How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?
The Government of India has adopted a proactive and pioneering strategy to protect its vast heritage of traditional medical knowledge from being wrongfully patented by global pharmaceutical companies, an act often termed 'biopiracy'.
The centerpiece of this strategy is the Traditional Knowledge Digital Library (TKDL). This is a monumental database, created jointly by the CSIR and the Ministry of Ayush, which digitizes and catalogues knowledge from ancient Indian texts on Ayurveda, Unani, Siddha, and Yoga. This information, which was previously accessible only to local language experts, has been translated into five international languages and formatted in a way that is easily searchable by international patent examiners.
The TKDL is a defensive protection mechanism. It does not patent traditional knowledge but acts as 'prior art'. Before granting a patent, examiners at major patent offices worldwide (like in Europe, the USA, and Japan) can consult the TKDL database. If a company applies for a patent on a formulation, such as one using turmeric for wound healing, the examiner can see that this is already documented knowledge and reject the application. This has successfully prevented hundreds of erroneous patents from being granted.
Besides the TKDL, India’s legal framework, particularly the Patents Act and the Biological Diversity Act, 2002, contains provisions to prevent biopiracy. The Biodiversity Act mandates benefit-sharing agreements if biological resources are accessed, ensuring that local communities profit from the commercial use of their knowledge.
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