PROTECTION of

TRADITIONAL
KNOWLEDGE
Presented by,
Syed Abdulla Furkhan (1RV18CV113)
Nithin T (1RV18CV072)
Table of Content
• Introduction
• Characteristics
• Examples
• Need for Protection
• Abuses of Traditional Knowledge
• Objective of Protection of Traditional
Knowledge
• Ways of Protection of Traditional Knowledge
• Protection of Traditional Knowledge in India
• Case Studies
WHAT IS TRADITIONAL
KNOWLEDGE? TRADITIONAL
• A part of culture which
descended from
generation to
generation

 The knowledge, know-how, skills,

practices developed, sustained and
passed on in a community. • Facts, information,
and skills acquired
through experience
 The knowledge is passed down from KNOWLEDGE or education; the
theoretical or
generation to generation. practical
understanding of a
subject.
 These form a cultural or spiritual
identity in the community.
 Hence these are exclusive to local
environments.
 Some forms of traditional knowledge
find expression in culture, stories,
legends, folklore, rituals, songs, and
laws.
Traditional Knowledge
characteristics
Adaptive

Holistic

Intergenerational

Moral

Unique

Spiritual
Examples of Traditional knowledge
Plao-noi in Thai land

Hoodia Cactus in South Africa

Turmeric in India

Traditional water systems like aflaj in Oman

and Yemen, and the qanat in Iran
 Need to protect traditional knowledge
Other IPRS Do not meet
the conditions required for
grant of patents or other
IPRS

Conventional forms of IPRS

are inadequate

Developed over several

generations
Abuses of traditional knowledge
Publishing Unlicensed
research and
without unauthorized
recognition commercializ
or reward ation

Using,
reproducing
Disclosing
or copying
secret
indigenous
knowledge
names,
and cultural
images and
property
arts without
permission
Objectives of protection of
Traditional Knowledge

Legal and
Institutional
framework Documentation,
Use, and
Dissemination

Preservation, Conservation
Protection, and and Sustainable
Development use of biological
diversity and
equitable
sharing of
accrued benefits
Ways of Protection of Traditional
Knowledge

Enacting laws

Positive Rules and Prevent

acquisition of Defensive
Protection regulations
intellectual Mechanism
property rights

Access and
benefit sharing
provisions,
royalties
 Protection of Traditional Knowledge
in India
• The Act aims at the conservation of biological diversity, sustainable
Biological use of its components and fair and equitable sharing of the
Diversity benefits that arise from the use of biological resources.
Act 2002

• The digital library comprises of voluminous documents and work of

Traditional
Knowledge
Indian traditional knowledge.
Digital Library

• Section 31A provides for protection of unpublished Indian work

Copyright Act,
1957

• Section 25 and Section 64, gives one of the grounds for revocation
of a patent application on the basis of traditional knowledge.
Patents Act
 Turmeric Patent Case Study
• In 1995, the United States awarded
patent on turmeric to University of
Mississippi medical center for wound
healing property.
• The Indian Council for Scientific and
Industrial Research (CSIR) had
objected to the patent granted and
provided documented evidences of
the prior art to USPTO.
• Due to extensive researches, 32
references were located in different
languages namely Sanskrit, Urdu
and Hindi.
• Therefore, the USPTO revoked the
patent, stating that the claims made
in the patent were obvious and
anticipated, and agreeing that the
use of turmeric was an old art of
healing wounds.
Neem Patent Case Study
• The patent for Neem was first filed
by W.R. Grace and the Department
of Agriculture, USA in European
Patent Office.
• A legal opposition has been filed by
India against the grant of the patent.
• Neem twigs are used as antiseptic
tooth brushes since time
immemorial.
• The opponents' submitted evidence
of ancient Indian ayurvedic texts
that have described the hydrophobic
extracts of neem seeds.
• The EPO identified the lack of
novelty, inventive step and possibly
form a relevant prior art and revoked
the patent
Jamun, Brinjal and Karela Case
Study • The use of 'karela', 'jamun' and brinjal
for control of diabetes is common
knowledge and everyday practice in
India.
• The American patent was granted on
an edible composition comprising a
mixture of at least two herbs selected
from the group consisting of jamun,
bitter gourd or bitter melon (Karela),
and eggplant (brinjal).
• The patent was challenged on the
ground of prior art.
• However, Article 102 of the U.S. Patent
Law, which defines prior art, does not
recognise technologies and methods in
use in other countries as prior art.
 DARJEELING TEA- Case Study
• ‘Darjeeling’ tea is a premium quality tea
produced in the hilly regions of the
Darjeeling district West Bengal
• The history of Darjeeling tea dates back to
the 1840’s, when India was a British colony.
Before the arrival of the British, the forests
of the region were known as Darjeeling
today was inhabited by the Lepcha tribes
• An adequate legal protection is necessary • The European Trade Council and the
for the protection of legitimate right holders
German Tea Association have agreed
of Darjeeling tea from the dishonest
business practices of various commercial to confer the protected geographical
entities. For instance, tea produced in indication (PGI) status on Darjeeling
countries like Kenya, Sri Lanka or even tea, the first commodity from India to
Nepal has often been passed off around the get such a tag. This implies that the
world as ‘Darjeeling tea’. Appropriate legal brew produced only in Darjeeling can
protection of this geographical indicator be sold as Darjeeling tea in the
can go a long way in preventing such European Union.
misuse.
Thank You