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TK Assignment

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Rijul Arya
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0% found this document useful (0 votes)
32 views10 pages

TK Assignment

Uploaded by

Rijul Arya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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THE ICFAI UNIVERSITY , DEHRADUN

ASSIGNMENT ON :– TRADITIONAL
KNOWLEDGE DIGITAL LIBRARY

SUBMITTED TO :- ABHISHEK KUKRETI


SIR

SUBMITTED BY :- SHAMBHAVI SINHA

ENROLLMENT ID :- 20FLICDDN02057

BATCH :- 2020-2025
TRADITIONAL KNOWLEDGE DIGITAL
LIBRARY
INTRODUCTION

TKDL is an Indian digital knowledge repository of


the traditional knowledge, especially about
medicinal plants and formulations used in the
Indian systems of medicine . It was set up in 2001,
as a collaboration between the Council of
Scientific and Industrial Research and MINISTRY
OF AYUSH and 5 systems of traditional medicine.
It’s main objective is to protect the ancient and
traditional knowledge of the country from
exploitation through biopiracy and unethical
patents, by documenting it electronically and
classifying it as per international patent
classification systems. The Government of India
has prepared a TKDL on traditional knowledge
about medicinal plants, to ward off incidence of
piracy, containing 36,000 formulations used in
Ayurveda, Unani ,Siddha – Indian system of
medicine from 14 ancient books.
FEATURES OF TKDL
The TKDL contains documentations of publicly
available traditional knowledge that :-
1. Relates to Ayurveda, Unani, Siddha and Yoga
2. Is in digitized format
3. Is available in five languages : English,
German, French, Japanese and Spanish.
4. Seeks to prevent the granting of patents for
products developed utilizing TK where there
has been little, if any, inventive step.
5. Intends to act as a bridge between
information recorded in ancient Sanskrit
and patent examiners.
6. Facilitates access to information not easily
available to patent examiners, thereby
minimizing the possibility that patent could
be granted for ‘inventions’ involving only
minor or insignificant modifications.
7. It has estimated around 2000 unethical
patents have been granted all over the
world which are directly or indirectly related
to Indian Medicinal System .
ADVANTAGES OF TKDL

1. TKDL has enabled the submission of third


party observations which has proven the
only cost- effective way of
misappropriation of traditional knowledge
at the pre – grant stage.
2. TKDL has enabled successful opposition of
hundreds of patents applications filed
around the world.
3. Enables immediate corrective action to be
taken with zero cost so as to prevent bio-
piracy.
4. The biggest achievements of TKDL is to set
aside or withdrawn or amend around 200
patents granted to many companies,
individuals from China, United States
,Spain, Italy, etc. It is also expected to get
the similar outcome in about 1200 more
cases that have already been filed.
NEEDS FOR TKDL
Turmeric Patent Case
• Turmeric is a tropical herb grown in east India.
Turmeric powder is widely used in India as a
medicine, a food ingredient and a dye to name a
few of its uses. For instance, it is used as a blood
purifier, in treating the common cold, and as an
anti-parasitic for many skin infections. It is also
used as an essential ingredient in cooking many
Indian dishes. In 1995, the United States awarded
patent on turmeric to University of Mississippi
medical center for wound healing property.
• The claimed subject matter was the use of
"turmeric powder and its administration", both
oral as well as topical, for wound healing. An
exclusive right has been granted to sell and
distribute. 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. Though it was
a well known fact that the use of turmeric was
known in every household since ages in India, it
was a herculean task to find published information
on the use of turmeric powder through oral as well
as topical route for wound healing. 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. Therefore, the TK that
belonged to India was safeguarded in Turmeric
case

BASMATI CASE

• The US patent office granted a patent to 'RiceTec'


for a strain of Basmati rice, an aromatic rice grown
in India and Pakistan for centuries .Rice is the
staple food of people in most parts of Asia,
especially India and Pakistan. For centuries, the
farmers in this region developed, nurtured and
conserved over a hundred thousand distinct
varieties of rice to suit different tastes and needs.
In 1997, in its patent application Ricetec also
acknowledged that "good quality Basmati rice
traditionally come from northern India and
Pakistan...Indeed in some countries the term can
be applied to only the Basmati rice grown in India
and Pakistan."
• However, the company then went on to claim that
it had invented certain "novel" Basmati lines and
grains "which make possible the production of high
quality, higher yielding Basmati rice worldwide."
The Indian Government had pursued to appeal
only 3 claims out of 20 claims made in the original
patent application of RiceTec Inc.

NEEM PATENT CASE


• The patent for Neem was first filed by W.R. Grace
and the Department of Agriculture, USA in
European Patent Office. The said patent is a
method of controlling fungi on plants comprising
of contacting the fungi with a Neem oil
formulation. A legal opposition has been filed by
India against the grant of the patent. The legal
opposition to this patent was lodged by the New
Delhi-based Research Foundation for Science,
Technology and Ecology (RFSTE), in co-operation
with the International Federation of Organic
Agriculture Movements (IFOAM) and Magda
Aelvoet, former green Member of the European
Parliament (MEP).
• A tree legendary to India, from its roots to its
spreading crown, the Neem tree contains a
number of potent compounds, notably a chemical
found in its seeds named azadirachtin. It is used as
an astringent in so many fields. The barks, leaves,
flowers, seeds of neem tree are used to treat a
variety of diseases ranging from leprosy to
diabetes, skin disorders and ulcers. 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
were known and used for centuries in India, both
in curing dermatological diseases in humans and in
protecting agricultural plants form fungal
infections. The EPO identified the lack of
novelty, inventive step and possibly form a
relevant prior art and revoked the patent.
Apart from this, several US patents were
recently taken out Neem-based emulsions and
solutions
CONCLUSION
The TKDL , serves as a vital tool for preserving
and protecting India’s rich traditional
knowledge. By digitizing ancient knowledge
from texts, such as the Vedas and the
Ayurveda, TKDL ensures that this wisdom is
safeguard against biopiracy and exploitation. It
also provides a valuable resource for global
researchers and practitioners, enabling better
access to centuries old insights while
maintaining the integrity of the indigenous
knowledge systems. Ultimately, TKDL,
represents a bridge between tradition and
modernity, fostering the responsible and
respectful use of traditional knowledge in
today’s world .
BIBLIOGRAPHY

1. www.google.com

2. www.yahoo.com

3. Traditional Knowledge reference book

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