice
in the western hemisphere, especially US. A re-examination request was filed, with declarations
from two scientists, along with several publications on Basmati rice and the research conducted
on the rice in India—one of which made the USPTO realise that core claims of RiceTec were
non-obvious. This resulted into RiceTec not challenging the USPTO’s decision and reducing its
twenty claims to three.
Strategies to increase protection of traditional knowledge
The following strategies or measures can be adopted to better protect and harness traditional
knowledge
 Establishing Systems for protecting traditional knowledge and ensuring benefit
sharing Measures designed to secure recognition of indigenous and local people’s rights
over resources and intellectual property must include:
 Steps to strengthen partnerships between local government and local people
 Establishment of wider networks and linkages among indigenous peoples, NGOs,
Universities and local governments, with a view to broad-based management of
various ecosystems
 Steps to enhance local control over traditional resources, including mechanisms to
ensure adequate benefit sharing from the wider use and application of indigenous
and local knowledge, innovations, and practices.
 Establishing better cooperation, benefit sharing with the indigenouscommunities.
Forced movement of native communities should be discouraged as being profoundly
destructive to indigenous and other traditional societies, as well as to biological and
cultural diversity. As a matter of course, the issue has to be seen in a larger context,
taking into account all the different factors influencing land tenure.
 Creating awareness among young generations regarding the various traditional
knowledge and their use in day-to-day life. Highly rich culture and tradition of India can
only be preserved by imparting knowledge and recollecting the Indian traditional
knowledge by the young could help in increased use and protection of traditional
knowledge.
 More scientific research could establish confidence and trust among people for use of
traditional knowledge especially in medicine and herbal treatment. Traditional method
of treatment of chronic diseases could be cured effectively with out any side effect like

50
 the allopathic treatment methods. Gradually scientific studies are proving the medicinal
and health benefits of Indian traditional clothing, food, yoga, Ayurveda etc.
 Active government involvement and promotion of specific traditional knowledge could
protect it effectively. Like very recently, the government of in pandemic. Moreover,
government has promoted the use of Jute by instructing certain industries to compulsorily
use jute bags for packing. Similarly, it is also promoting the Khadi and village industries
in both national and international level.
 Establishing common ground between scientific, local, and political world views and
carefully considering important linkages between culture, nature and the external
socio-political environment. It also requires a shift in scientific perspective, towards
recognition of different modes of knowing and of the validity of all systems of
knowledge.
 There should be policies, legislation and ethical guidelines ensuring that local and
indigenous communities are able to protect their traditional resources (including land,
knowledge and genetic resources) but at the same time benefit equitably from the wider
use and application of their knowledge, innovations and practices. In order to bring about
these changes, programmes and actions should be guided by a holistic approach.
 Creation and access to market by the traditional communities to sale their traditional
products.Positive action is needed to ensure that local communities have access to
markets. For example, exhibition, promotions by several institution, providing
information on prices, purchasers, and technologies, and institutional arrangements can
be introduced that shorten supply chains and improve marketability.
 Capacity-building needs: All efforts to promote conservation of TK must include
capacity building, ensuring that community members, NGO staffers, and employees of
government bodies have the right skills at the right level. New technologies and strategies
create a need for effective training, impact assessment, and follow-up support. External
agencies may have to develop these skills before they can assist regional and community
groups.
 Institutional consolidation of indigenous organizations:Case studies and workshops
have shown that both traditional and newly created indigenous organizations have a
strong need for institutional support in a large number of areas such as management
skills, financial administration and legal affairs. Information management should,
therefore, be included in capacity building activities. Institutions should also be given
training in fund-raising and in how to approach donor organizations. Other institutions
that should be considered for capacity building are bodies that grant access to knowledge
and biodiversity; bodies dealing with TK in their role as alternative scientific institutions;
and indigenous educational institutions such as schools and universities.
 Promoting intercultural exchange of experiences: Actions to promote dialogue, mutual
understanding and respect include supporting indigenous groups in creating mechanisms
through which communities can exchange experiences of conserving biological and

51
 cultural diversity; immersion programmes for outsiders designed to bring about changes
in attitude towards indigenous cultures and to improve communication skills; and the
inclusion of both indigenous and scientific knowledge in local educational curricula.
Exchanges between indigenous communities (e.g. through mutual visits) can be a
powerful means for “bottom-up” capacity building. In particular, cross-border visits
between members of the same ethnic group should be fostered in order to promote
learning processes. Several regional meetings and workshops on TK and indigenous
communities in South-East Asia and Latin America have recommended such a step.
 Enablement for policy dialogue:Local people should be supported in their efforts to
conduct policy dialogues and should be provided with appropriate training for such
activities. Education and training should focus on young leaders within indigenous and
local communities, and young men and women should be helped, through the provision
of financial support, to gain access to universities and other educational institutions.
Capacity building should not concentrate just on local communities; it should extend to
representatives of local government and NGOs with a view to improving communication
and collaboration with local communities. This can lead to the creation of partnerships
for developing effective mechanisms for the protection of TK. Capacity-building
activities should expose policy makers, officials, and NGO staff members to the daily life
of communities, so that their own experiences are fed back into the policy-making
process. This would also involve establishing mechanisms for multi-stakeholder
dialogue, cooperation and conflict management.
 Awareness raising and cultural impact assessment: Raising education and awareness,
both in the countries of origin of biodiversity and TK and in industrial countries, helps
increase public understanding of the importance of TK in effectively conserving
biological and cultural diversity. Awareness-raising campaigns help communities
develop an understanding of the problems associated with bioprospecting and the
potential it has for community development. Such activities can mobilize self-help forces
and can prompt communities to find their own solutions to problems and also to develop
regimes, instruments and institutions for regulating access to their territories, resources
and TK. Activities and seminars involving young people have been particularly
successful, for this is the group whose future depends on the resources and the associated
knowledge being conserved.
Global legal FORA4for increasing protection of Indian Traditional Knowledge
Indian TK is now available to the United States Patent and Trademark Office (USPTO)
and European Patent Office (EPO), who can access the database of TK, courtesy the Indian
Government’s permission. India’s Council of Scientific and Industrial Research (CSIR), and the
Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy developed the
TK Digital Library (TKDL), a 30-million-page searchable database of TK translated from
several languages such as Hindi, Sanskrit, Arabic, Persian, Urdu and Tamil into English,
4
FORA means a court which has jurisdiction to hold a trial of a particular lawsuit or petition.

52
Japanese, French, German and Spanish.There are several other international legal platforms and
mechanisms that currently address IP protection relating to TK, including the following:
 The UN Draft Declaration on Rights of Indigenous Peoples (UNDRIP): Article 29
of this UN Draft Declaration specifically states that people from LICs are authorized
to the recognition of the complete ownership, control and protection of their cultural
and IP. They have the special rights to control, develop and protect their sciences,
technologies and cultural expressions, including human and other genetic resources,
seeds, medicines, wisdom of the characteristics of flora and fauna, oral traditions,
literature, designs and, visual and performing arts.
 Global Guidelines: Another positive initiative is the inclusion of a set of draft
corporate guidelines for businesses that want to use native plants and TK from LICs to
make commercial drugs.
The CBD and the 2010 Nagoya Protocol establish the dominant international system for
the recognition and protection of TK. Under Article 8(j) of the CBD, parties are required to
respect and maintain knowledge held by LICs, and promote broader application of TK based on
fair and equitable benefit-sharing. TK is further recognized in Article 16 as a ‘key technology’
for effective practices of conservation and sustainable use of biodiversity, with procedural
requirements established in Article 15(4–5) for access to genetic resources, including those based
on prior informed consent and mutually agreed terms. The Nagoya Protocol, which became
effective from 2014, broadens the CBD provisions establishing a concrete system determining
access and benefit-sharing. Other relevant developments relating to TK that evolved
simultaneously to progress in the CBD leading up to the Protocol include the establishment of:
 The International Treaty on Plant Genetic Resources for Food and Agriculture
(ITPGRFA) passed by the Food and Agriculture Organization Conference in 2001,
effective from June 29, 2004. This treaty provides for protections relating to ‘farmers’
rights’ including TK and traditional breeding practices.
 The Inter-Governmental Committee (IGC) on IP and Genetic Resources, TK and
Folklore, established under the World Intellectual Property Organization (WIPO) in
2000, which provides a forum for negotiations on issues related to development of a
binding international mechanism on TK.
 The protection of TK raises several policy issues, prominently the objectives and
methods of such protection, and its impact and ramifications for intended beneficiaries.
Such issues are extremely complex, since there are broad differences about the definition
of the subject matter, the justification for protection, and the means for achieving its
purposes. The issues pertinent to TK should be addressed in a comprehensive manner,
including ethical, environmental and socio-economic concerns. Moreover, there are still
several unresolved technical issues such as the problem of collective ownership and the
modes of enforcement of rights.

53
  The conviction that TK has helped the industry generate gargantuan profits has proved to
be relentless. Of course, much of the international law governing access to genetic
resources and benefit-sharing has been woven around this idea. TK should be protected
on both human rights and utilitarian grounds, but the political strategy adopted by India
for the past two decades needs to be seriously reconsidered. In terms of legal benchmark,
this strategy has been dichotomous. The first is the access and benefit-sharing path via
the CBD and its Nagoya Protocol. The second is based on IP law and comprises:
(i) Reforms aimed to reduce misuse of genetic resources and TK, such as by
enhancing patent prior art searching, restricting the scope of the subject matter
claims in patent law to biological, biochemical and genetic issues, and necessitating
patent applicants to disclose the origin of genetic resources and TK that were useful
or essential to an invention; and
(ii) The enactment of sui generis TK protection laws, based partly on current forms
of IPRs, but with some modern features.
 TK cannot flourish when decisions affecting LICs continue to be made by urban educated
elites. We need to give up political space to allow LICs to formulate the rules of
involvement. The 2007 UNDRIP affirms territorial rights and self-determination, and
these must be essential elements of strategies, activities, laws and regulations.
 The development of any system for the protection of TK should be established on a
logical definition of the objectives sought, and on the propriety of the mechanism
selected to accomplish them. IPRs may be one of the devices to be used, but their limits
and ramifications should be clearly gauged. A balance should be struck between the
protection and promotion of the use of such knowledge. The extent to which the myriad
proposals made for the protection of TK convey the aims and cultural values of the LICs
they intend to serve should not be ambiguous. There is a risk of transferring concepts and
models unsuited to their realities to such communities, or which may prove ineffective in
solving the issues they are supposed to address. The protection of TK should not
outweigh the fact that its preservation and use require ensuring the survival and
improvement of living conditions in the ambiance and cultural setting of such LICs.
Questions:

1. Do you feel the need of protecting traditional knowledge? If yes, explain some legal
methods to protect traditional knowledge?
2. What are the different methods of protecting traditional knowledge? Explain some non-
IPR methods of protecting traditional knowledge?
3. What is patent? Can traditional knowledge be patented, explain with illustration?
4. Explain various strategies that can be used to protect traditional knowledge?

54
5. What is the global legal for a of protecting traditional knowledge? What are the recent
developments in the conservation of biodiversity in the international scenario?

55
 Unit-V
TraditionalKnowledge inDifferent Sectors
1. TraditionalKnowledge andEngineering
2. TraditionalMedicine System
3. TKandBiotechnology
4. TKinAgriculture
5. ImportanceofConservation andSustainable Development ofEnvironment,
6. ManagementofBiodiversity
7. FoodSecurity oftheCountry andProtection ofTK

Traditional Knowledge and Engineering

India has got a huge list of Engineering Marvel structures. Most of the ancient
engineering marvel can be observed in the art and architecture of temples, caves, and also in the
field of agriculture and irrigation techniques. Following are the few exceptionally stunning
engineering marvels of Indian Architecture.
1. Kailasa Temple at Ellora Caves
Kailasa Temple is part of the rock-hewn monastic cave temple complex, Ellora Caves. This is a
massive Temple structure, which is believed to have been carved out of a single rock.The
Kailasa Temple is definitely an ideal example of Reverse Engineering and it was chiselled using
the Top-down approach in construction.

2. Kailash Cave –Ellora

We can witness, there is no bigger engineering marvel in the world than the monolithic rock cut
kailash temple at Ellora. The rock has scooped out of the top down in order to create a chariot
shaped temple. We find, the pillar of corridors running around the temple does have just the
perfect load bearing weight. Both, the architects and engineers know the rock they were working

56
with. The hard granite might not have been easy to play with. I wonder if they have made any
mistakes and if they had a way to conceal them.
3. Taj Mahal Built using White Marble
Taj Mahal is stunning, 17th Century marble structure, built by the Mughal Emperor Shah Jahan
as a mausoleum for his late wife, Mumtaz Mahal. He has spent more than 30 million rupees and
employed more than 20,000 people, to build what is today a world wonder, a paradise on earth.
This is also an engineering marvel in India and this one, it is one of the Seven Wonders of the
World.
4. Seat fort at Sindudurgh
The above fort has been standing in the saline sea water for more than 400 years that is when you
know, this one is an engineering marvel. The ramparts have nearing to 75,000 kgs of iron in
them. When we, tried to think of its construction, you may be wondering as to how molten lead
might have been transported in the middle of the sea.Its hidden entrance makes it an architectural
wonder. The enemy, who is trying to attack, will be lost circling around it trying to figure out its
main gate.

5. Barabar Caves
Barabar caves near Gaya in
Bihar are the earliest known
excavated caves in India.
Their sculpting has been
inspired by the earlier wooden
structures. These are simpler
caves when compared to the
later caves such as Ajanta,
Ellora or Kanheri. However,
what is very astonishing about
these caves is their internal
polish. When you touch its
surface, it feels as if it has
been polish just yesterday and
probably using some of the sophisticated tools.

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6. Hanging pillars –Lepakshi Temple
Pillars are there to support the ceiling, but in ancient times, stone
pillar is hanging from the ceiling. More importantly, why one
should create it, if not to show your highly evolved knowledge of
engineering and architecture.
7. Iron pillar-Qutub Minar
Delhi is home to one of the oldest as well as one of the
metallurgical engineering marvels of India. The fact is that, this
iron pillar has stood in the open for more centuries, even though, it
might not be millennia and still this iron pill has not been rusted.
This one is testimony of our knowledge of metallurgy.
8. 12 Zodiac Pillars of Vidyashankara Temple-Sringeri
This one is a unique temple, it stands on 12 pillars aligned with the
movement of the sun through varied zodiac signs throughout the
year. This one is, an engineering marvel, whichever zodiac the sun
is in, the first rays of sun fall on that pillar. The zodiac signs are
duly carved on each of the pillar.

9. Whispering Gallery of Gol Gumbaj at Vijayapura

Gol Gumbaz is known for 2 engineering marvels
in India. The first is its free-standing dome, this
one is the largest such dome around the world.
This one is definitely biggest such dome in India.
The other bigger marvel of Gol Gumbaj, is that,
whispering gallery, which skirts the dome from
inside. It is wonder in acoustics, whatever you
tend to speak here; it can be heard across the
dome very clearly. Louder sounds tend to
reverberate many times across the diameter of the
dome. These sounds can also be heard outside the
dome.

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10. Vijay Stambh –Chittorgarh
Victory tower belonging to 16th CE in
stone standing tall in one of the biggest
forts in India, in a land which is known for
courage. It is not just a tower or a plain
minar, it is a tower which tells numerous
stories. It is carved both outside and inside.
You can climb the narrow stairs inside it
and reach to the top to get a bird's eye view
of the fish shaped fort.

Besides, Iron technology in India has a glorious tradition going back to the second
millennium B.C. Onecan trace almost an uninterrupted history of metallurgical excellence,
especially in ironworking right up to the British times. India produced the best iron and steel in
the ancient world some of the examples that may be mentioned are the Delhi iron pillar, the
Konark and the Dhar beams of extraordinary weight and length and the Wootz steel that was
marketed in the ancient world as Damascus steel.
As a striking example, knowledge of navigation was a key input to British colonization
and domination, and the "algorismus" and calculus imported from India, were key inputsto the
development of navigation from 16th to 18th c. CE: specifically, to the calendarreform, and
methods of calculating latitude and longitude.
Following are the pictures of some of the traditional engineering tools, utensils and monuments.

Traditional tools used in agriculture and Traditional engineering hand tools

farming

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 The Great Bath of Mohenjo-Daro Sophisticated Water Reservoir at Dholavira,
evidence for hydraulic sewage systems in
the ancient Indus Valley Civilization

Ancient India’s contribution to science and

technology

Ancient eco-friendly house

Terracotta technology: a traditional and eco-

friendly technology which has wide range of
use.

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Contribution of Ancient Indian Scientists
01. Aryabhatta
Aryabhatta was a great Indian mathematician and
astronomer who is known for his famous invention
of zero. He flourished in the Gupta era and
discussed important concepts like determination of
square and cube roots, arithmetic progression,
quadratic, linear and indeterminate equations. He
even calculated the value of pi the fourth decimal
digit 1300 years before Lambert did the same. His
contribution to the field of mathematics was so
immense that his works were translated into Arabic
and it gave rise to the Islamic Golden Age. He also
discovered the important fact that the earth rotates on its own axis leading the stars to move
westwards. He is also considered a physicist because he correctly identified that the luminosity
of the moon and other planets are due to reflected
sunlight.
02. Brahmagupta
Brahmagupta is also a famous astronomer and
mathematician who further expounded the
foundations laid by Aryabhatta. He gave the world
the extensive rules to compute with zero. He
solved many problems in mathematics and was
able to calculate the conjunctions of solar and lunar
eclipses just like Aryabhatta.

03. Chara
Charaka was a great sage in Ancient India who
was also a very qualified doctor and scientist. Charaka is considered the father of Ayurveda. He
wrote and edited the famous medical treatise the Charaka Samhita which is the foundational text
of Ayurveda. He believed and propagated the concept that prevention is better than cure on
which modern medicine is
founded. He paid attention to the
patients surrounding and
environment as well when
prescribing treatments. He also

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studied the anatomy of the human body in great detail and rightly considered the heart as the
controlling centre of the human body. He also preached what modern doctors advise us today,
that most diseases can be avoided if we practice and maintain good lifestyles.
04. Sushruta
Another great scientist
and surgeon is Sushruta
who has written the
famous Sushruta
Samhita that is from
Ancient India and has
survived all these years.
Sushruta is also called
the father of surgery as
he invented and
developed surgical
procedures. He is also the father of plastic surgery as he invented and perfected the technique of
rhinoplasty i.e. the reconstruction of the nose by using the skin from the forehead. This method
has remained constant and is still used in the same way. He also conducted successful cataract
surgeries. He had groundbreaking ideas like classifying burns into 4 degrees a practice that is
still used today, and wisely advocated the practice of mock operations on inanimate objects like
watermelons, clay pots and reeds. He realised the significance of ethics in the field of medicine
and proposed a code of ethics for medical practitioners, teachers and students as well.
05. Bhaskara
Bhaskara-I was the most important pupil of Aryabhatta’s
school and a brilliant mathematician and astronomer in his
own right. He was the first person known to have used the
Hindu decimal system, which used the shape of ‘o’ (a
circle) to denote the value of zero. He also wrote a
commentary on Aryabhatta’s work and further elaborated it.
The main contribution of his is that he used numbers is a
positional system for mathematical applications. His
contributions to the field of astronomy are well known and
his treatise Mahabhaskariya contains 8 chapters dedicated
to mathematical astronomy. He discusses topics related to
the “longitudes of the planets; association of the planets with each other and also with bright
stars; the lunar crescent; solar and lunar eclipses; and rising and setting of the planets.”

06. Varahamihira

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Varahamihira was a famous scientist in Ancient
India who lived and worked in modern day
Madhya Pradesh. This ancient Indian astronomer
and polymath composed and edited the book
called Brihat Samhita which is an encyclopaedia
encompassing various topics such as astronomy,
planetary movements, eclipses, rainfall, clouds,
architecture, growth of crops, manufacture of
perfume, matrimony and domestic relations. He
also improved upon the sine tables of Aryabhatta.
He wrote many treatises in his lifetime that have
survived through the ages and shed light on many lost works of Ancient Indian scientists who
contributed immensely to the field of astronomy, physics and mathematics. He is also the first
scientist to mention the shifting of the equinox around 50.32 arc seconds every year.
07. Bhaskara II
Bhaskara-II was a well-known
scientist who was born in modern
day Karnataka and was the leader of a
cosmic observatory in Ujjain. The
work that he did on Calculus predates
Newton’s and Leibniz by a long
time. He further extended and
developed the work of his
predecessors like Aryabhatta, and Brahmagupta. He was proficient in various fields of
mathematics including trigonometry, calculus, algebra, and arithmetic. He also accurately
calculated the time earth takes to revolve around the sun and concluded it as 365.2588 days. The
modern accepted measurement is 365.25636 days and there is a difference of 3.5 minutes only.
08. Kanada
Kanada is another great scientist of Ancient India who made
some of the best discoveries in physics. He correctly theorised
that the atom is spherical and went on to elucidate protons and
neutrons. He also derived laws of motion which are quite
similar to Newton’s laws of physics. He also built the idea of
atoms further by those atoms can combine with other
substances forming diatomic molecules or triatomic
molecules. Along with being a great scientist he also
influenced Indian philosophy and various texts mention him.
He founded the Vaisheshika school of Indian philosophy
which represents the earliest Indian Physics.

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Traditional Medicine System
Traditional medicine (also known as indigenous or folk medicine) comprises medical aspects
of traditional knowledge that developed over generations within the folk beliefs of various
societies, before the era of modern medicine.
The World Health Organization (WHO) defines traditional medicine as "the sum total of
the knowledge, skills, and practices based on the theories, beliefs, and experiences indigenous to
different cultures, whether explicable or not, used in the maintenance of health as well as in the
prevention, diagnosis, improvement or treatment of physical and mental illness".
In some Asian and African countries, up to 80% of the population relies on traditional
medicine for their primary health care needs. When adopted outside its traditional culture,
traditional medicine is often considered a form of alternative medicine. Practices known as
traditional medicines include traditional European medicine, traditional Chinese medicine,
traditional Korean medicine, traditional African medicine, Ayurveda, Siddha medicine, Unani,
ancient Iranian medicine, traditional Iranian medicine, medieval Islamic medicine, Muti, and Ifá.
Scientific disciplines that study traditional medicine include herbalism, ethnomedicine,
ethnobotany, and medical anthropology.
Ayurveda:
Ayurveda is an alternative medicine system with historical roots in the Indian
subcontinent. The theory and practice of Ayurveda is pseudoscientific. Ayurveda is heavily
practiced in India and Nepal, where around 80% of the population report using it.
Ayurveda therapies have varied and evolved over more than two millennia. Therapies
include herbal medicines, special diets, meditation, yoga, massage, laxatives, enemas, and
medical oils. Ayurvedic preparations are typically based on complex herbal compounds,
minerals, and metal substances (perhaps under the influence of early Indian alchemy or
Rasashastra). Ancient Ayurveda texts also taught surgical techniques, including rhinoplasty,
kidney stone extractions, sutures, and the extraction of foreign objects.
The main classical Ayurveda texts begin with accounts of the transmission of medical
knowledge from the gods to sages, and then to human physicians. Printed editions of the
SushrutaSamhita (Sushruta's Compendium), frame the work as the teachings of Dhanvantari,
Hindu god of Ayurveda, incarnated as King Divodāsa of Varanasi, to a group of physicians,
including Sushruta. The oldest manuscripts of the work, however, omit this frame, ascribing the
work directly to King Divodāsa. Through well-understood processes of modernization and
globalization, Ayurveda has been adapted for Western consumption, notably by Baba Hari Dass
in the 1970s and Maharishi Ayurveda in the 1980s.
Unani

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Unani or Yunani medicine is Perso-Arabic traditional medicine as practiced in Muslim culture in
South Asia and modern-day Central Asia. Unani medicine is pseudoscientific. The Indian
Medical Association describes Unani practitioners who claim to practice medicine as quacks.
The term Yūnānī means "Greek",as the Perso-Arabic system of medicine was based on the
teachings of the Greek physicians Hippocrates and Galen.
The Hellenistic origin of Unani medicine is still visible in its being based on the classical four
humours: phlegm (balgham), blood (dam), yellow bile (ṣafrā) and black bile (saudā'), but it has
also been influenced by Indian and Chinese traditional systems.
Unani medicine interacted with Indian Buddhist medicine at the time of Alaxander's invasion of
India. There was a great exchange of knowledge at that time which is visible from the similarity
of the basic conceptual frames of the two systems. The medical tradition of medieval Islam was
introduced to India by the 12th century with the establishment of the Delhi Sultanate and it took
its own course of development during the Mughal Empire.
The Central Council of Indian Medicine (CCIM), a statutory body established in 1971 under the
Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homoeopathy (AYUSH),
monitors higher education in areas of Indian medicine including Ayurveda, Unani, and other
traditional medical systems. Another subdivision of AYUSH, the Central Council for Research
in Unani Medicine (CCRUM), aids and co-ordinates scientific research in the Unani system of
medicine through a network of 22 nationwide research institutes and units.
Siddha
Siddha medicine is a traditional medicine originating in Southern India. It is one of the oldest
systems of medicine in Indiaand is dated to the times of 3rd millennium BCE Indus Valley
civilization or earlier. According to ancient literature of Siddha, it is said that the system of this
medicine originated from Hindu God Shiva who taught it to his consort Parvati. Parvati then
passed it on to Nandi and Nandi taught about it to nine Devtas.
Though the origin of this system is considered to be divine, SiddharAgasthyar is
considered as the founding father of this medical system. There are 18 prominent siddhars who
are the main contributors to this system of medicine. The original texts and treatise for siddha are
written in Tamil language.
The Concept of siddha based on three humors of human body. When the normal
equilibrium of the three humors – Vaadham, Pittham and Kapam – is disturbed, disease is
caused.According to the basic principles of Unani the body is made up of four basic elements i.e.
Earth, Air, Water, Fire which have different Temperaments i.e. Cold, Hot, Wet, Dry. They give
raise, through mixing and interaction, to new entities. The body is made up of simple and
complex organs. They obtain their nourishment from four humors namely- blood, phlegm, black
bile and yellow bile. These humors also have their specific temperament. In the healthy state of
the body there is equilibrium among the humors and the body functions in normal manner as per

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its own temperament and environment. Disease occurs whenever the balance of humors is
disturbed. The factors assumed to affect this equilibrium are environment, climatic conditions,
diet, physical activities, and stress. Under normal conditions, the ratio between Vaadham,
Pittham, and Kapam are 4:2:1, respectively.According to the Siddha medicine system, diet and
lifestyle play a major role in health and in curing diseases. This concept of the Siddha medicine
is termed as pathiyam and apathiyam, which is essentially a rule-based system with a list of "do's
and don'ts".
Practicing Siddha medicine and similar forms of rural alternative medicine in India was
banned in the Travancore-Cochin Medical Practitioners' Act of 1953, then reinforced in 2018 by
the Supreme Court of India which stated that "A number of unqualified, untrained quacks are
posing a great risk to the entire society and playing with the lives of people." The Act requires
that qualified medical practitioners be trained at a recognized institution, and be registered and
displayed on a list of valid physician practitioners, as published annually in The Gazette of India.
The Gazette list does not recognize practitioners of Siddha medicine because they are not
trained, qualified or registered as valid physicians.
In rural India, siddhars have learned methods traditionally through master-disciple
relationships to become local "healers". Siddhars are among an estimated 400,000 traditional
healers practicing medicine in India, comprising some 57% of rural medical care. Siddha
practitioners believe that five basic elements– earth, water, fire, air, sky – are in food, "humours"
of the human body, and herbal, animal or inorganic chemical compounds, such as sulfur and
mercury, used as therapies for treating diseases.
Home remedies
A home remedy (sometimes also referred to as a granny cure) is a treatment to cure a
disease or ailment that employs certain spices, herbs, vegetables, or other common items. Home
remedies may or may not have medicinal properties that treat or cure the disease or ailment in
question, as they are typically passed along by laypersons (which has been facilitated in recent
years by the Internet). Many are merely used as a result of tradition or habit or because they are
effective in inducing the placebo effect.
One of the more popular examples of a home remedy is the use of chicken soup to treat
respiratory infections such as a cold or mild flu. Other examples of home remedies include duct
tape to help with setting broken bones; duct tape or superglue to treat plantar warts; and
Kogelmogel to treat sore throat. In earlier times, mothers were entrusted with all but serious
remedies. Historic cookbooks are frequently full of remedies for dyspepsia, fevers, and female
complaints. Components of the aloe vera plant are used to treat skin disorders.Many European
liqueurs or digestifs were originally sold as medicinal remedies. In Chinese folk medicine,
medicinal congees (long-cooked rice soups with herbs), foods, and soups are part of treatment
practices.
Yoga

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 Yoga therapy is a type of therapy that draws on yoga exercises, practices, and
philosophies, to improve mental and physical health. While the practice of yoga is commonly
associated with stress-relief, yoga therapy can be helpful in the treatment of several other mental
health conditions as well. It may be recommended to you in combination with another type of
therapy. Yoga is a complementary therapy that has been used with conventional medicine to help
treat a wide range of health problems, but it does not cure any disease.
The practice of Yoga is believed to have started with the very dawn of civilization. The
science of yoga has its origin thousands of years ago, long before the first religions or belief
systems were born. In the yogic lore, Shiva is seen as the first yogi or Adiyogi, and the first Guru
or Adi Guru.
Yogic Practices for Health and Wellness:The widely practiced Yoga Sadhanas (Practices)
are: Yama, Niyama, Asana, Pranayama, Pratyahara, Dharana, Dhyana (Meditation), Samadhi
/Samyama, Bandhas & Mudras, Shat-karmas, Yukta-ahara, Yukta karma, Mantra japa,
etc.Yama's are restraints and Niyama's are observances. These are considered to be pre-requisits
for the Yoga Sadhanas (Practices). Asanas, capable of bringing about stability of body and mind
‘ kuryat-tad-asanam-sthairyam...’ , consists in adopting various body (psycho-physical) patterns,
giving ability to maintain a body position (a stable awareness of one’s structural existence) for a
considerable length and period of time as well.
Pranayama consists in developing awareness of one’s breathing followed by willful
regulation of respiration as the functional or vital basis of one’s existence. It helps in developing
awareness of one’s mind and helps to establish control over the mind. In the initial stages, this is
done by developing awareness of the ‘flow of in-breath and out-breath’ (svasa-prasvasa) through
nostrils, mouth and other body openings, its internal and external pathways and destinations.
Later, this phenomenon is modified, through regulated, controlled and monitored inhalation
(svasa) leading to the awareness of the body space/s getting filled (puraka), the space/s remaning
in a filled state (kumbhaka) and it’s getting emptied (rechaka) during regulated, controlled and
monitored exhalation (prasvasa).
Homeopathy
Homeopathy is a complementary or alternative medicine developed as traditional method
of treatment unlike the modern medical science. This means that homeopathy is different from
treatments that are part of conventional Western medicine in important ways. It's based on a
series of ideas developed in the 1790s by a German doctor called Samuel Hahnemann.
Homeopathy is a medical system based on the belief that the body can cure itself. Those
who practice it use tiny amounts of natural substances, like plants and minerals. They believe
these stimulate the healing process. It was developed in the late 1700s in Germany.
A basic belief behind homeopathy is “like cures like.” In other words, something that
brings on symptoms in a healthy person can -- in a very small dose -- treat an illness with similar
symptoms. This is meant to trigger the body’s natural defences.

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 For example, red onion makes your eyes water. That’s why it’s used in homeopathic
remedies for allergies. Treatments for other ailments are made from poison ivy, white arsenic,
crushed whole bees, and an herb called Arnica.

Homeopathic doctors (who also are called “homeopaths”) weaken these ingredients by
adding water or alcohol. Then they shake the mixture as part of a process called “potentization.”
They believe this step transfers the healing essence. Homeopaths also believe that the lower the
dose, the more powerful the medicine. In fact, many of these remedies no longer contain any
molecules of the original substance. They come in a variety of forms, like sugar pellets, liquid
drops, creams, gels, and tablets.

During your appointment, a homeopath will ask a number of questions about your
mental, emotional, and physical health. They’ll prescribe the remedy that best matches all of
your symptoms. Then they’ll tailor the treatment for you.

TK and Biotechnology
Humanity always depended and still depends on the variety of animal and plants: grain
and other plant raw material have been essential assets of economies for millennia. However,
new biotechnologies and accomplishments in robotics brought about profound changes in the
agricultural and pharmaceutical industries in recent decades and new insight into the use of plant
and animal genetic resources. Whereas breeding new types of crops traditionally relied on
traditional varieties and their wild relatives and on traditional breeding methods, biotechnology
provides an opportunity to introduce qualities such as high tolerance for draught or extreme
temperatures or anti-fungal and anti-viral resistance from unrelated species into agricultural
crops. Moreover, these results can be achieved in a much shorter time than was the case with
traditional breeding methods.

In pharmaceutics, robotics increases the efficiency of screening methods, allowing for

tests of smaller samples in a much shorter time and at lower cost. This makes research for natural
compounds technically easier, more cost efficient, and less time consuming. This evolution
brought about a new insight into use of biological resources and consequently increased interest
in biogenetic and biochemical information existing in wild or domesticated species of plants,
animals, or in microbes. Industry is investing large sums to create new products based on these
resources, mainly in the sectors of plant breeding, pharmaceutical innovation, and industrial use.

Traditional Biotechnology

Traditional biotechnology refers to the traditional techniques of using living organisms to

yield new products or modify foods or other useful products for human use. Without the
traditional biotech, there won’t be modern biotechnology. The early examples of biotechnology
include breeding animals and crops to make cheese/yoghurt, bread, beer and wine. Some
traditional techniques such as selective breeding, hybridization and mutagenesis, are used in
current applications of biotechnology.  Other technologies include fermentation, selective

68
breeding, food processing, tissue culture and more. The diversity of microorganisms and
development of genetics expanded the potential of traditional biotechnology, and ultimately led
to the development of modern biotechnology.

Modern Biotechnology

Modern biotechnology involves the use of GE techniques, such as recombinant DNA,

functional and structural genomics, DNA diagnostic probes, and other methods for genetic
modification. The development of recombinant DNA technology has marked the beginning of
so-called modern biotechnology. Modern biotech has contributed significantly to enhancing our
knowledge of biological systems. Modern biotechnology techniques are currently being used in
many areas such as food, agriculture, forestry, healthcare, environment, minerals, and industrial
processes to develop new products and processes. One of the most extensive applications
of modern biotech is in agriculture. Recombinant DNA techniques and mutagenesis are used to
develop plants with novel traits. Biotech diagnostics have been used to detect a wide variety of
diseases and genetic conditions.

In a nutshell, biotechnology encompasses both traditional biotechnology and modern

biotechnology. But without the traditional biotech, there won’t be modern biotech. Traditional
biotech involves use of natural organisms to create or modify food or other useful products for
human use, while modern biotech involves manipulation of genes and living tissues in a
controlled environment to generate new tissue. Modern biotechnology is applied in medicine and
healthcare in therapeutics, mainly for the discovery, development and production of novel drugs,
and in preventives for the development recombinant vaccines.

Traditional Biotechnology Modern Biotechnology

 It refers to the traditional technique of  The diversity of microorganisms and

using living organisms to yield new
products or modify foods or other useful
products for human use.
 Examples of early biotechnology include
recombinant DNA techniques, tissue
culture and mutagenesis.
 Breeding animal and crops to make
cheese, yoghurt, bread beer and wine.
Microorganisms are used to produce
various products such as enzymes for use
in laundry detergents.
 It involves use of natural organisms to
create or modify food or other useful
products for human use.
development of genetics expanded the
potential of traditional biotech and
ultimately led to the development of
modern biotechnology.
 Examples of modern biotechnology
include DNA profiling, genome analysis,
transgenesis, DNA cloning, tissue
engineering, etc.
 Modern biotechnology techniques are
used in many areas such as food,
agriculture, forestry, healthcare,
environment minerals and industrial
processes.
 It involves manipulation of genes and

69
 living tissues in a controlled environment.

TK in Agriculture
The agricultural practices of indigenous people perfected over a period of time is termed
as traditional ecological knowledge. Most of the farmers have been using this knowledge for
making their agricultural production more yielding. Depletion of natural resource base due to
deforestation, over grazing, desertification, excessive agricultural intensification, over fishing
and agriculture on marginal lands leads to decline in agricultural production potential leading to
decrease in the sustaining / carrying capacity of agriculture. Natural resources (soil, water,
nutrients) have boundaries and improved management is needed to reverse the degradation of
this resource base and develop agricultural production systems that sustain our ecosystem.
Unfortunately, the intensive andmodern agriculture practices resulted in depletion of
nutritional status of soils, erosion of biodiversity, natural habitats, forests and water resources.
Indiscriminate use of chemical pesticides and fertilizers affected the agroecosystems, caused
pollution of soil and water resulting in human and animal health hazards and contributed
significantly to destabilize the traditional systems of agriculture. Whereas on the other hand,
when the farmers practiced traditional integrated crop management, integrated nutrient
management, organic and non-pesticidal agriculture management was observed as a sustainable
practice of agriculture. The traditional practices especially regarding water management, nutrient
management and pest management have been classical examples of non-exploitative and non-
polluting methods of natural resources leading to sustainable agriculture.
Within farming systems, TK embraces people's knowledge of tools and techniques for the
assessment, acquisition, transformation, and utilization of resources that are specific to a
particular location. TK can encompass:
 Vernacular: technical knowledge held by all or most individuals in a specific locality,
e.g., knowledge of crop rotation, or pest and weed control;
 Specialized: the technical knowledge of certain skilled 'resource persons', e.g., medicine,
charcoal-making, black smithery and varietal testing;
 Controlled: knowledge held by dominant groups in society, such as the specialized
knowledge referred to above, or skills in animal breeding, hunting or water divining;
 Social: knowledge belonging to the group (clan, caste or tribe) or community, e.g.,
grazing rights, fishing controls and tenure regulations.
Characteristics of traditional agriculture include:
 Extensive use of local or indigenous knowledge, spiritual, and superstitious beliefs in
making agricultural decisions
 Heavy use of primitive or low-tech tools such as the axe, hoe, and stick
 Utilizing methods such as Slash & Burn and Shifting Cultivation

70
  Use of cattle raisin to create fallow land
 Absence of accountability or responsibility to the environment
 Lacks surplus production - only just enough is made for the farmer and their family. This
is also known as subsistence farming
Traditional Farming Methods
 Agroforestry
Agroforestry is one of the oldest farming methods. Agroforestry involves the deliberate planting
and maintaining of trees on the same plot of land as agricultural crops. This leads to the
development of a unique microclimate, while also protecting the crops below. Agroforestry is
successful at controlling variables such as temperature, and exposure of sunlight, wind and rain. 
Thanks to agroforestry, food, timber, firewood, and staple food crops are able to all be grown
and harvested on the same land. Additional benefits include extra income for farmers, improving
the soil structure and quality, reducing soil erosion, sequestering carbon, and more.
In addition to the environmental benefits, agroforestry also carries strong social and economic
benefits to local communities where it is carried out - for example in parts of Europe, the USA,
and African countries.
 Crop rotation
Crop rotation is the practice of growing different crops on the same land based on the season. It
helps preserve the soil productivity, reduce pests, minimize use of chemicals, maximize yields,
and reduce reliance on one set of nutrients. The goal of crop rotation is to ensure positive
interrelationships between cycling crops that will work together to build up soil health and
fertility, and control soil erosion due to persistent root systems in the ground.
 Intercropping
Sowing more than two crops at the same time is also known as intercropping, or mixed cropping.
Usually, intercropping is a great way of maximizing use of resources, and increasing yields and
diversity of harvest on a single plot of land. There are several different types of intercropping.
It is important to note that intercropping is different compared to crop rotation. In crop rotation,
different crops are grown at different times, like a relay race handing over the growth baton to
each other. However, in intercropping, the whole range of crops are all planted together at the
same time.
Intercropping creates biodiversity, which in turn improves pest management. It also helps in
fumigating the soil by increasing soil organic matter and restrain weed growth. Hence
Intercropping is a local approach that is based on traditional practices which is popular even
today.
 Poly culture

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Poly culture is a system to grow many plants of different species in the same area. It increases
plant biodiversity and promotes a diverse diet among local communities. The various types of
poly culture are cover cropping, permaculture and integrated aquaculture.
The main advantage of poly culture is its ability to control weeds, pests and diseases without the
use of chemicals. The opposite of monoculture is poly culture. It helps in reducing soil erosion
and increases stable yields. It improves the quality of soil. Hence poly culture being the
traditional method is still popular today across the world as it provides health and environmental
benefits.
 Waterharvesting
Water harvesting is one of the oldest methods around for irrigation, but also for capturing water
for personal use.  Usually, rainwater is collected from a roof and used on agricultural crops or
stored for later personal or further agricultural use. During monsoon season, the water is
collected from streams or a river which is later used by farmers in times of drought or limited
rainfall. Water harvesting reduces demands on wells, and provides potable water. It is used in
livestock, watering gardens and other domestic uses. It can also be used in schools, hospitals
which are financed by companies or government organizations. Plus, it saves money, as it
doesn’t have a high costing methodology.
Importance of Conservation and Sustainable Development of Environment
Human existence is quite impossible without the presence of a healthy ecosystem. Our
environment comprises all living and non-living components and their interactions within a natural
habitat. Environmental conservation has become one of the core issues that need to be addressed to
battle climate change and global warming. Sustainable development is the need of the hour that can
save the mother earth from the repercussions of industrialization.
Environmental conservation is a practice that paves the way for protecting the environment and
natural resources on the individual, organisational as well as governmental levels.There are various
core environmental issues that are taking a heavy toll on human lives. Ranging from overpopulation,
hydrological issues, ozone depletion, global warming to deforestation, desertification and pollution, all
these issues pose a severe threat to the existence of humankind. Unless environmental conservation is
becoming an effective mass movement, it is futile to expect positive growth especially in the age of
digital media which holds the potential to bring a revolution to save our planet from destruction.

Importance of Environmental Conservation

It has become inherently important to work towards environmental conservation in
contemporary times. The following pointers elucidate this crucial need to save the environment
from further degradation:
 To reduce air, water and land pollution
 To facilitate the conservation of natural resources for our future generations
 To ensure the protection of biodiversity

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  To implement sustainable development
 To restore the ecological balance
 To save our planet from harmful repercussions of global warming
Forest Conservation: We know that plants and trees are the essential sources of air, food as well
as other day-to-day products we use. Forests are the dwelling place of different living creatures
and a single disturbance in the ecosystem can cause disruption in the water cycle as well as the
food chain. Thus, afforestation is amongst the core Environmental conservation and aims to plant
more trees as well as save the existing ones from cutting down as trees play a crucial role in
maintaining the ecological balance. 
Soil Conservation: As one of the prominent methods for environmental conservation, the need for
soil conservation has arisen to tackle the harmful effects of soil pollution. On earth, the soil is
the main element that plays a pivotal role in soil erosion, land degradation and floods. Soil is
filled with rich nutrients for plant production. Soil conservation can be carried out by ensuring
minimal use of fertilizers and venomous chemicals as well as abolishing the disposal of harmful
industrial waste in the soil. 
Waste Management: Especially in developing countries and congested places, on a daily basis, a
large amount of waste is thrown away recklessly on the streets and roads. The improper disposal
of waste segregation can lead to various dreadful diseases as well as soil pollution.
Sustainable Development?
Sustainable development is the practice of developing land and construction projects in a
manner that reduces their impact on the environment by allowing them to create energy efficient
models of self-sufficiency. This can take the form of installing solar panels or wind generators on
factory sites, using geothermal heating techniques or even participating in cap-and-trade
agreements. The biggest criticism of sustainable development is that it does not do enough
to conserve the environment in the present and is based on the belief that the harm done in one
area of the world can be counter balanced by creating environmental protections in the other.

Ways of Conserving the Environment and sustainable development

Here are some ways of conserving the environment:
1. Deforestation must be stopped
2. Natural non-renewable resources must be utilized properly
3. Every year, we lose a huge number of forest life due to forest fire. We must find a
solution to this.
4. Afforestation is the best way to conserve the environment
5. Create public awareness
6. Control pollution and population
7. Recycle goods

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 8. Adopt an environment-friendly lifestyle
9. Adopt waste management techniques
10. Species on the verge of extension should be saved.
Management of Biodiversity
Biodiversity is all the different kinds of life you’ll find in one area—the variety of
animals, plants, fungi, and even microorganisms like bacteria that make up our natural world.
Each of these species and organisms work together in ecosystems, like an intricate web, to
maintain balance and support life. Biodiversity supports everything in nature that we need to
survive: food, clean water, medicine, and shelter.
Why Is Biodiversity Important?
Biodiversity is important to most aspects of our lives. We value biodiversity for many
reasons, some utilitarian, some intrinsic. This means we value biodiversity both for what it
provides to humans, and for the value it has in its own right. Utilitarian values include the many
basic needs humans obtain from biodiversity such as food, fuel, shelter, and medicine. Further,
ecosystems provide crucial services such as pollination, seed dispersal, climate regulation, water
purification, nutrient cycling, and control of agricultural pests. Biodiversity also holds value for
potential benefits not yet recognized, such as new medicines and other possible unknown
services. Biodiversity has cultural value to humans as well, for spiritual or religious reasons for
instance. The intrinsic value of biodiversity refers to its inherent worth, which is independent of
its value to anyone or anything else. This is more of a philosophical concept, which can be
thought of as the inalienable right to exist. Finally, the value of biodiversity can also be
understood through the lens of the relationships we form and strive for with each other and the
rest of nature. We may value biodiversity because of how it shapes who we are, our relationships
to each other, and social norms. These relational values are part of peoples’ individual or
collective sense of wellbeing, responsibility for, and connection with the environment. The
different values placed on biodiversity are important because they can influence the conservation
decisions people make every day.
How to Manage or conserve Biodiversity:
It can be conserved in the following ways:

 In-situ Conservation
 Ex-situ Conservation

In-situ Conservation
In-situ conservation of biodiversity is the conservation of species within their natural habitat. In
this method, the natural ecosystem is maintained and protected.
The in-situ conservation has several advantages. Following are the important advantages of in-
situ conservation:

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 1. It is a cost-effective and convenient method of conserving biodiversity.
2. A large number of living organisms can be conserved simultaneously.
3. Since the organisms are in a natural ecosystem, they can evolve better and can easily
adjust to different environmental conditions.

Certain protected areas where in-situ conservation takes place include national parks, wildlife
sanctuaries and biosphere reserves.
National Parks: These are small reserves maintained by the government. Its boundaries are well
demarcated and human activities such as grazing, forestry, habitat and cultivation are
prohibited. For eg., Kanha National Park, and Bandipur National Park.
Wildlife Sanctuaries: These are the regions where only wild animals are found. Human
activities such as timber harvesting, cultivation, collection of woods and other forest products
are allowed here as long as they do not interfere with the conservation project. Also, tourists
visit these places for recreation.
Biosphere Reserves: Biosphere reserves are multi-purpose protected areas where the wildlife,
traditional lifestyle of the inhabitants and domesticated plants and animals are protected.
Tourist and research activities are permitted here.

Ex-situ Conservation
Ex-situ conservation of biodiversity involves the breeding and maintenance of endangered
species in artificial ecosystems such as zoos, nurseries, botanical gardens, gene banks, etc. There
is less competition for food, water and space among the organisms.
Ex-situ conservation has the following advantages:

1. The animals are provided with a longer time and breeding activity.
2. The species bred in captivity can be reintroduced in the wild.
3. Genetic techniques can be used for the preservation of endangered species.

Food Security of the Country and Protection of TK

TK plays an important role in resource management which includes agricultural and
environmental manipulation. Now a days it has been largely focused on indigenous peoples and
their rights, broadening the scope to agriculture, food security, renders TK an issue of interest to
farming communities around the globe. Modern biotechnology in breeding of plant genetic
resources may be complemented by deliberate policies to support the use and conservation of
traditional plant genetic resources. TK is associated with “niche” rather than with “mass”
production. It therefore fosters diversity and contributes to the preservation of natural resources.
Appropriate policies should serve the purposes of both supporting niche products, and by doing
so, also of supporting biological diversity and thus food security. As scientific breeding tends to
limit resources and crops available, the protection of TK in the field of agricultural plant genetic
resources offers the potential of appropriate flanking policies.

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 Agricultural extension and research would need to accept the need TK‟s for innovative
capacity and farming activities with modern scientific knowledge to help increase the
effectiveness of TK-based farming and food production systems for the food security of the
developing countries. However, the value of this material (e.g. farmers‟ varieties and land races,
local water capture methods, companion planting practices and use of these in the modern food
system) may well be completely undercut by the expansion of industrialized approaches to
farming and developments in biotechnology.
The introduction of patent system in agriculture raises many controversial issues. The
objection against the patent is that if the patents are allowed to stand then the indigenous
populations around the world will be excluded from freely using many of the natural resources
that have been carefully developed and nurtured by them for over hundreds of years. „Patenting
seed‟ is one of the controversial issues in the field of agriculture and food security. As we know
seed is firstly linked with food and food crisis has its roots in changes in the seed supply system,
and the erosion of seed diversity and seed sovereignty. This seed sovereignty includes the
farmer’s rights to save, breed and exchange seeds, to have access to diverse open-source seeds
which can be saved and which are not patented, genetically modified, owned or controlled by
emerging seed giants.
The patent protection for seed is difficult for developing countries as the livelihood of the
farmers will be at stake and also fatal to them. It is because the price of patented seed will
increase and the farmers could never use that seed for agriculture purpose. As a result, the natural
base of the food system is likely to be superseded and the issue of food security will become
more complicated.
Another critical issue is genetically modified (GM) seed. The integration and
corresponding impacts pose danger to individuals and environment. There is increasing evidence
from the UN and WHO that a strong causation exists between the adoption of GM seeds and
environmental degradation, including deforestation. Most research shows a decrease in
biodiversity with the introduction of GMOs. This means using GM seeds may actually make
agricultural conditions worse than they are presently, not to mention the added threat to the
health of humans, insects, and animals. The genetically modified (GM) crop which is inefficient
at helping farmers or improving food security in the developing world as high economic costs
associated with using industrial agricultural methods. Effectiveness of GM seeds to increase crop
yield has been repeatedly refuted, along with the economic feasibility of their use.
Questions:
1. Explain how traditional knowledge is related to engineering? Illustrate contribution of
Indian ancient scientists to the field of engineering.
2. What is traditional medicine? Explain the various forms of traditional medicine exists in
India.
3. What do you mean by traditional biotechnology? How it is different from modern
biotechnology?

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4. Highlight some useful method of traditional agriculture and explain how it helps in
maintaining ecological balance?
5. What is environmental conservation? Explain the importance of environment
conservation?
6. What is sustainable development? How to ensure sustainable development through the
use of traditional knowledge?
7. What is biodiversity? Explain the significance of preserving biodiversity?
8. What are the various methods of conservation of biodiversity?
9. Can traditional knowledge be used to ensure food security? Explain your viewpoint.

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