1. 1
Traditional Knowledge: Changing Scenario in
India
Manjappa
I Ph D
Dept. of Genetics and
Plant breeding

2. Traditional Knowledge (TK)
 Traditional Knowledge (TK), indigenous knowledge
(IK), and local knowledge: matured long-standing
traditions and practices of certain regional, indigenous or
local communities.
 TK encompasses the wisdom, knowledge and teachings
of these communities.
 TK has been orally passed for generations from person
to persons. Some forms of TK are expressed through
stories, legends, folklore, rituals, songs and even laws.
Other forms of TK are often expressed through different2

3. Cont…
 “TK” is not recognized as “knowledge” by all who
study it since it includes beliefs, values and
practices.
 Such knowledge typically distinguishes one
community from another
3

4. TK Vs local knowledge
 Cosmological connections and differences in
worldview distinguish “TK” from “local knowledge”
 length of time they have existed decades to
centuries (local knowledge) versus millennia (TK)
 TK reflect power struggles and relationships for
land, resources and social control than
adherence to a claimed ancestry or heritage
4

5. Cont…
 TK is essentially culturally oriented or culturally
based, and it is integral to the cultural identity of the
social group in which it operates and is preserved.
 TK- tradition-based literary, artistic or scientific works;
performances; inventions; scientific discoveries; designs;
marks, names and symbols; undisclosed information; and
all other tradition-based innovations and creations
resulting from intellectual activity
 WIPO: TK includes indigenous knowledge relating to
categories such as agricultural knowledge, medicinal
knowledge, biodiversity-related knowledge, and
expressions of folklore in the form of
music, dance, song, handicraft, designs, stories and
artwork
5

6. Cont…
 TK is transfer over generations
 Constantly evolving in response to a changing
environment
 TK may not be formally documented
 In recent years concern has been expressed in
relation to the recognition of TK as prior art
 Prior art- entire body of knowledge which is
available to the public before the filing date of an
application for certain industrial property titles,
principally patents, utility models and industrial
designs.
6

7. Cont…
 TK is cornerstone for the substantive examination of
applications of patents, novelty and inventive step are
established by comparing the claimed subject matter with
the relevant prior art.
 Eg: US granted patents on Use of Turmeric in Wound
Healing (Suman K Das and Hari Har P. Cohly) and
Fungicide activity from Neem seeds
 Revoked due to lack of Novelty and inventive step
7

8. Story of Aarogyapaacha
( Trichopus zeylanicus ssp.
travancoricus)
 Tropical forests of the
Agasthyamalai hills of the Western
Ghats, Kerala, nomadic Kani
tribe, live with a population of
almost 25,000
 In Dec 1987, Dr. Palpu
Pushpangadan, director TBGRI
Kerala, was leading AICRP on
Ethnobiology; ethnobotanical
expedition to the Western Ghats
with kani guide
 Kani have a rich tradition of using
wild plants found in the region for
health reasons and have their
tribal physicians – known as Plathi
(only have the right to transfer and
disseminate their traditional
8

9.  Because of pressure kani
revealed the name Arigyapaacha
 TBGRI isolated 12 active
compounds - mfd Jeevani
 Jeevani- anti-stress and
immune-stimulating
properties, boosts
stamina, relieves fatigue, helps
control tumors
 This project is a model for
bringing beneficial traditional
medicinal plants to the world
market
9

10. Cont…
 TBGRI decided to make a patent application in 1994
 1995: License was given to Arya Vaidya Pharmacy
Ltd., Coimbatore ( US$50,000 licensing fee for 7
years)
 Dept of Forest: Large scale cultivation may disturb
the forest, so harvest only leaf and sell to TBGRI
 Kani people secured employment and training in
cultivation and harvesting, which provided them with
stable income and new skills
10

11. Kerala Kani Samudaya Kshema Trust (Nov
1997)
 Objectives
1. To promote welfare and development activities for Kani
people in Kerala
2. To prepare a biodiversity register to document the TK
base of the Kani people
3. To promote sustainable use and conservation of
biological resources.
 Received first payment of US$ 12,500 in
1999; installing a telephone booth and creating an
insurance scheme that would provide coverage for
pregnant women and accidental deaths.
 The benefit sharing agreement between TBGRI and the
Kani people has been acclaimed as a model for similar
agreements around the world.
 In 2002, TBGRI received the United Nations Equator
Prize for its work in fostering the creation of the
agreement11

12. Cont…
 2006: TBGRI invited the Kani tribe to form a Business
Management Committee to decide on increase in license
and royalty payments.
 Since Jeevani garnered worldwide attention, due to high
patenting costs TBGRI has yet to secure IP protection for
it outside of India as of 2010.
 1999: Nutrisciences Innovations LLC (Nutrisciences), a
New York based herbal medicine company, applied to
register a TM with the United States Patent and
Trademark Office (USPTO) for the Jeevani name. (TM
was abandoned)
 2000: Great Earth Inc. (Great Earth), New York based
supplement and vitamin company registered TM “Jeevani
Jolt 1000”, very famous in N-America as Jeevani. (TBGRI
did’t reristered TM with USPTO)
 Theme: Recognizing the rights of TK holders can make a12

13. Mechanisms of Genetic conservation by tribal
communities
 Various scented rices which have medicinal property are
indigenous to India. They carry some functional genes
which are maintained in their native habitat under
traditional practices evolved by farmers over long time
13

14. Cont…
 Due range of maturity of these varieties tribal's of
Orissa choose according to monsoon
 Community gathering during festival helps in
mutual exchange of seeds of landraces ensures a
continuum of conservation
14

15. Need for sharpening of IK by SK
 Optimize and mobilize the potential of IK in
habitat undergoing dynamic changes
 Eg: Reducing seed rate and increase yield of rice
15

16. Utility of Genetic wealth
 IGW is the function of habitat and community tradition of
conserving them; it is a repository of conserving rare
genes governing traits with site-specific expression
16

17. Contribution of tribal knowledge to the
development of Indian Systems of Medicine
(ISM).
 The ancient literature of India records that old
communities have been using several kinds of
medicinal plants for combating disease
 The ancient Indians used the 'Snake root plant'
(Rauwolfia serpentina) about 3000 years ago to treat
several diseases from mental disorders to 'insomnia'
and 'snake bite'. They also used the poppy juice
(Papavar somniferum) to relieve pain and anxiety.
 Several of the medicinal plants which were being
used by the tribal people of India for centuries, have
found wide acceptance and application in other
systems of Indian medicine e.g. Ayurveda, Siddha &
Unani, and even in modern medicine
 Doctors are being trained in Ayurveda, Siddha and
Unani are part of the formal system.17

18. 18

19. 19

20. Protection of TK
 Reasons for protection
 Unauthorized use by third parties
 Tool to preserve TK from uses that may erode it
or negatively affect the life or culture of the
communities that have developed and applied it
1. equity considerations
2. conservation concerns
3. the preservation of traditional practices and
culture
4. the prevention of appropriation by unauthorized
parties of components of TK and
5. promotion of its use and its importance in
development20

21. Cont…
1. Equity considerations :The value of plant
genetic resources is preserved and enhanced
by their utilization for planting, seed production
and continuous selection of the best adapted
farmers’ varieties
2. Conservation: conservation of the
environment, sustainable agriculture and
food security
21

22. Need to document?
Absolutely yes…
 The modern cultural industries & manufacturing
industries now commercially exploit the TK based
products using new technology without the
permission and sharing of profits with the
communities
 TK has the potential of being translated into
commercial benefits by providing leads/ clues for
development of useful practices and processes for
the benefits of mankind
 TK save time, money and investment of modern
biotech and other industries into any research and
product development
22

23. The current IPR system cannot protect TK for
three reasons
1. The current system seeks to privatize ownership
and is designed to be held by individuals or
corporations
2. This protection is time-bound
3. It adopts a restricted interpretation of invention
which should satisfy the criteria of novelty and be
capable of industrial application
23

24. 24

25. Convention on Biological Diversity
(CBD)
 The CBD is the first international agreement
acknowledging the role and contribution of indigenous
and local communities in the conservation and
sustainable use of biodiversity.
 Each country has law to respect, preserve and
maintain knowledge, innovations and practices of
indigenous and local communities embodying
traditional lifestyles relevant for the conservation and
sustainable use of biological diversity
 Promote their wider application with the approval and
involvement of the holders of such
knowledge, innovations and practices and encourage
the equitable sharing of the benefits arising from the
utilization of such knowledge, innovations and
practices.25

26. Cont…
 Under the CBD, States are recognized as the
owners of the natural biological resources in their
territories
 States have a responsibility under the CBD to
facilitate access to, and benefit sharing arising from
the use of biological resources and to subject all
access to prior informed consent according to
mutually agreed terms.
26

27. Cont…
 The International undertaking on PGR for Food and
Agriculture was the first comprehensive international
agreement dealing with plant genetic resources for food
and
agriculture
 Promote or support farmers and local communities efforts
to manage and conserve on-farm their plant genetic
resources for food and agriculture
 To take measures to protect and promote farmers rights
including protection of TK relevant to plant genetic
resources for food and agriculture as well as the right to
share in the benefits and participate in decision making.
27

28.  TRIPS Agreement also has some provisions having
limited application to the protection of TK (along with
GI)
 The WTO Council for TRIPS is currently revising
Article 27.3 (b) of the TRIPS Agreement, which deals
with the patentability of TK
 Convention 169 of the International Labour
Organization recognizes and protects the
social, cultural, religious and spiritual values and
practices of indigenous and tribal peoples
28

29. Attempts at Protection of TK in India
 As per new amendment of patent; mandatory
disclosure of source and geographical origin of the
biological material used in the invention while
applying for patents
 This law include anticipation of invention by available
local knowledge, including oral knowledge
 Exclude innovations which are basically TK or
aggregation or duplication of known properties of
traditionally known component or components from
being patented.
 Prior approval of NBA would be required for applying
for any form of IPR within or outside India for an
invention based on research or information on
biological resource obtained from India.
29

30. Cont…
 The protection provided to a plant variety bred by a
breeder can be cancelled if there is an omission or
wrongful disclosure of such information. The
Geographical Indication of Goods (Registration and
Protection) Act, 1999
 Various suggestions:
1. Documentation of TK
2. Registration and innovations patent System
3. development of a sui generis system
30

31. Documentation
31
 Preparation of village-wise Community Biodiversity
Registers (CBRS) for documenting all
knowledge, innovations and practices has been
undertaken in a few States (Kerala, Karnataka etc.)
 Strong NGO initiatives
 Sristi, the Society for Research and Initiatives for
Sustainable Technologies and Institutions –
Ahmedabad; innovation relating to farming
 Beej Bachao Aandolan in collaboration with the
villagers of Jardhar of the Terhi Garhwal district of
Uttar Pradesh, initiated an exercise in 1995 to
document the various bio-resources used by the
community and conservation practices

32. Gene Campaign; conserve TK by its field projects which
include
32
i. Collection of local medicinal flora and establishing
a herbal garden in Jharkhand
ii. Establishment of a medicinal plant project in
Jhabua, M.P.
iii. Developing a Genetic Diversity Centre in
Kishanpuri, M.P.
iv. Collection of landraces and traditional varieties
of rice, millets and pulses and setting up of
medium term gene banks in UP and Bihar.
v. Survey and mapping of wild relatives of important
crop plants in the Upper Western Ghats.
vi. Study on Agro-biodiversity and farmer
perceptions about genetic diversity in the states
of Uttar Pradesh and Bihar.
vii. Inventorisation of genetic diversity in Indian

33. Community based initiatives
 M S Swaminathan Research Foundation has
taken note on emerging gene, ecotechnology and
info. Tech. revolutions.
 Operation of community banks; self-governance
by people through their own electing governing
council
33

34. Traditional Knowledge Digital Library
(TKDL)
34
 Project initiated in 2001 by CSIR, Ministry of Science
and Technology, Ministry of health and family
welfare, Dept. of Ayurveda, Yoga &
Naturopathy, Unani, Siddha and Homoeopathy-
(AYUSH), Department of Indian System of Medicine
and Homoeopathy (ISM&H), and is being
implemented at CSIR
 Acts as bridge between TK in local language and
patent office
 Traditional Knowledge Resource Classification
(TKRC), an innovative structured classification system
for the purpose of systematic
arrangement, dissemination and retrieval has been
evolved for about 25,000 subgroups against few
subgroups that was available in earlier version of the
International Patent Classification (IPC), related to
medicinal plants, minerals, animal resources, effects
and diseases, methods of preparations, mode of

35. Contd…
 These details are being converted into Patent
application format and will include description, method
on the preparation, claim and the usage of the
bibliography.
 Converted to
French, German, English, Japanese, Spanish and
Hindi through unit code technology
 The local names of plants are converted into botanical
names and Ayurvedic descriptions of diseases into
modern medical terminology.
 TKDL cover other indigenous system like
Unani, Siddha, Naturopathy, folklore etc.
35

36. Present Status (November 2012)
Present status of transcription of the traditional medicine
formulation in the Traditional knowledge Digital Library is
given in the following table :
36
Discipline
No. of texts (including volumes)
used for transcription
Transcribed
Ayurved
a
75 books 95,592
Unani 10 books 1,47,925
Siddha 50 books 21,510
Yoga 15 books 1510
Total 150 books 2,66,537

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38. 38

39. Conclusions
 Characterization of genetic material behind
TK
 Documentation
 Conservation
39

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41. 41