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TRADITIONAL KNOWLEDGE
raditional Knowledge refers to knowledge inherent in indigenous communities that has
been passed to them from their ancestors. The knowledge could be of any type. It could
be cultural knowledge, environmental knowledge, medicinal knowledge and so on.
The protection is afforded to Traditional Knowledge with the objective of rewarding the
indigenous community for preserving such knowledge and to encourage development and
utilization of such knowledge for public good. As the knowledge is generally ancient the
traditional types of IP protection such as patents, copyrights, trade secrets and so on do not
generally apply to its protection. A sui generis system of protection tailored to address the
specific needs of traditional knowledge is required.
India has provided for partial protection of traditional knowledge through the legislation on
protection of biodiversity. This law affords protection to traditional knowledge associated with
biological resources by laying down a benefit sharing mechanism. The Biodiversity Act provides
that if any person accesses and develops biological resources into intellectual assets, the person
can acquire intellectual property protection over such intellectual assets provided the person
agrees to share the commercial benefits with the indigenous communities whose knowledge
played a very important role in accessing and developing the biological resources. The law has
set up a National Biodiversity Authority that monitors the use of biological resources and
ensures that the benefits from such biological resources are shared with indigenous
communities. By providing for benefit sharing, the law encourages the traditional people to
preserve traditional knowledge and to co-operate in development of traditional knowledge.
Jeewani Case
One case where the benefit sharing mechanism proved effective was in relation to Jeewani, a
herbal drug to enhance immunity levels. The case related to Kani tribe, who lived in the Agast-
Hymalai hills of the Western Ghats. A group of scientists from the Tropical Botanical Gardens
Research Institute (TBGRI) went on a scientific expedition to the hills. During the expedition
they observed that the Kani tribals, who were guiding them, were eating some leaves and fruits
to avoid fatigue.
The scientists identified the plant and discovered that its leaves contained active molecules that
had energy and immunity enhancing properties. They developed a herbal drug based on their
discovery and commercialized it through Arya Vaidya Pharmacy under the name 'Jeewani'.
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TBGRI agreed to share fifty percent of the profits achieved from such commercialization with
the Kani tribes.
The case is one instance where the benefit sharing mechanism was successfully implemented.
Exploitation of Traditional Knowledge
Ownership of traditional knowledge and possibilities of its undue exploitation was noticed for
the first time in certain cases where foreign nationals attempted to protect components of the
Indian traditional knowledge under the patent regime.
Turmeric case
In the year 1995, the University of Mississippi Medical Centre was granted a patent for the use
of turmeric in wound healing. After a hue and cry about the patent which related to traditional
knowledge well known in India, the Council for Scientific and Industrial Research (CSIR) filed for
invalidation of the patent. CSIR produced an ancient publication, which spoke about use of
turmeric in healing open wounds. After reviewing the publication submitted by CSIR, the patent
was invalidated.
In a similar way, patents over Neem and Basmati were also invalidated.
Traditional Knowledge Digital Library (TKDL)
To avoid instances of patent grants to Indian traditional knowledge, the CSIR has taken the
initiative to document and publish the Indian traditional knowledge in the form of a digital
library also called as 'TKDL'. The TKDL contains details relating to traditional scientific
knowledge arranged in an organized manner in consonance with the international patent
classification. Copies of TKDL are made available to all patent offices in order to aid them during
patent searches. The US and Eu patent offices have started using the TKDL as a part of their
regular patent searches. The initiative will definitely go a long way in preventing foreign
nationals from getting IP protection over Indian traditional knowledge.
Suggested Further Reading
Traditional Knowledge
Protection of Traditional Knowledge
Traditional Knowledge