Protecting Traditional Knowledge Digitally: A

Protecting Traditional Knowledge Digitally:
A Case Study of TKDL
Dr. Mangala Anil Hirwade
Sr. Lecturer
Deptt. of Library & Information Science
RTM Nagpur University, Nagpur
hmangala@rediffmail.com
Abstract: Traditional knowledge on biodiversity from India has been particularly vulnerable to patent
claims and the Indian government and NGOs have made several biopiracy claims in recent years. India
has taken various initiatives regarding the protection of traditional knowledge under intellectual property
rights, including the Traditional Knowledge Digital Library (TKDL), which is a major step to curb biopiracy.
The paper discusses various aspects of TKDL including its role in the preservation, protection and
dissemination of traditional knowledge, searching facilities, benefits, and current status. The paper also
tries to explore the Traditional Knowledge Resources Classification.
1.
INTRODUCTION
Traditional knowledge (traditional knowledge), indigenous knowledge (IK), and local knowledge generally
refer to the matured long-standing traditions and practices of certain regional, indigenous or local
communities. Traditional knowledge also encompasses the wisdom, knowledge and teaching of these
communities. In many cases, traditional knowledge has been orally passed from person to person for
generations. Some traditional knowledge is expressed through stories, legends, folklores, rituals, songs
and even laws. Other forms of traditional knowledge are often expressed through different means.
Recently, international attention has turned to the use of intellectual property laws to preserve,
protect and promote traditional knowledge. Three broad approaches have been developed. The
first emphasizes protecting traditional knowledge as a form of cultural heritage. The second looks
at the protection of traditional knowledge as a collective human right. The third, taken by the
World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO)
investigates the use of existing or novel measures to protect traditional knowledge.
2.
OBJECTIVES
The present study was carried out to study an unique digital initiative taken by India to protect the
traditional knowledge i.e. creation of Traditional Knowledge Digital Library. The study was carried out with
following objectives
• To take a brief review of existing documentation on traditional knowledge
• To study the biopiracy instances and protection measures of TK in India.
• To study the role of TKDL in protecting traditional knowledge
• To study Traditional Knowledge Resource Classification (TKRC) system
• To analyse the contents of Representative database of TKDL
3.
SCOPE AND LIMITATIONS
The present study will be restricted to analysis of representative database of TKDL which is readily
accessible from the official website of TKDL. The scope includes 1200 formulations selected from various
classical texts of Ayurveda, Unani and Siddha systems of medicine viz 500 formulations from Ayurveda,
500 formulations from Unani and 200 Siddha formulations.
4.
METHODOLOGY
The study focuses on current status of TKDL. The paper is largely based on review of the literature. An
analytical study has been carried out in which the contents of the representative database of TKDL was
studied in detail.
5.
REVIEW OF LITERATURE
5.1
India and Traditional Knowledge
India is a country, which has been nurturing a tradition of civilization over a period of about 5,000 years.
India’s ancient scriptures consist of the four Veda, 108 Upanishads, 2 epics, Bhagavad-Gita, Brahma
sutras, eighteen Puranas, Manusmriti, Kautilya Shastra and smritis. Biologically speaking, India is one of
the 12 most biodiverse countries of the world. With only 2.4 percent of the world’s land area, India
accounts for 7 to 8 percent of the recorded species of the world. India’s diversified agro-climatic nature is a
blessing. The whole world has 26 agro-climatic zones and India alone has 16 agro-climatic zones. India’s
diversified agro-climatic zones start from the Trans-Himalayan region to the coastal areas of Kerala,
Andaman and Nicobar, which are home to a varied range of medicinal plants like herbs, shrubs, tubers,
mangroves and rhizomes. The Botanical Survey of India and the Zoological Survey of India have recorded
over 47,000 species of plants and 81,000 species of animals. (Simeone)
This multitude of natural wealth has created a renewed interest in the traditional medicinal system, which
includes the Unani, Yoga, Ayurveda, Homeopathy and Siddha systems. The Ayurveda is the oldest and
most effective of these alternative systems of medicine. The ancient scriptures of the Ayurveda are full of
instances where herbs with medicinal properties were used not only for curative purposes but also for
increasing physical and mental efficiency.
Traditional knowledge is mainly of a practical nature, particularly in such fields as agriculture,
fisheries, health, horticulture, and forestry. Many widely used products, such as plant-based
medicines and cosmetics, are derived from traditional knowledge. Other valuable products based
on traditional knowledge include agricultural and non-wood forest products as well as handicrafts.
5.2
Biopiracy
Traditional knowledge has always been an easily accessible treasure and thus has been susceptible to
misappropriation. The traditional knowledge, particularly, related to the treatment of various diseases has
provided leads for development of biologically active molecules by the technology rich countries. In other
words, traditional knowledge is being exploited for bio prospecting. Also Traditional knowledge is often
misappropriated, because it is conveniently assumed that since it is in public domain, communities have
given up all claims over it.
Biopiracy can be defined as the stealing of biomedical knowledge from traditional and indigenous
communities or individuals. The term can also be used to suggest a breach of a contractual agreement on
the access and use of traditional knowledge to the detriment of the provider, and also applies to
bioprospecting without the consent of the local communities. (Gupta 2005)
5.3
Biopiracy: the Indian Experience
In 2000, CSIR found that almost 80 per cent of the 4,896 references to individual plant based medicinal
patents in the United States Patents Office that year related to just seven medicinal plants of Indian origin.
Three years later, there were almost 15,000 patents on such medicines spread over the United States, UK,
and other registers of patent offices. In 2005 this number had grown to 35,000, which clearly demonstrates
the interest of developed world in the knowledge of the developing countries. Conveniently, none of the
patent examiners are from developing countries, allowing a virtual free pass to stealing indigenous
knowledge from the Old World. (Martin)
4.
Cases of Biopiracy in India
• Turmeric: The rhizomes of turmeric are used as a spice for flavouring Indian cooking. It also has
properties that make it an effective ingredient in medicines, cosmetics and dyes. As a medicine, it has
been traditionally used for centuries to heal wounds and rashes. In 1995, two expatriate Indians at the
University of Mississippi Medical Centre (Suman K. Das and Hari Har P. Cohly) were granted a US
patent (no.5, 401,504) on use of turmeric in wound healing. The Council of Scientific & Industrial
Research (CSIR), India, New Delhi filed a re-examination case with the US PTO challenging the patent
on the grounds of existing of prior art. CSIR argued that turmeric has been used for thousands of years
for healing wounds and rashes and therefore its medicinal use was not a novel invention. Their claim
was supported by documentary evidence of traditional knowledge, including ancient Sanskrit text and a
paper published in 1953 in the Journal of the Indian Medical Association. The US Patent Office
revoked this patent in 1997, after ascertaining that there was no novelty; the findings by innovators
having been known in India for centuries.(Menon)
• Neem: Neem extracts can be used against hundreds of pests and fungal diseases that attack food
crops; the oil extracted from its seeds can be used to cure cold and flu; and mixed in soap, it provides
relief from malaria, skin diseases and even meningitis. In 1994, European Patent Office (EPO) granted
a patent (EPO patent No.436257) to the US Corporation W.R. Grace Company and US Department of
Agriculture for a method for controlling fungi on plants by the aid of hydrophobic extracted Neem oil. In
1995, a group of international NGOs and representatives of Indian farmers filed legal opposition
against the patent. They submitted evidence that the fungicidal effect of extracts of Neem seeds had
been known and used for centuries in Indian agriculture to protect crops, and therefore, were
unpatentable. In 1999, the EPO determined that according to the evidence all features of the present
claim were disclosed to the public prior to the patent application and the patent was not considered to
involve an inventive step. The patent granted on was Neem was revoked by the EPO in May 2000.
(Menon)
• Basmati Rice: Rice Tec. Inc. had applied for registration of a mark “Texmati” before the UK Trade
Mark Registry. Agricultural and Processed Food Exports Development Authority (APEDA) successfully
opposed it. One of the documents relied upon by Rice Tec as evidence in support of the registration of
the said mark was the US Patent 5,663,484 granted by US Patent Office to Rice Tec on September 2,
1997. This US utility patent was unique in a way to claim a rice plant having characteristics similar to
the traditional Indian Basmati Rice. It was challenged and later revoked by USPTO. (Subbiah)
5.5
Documentation of Traditional Knowledge
India has woken up to the task of protecting her traditional knowledge from patent bio-piracy. Protection
and preservation of traditional knowledge have been a matter of concern to the developing countries in
general and India in particular. As a result of this, in 1999, the Department of Ayurveda, Yoga &
Naturopathy, Unani, Siddha and Homoeopathy-(AYUSH), erstwhile Department of Indian System of
Medicine and Homoeopathy (ISM&H) constituted an inter-disciplinary Task Force, for creating an approach
paper on establishing a Traditional Knowledge Digital Library (TKDL).The project TKDL was initiated in the
year 2001.
6. Traditional Knowledge Digital Library (TKDL) http://www.tkdl.res.in/
TKDL is a collaborative project between Council of Scientific and Industrial Research (CSIR), Ministry of
Science and Technology and Department of AYUSH, Ministry of Health and Family Welfare, and is being
implemented at CSIR. An inter-disciplinary team of Traditional Medicine (Ayurveda, Unani, Siddha and
Yoga) experts, patent examiners, IT experts, scientists and technical officers are involved in creation of
TKDL for Indian Systems of Medicine.
The project TKDL involves documentation of the traditional knowledge available in public
domain in the form of existing literature related to Ayurveda, Unani, Siddha and Yoga, in
digitized format in five international languages, which are English, German, French, Japanese and
Spanish.
Figure No. 1: Home page of TKDL
7. Traditional Knowledge Resource Classification (TKRC)
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 administration, etc.
The TKRC is mainly divided into the following sections:
A – Ayurveda
B – Unani
C – Siddha
Y – Yoga
Section A ie Ayurveda is divided into the following classes:
01 – Pharmaceutical preparations (Kalpana)
02 – Personal Hygiene Preparations
03 – Dietary (Food / Food stuff or Beverages)
04 – Biocides, Fumigatives (Dhupana, Krimighna)
The Pharmaceutical preparations are divided into following sub-classes based on the material
used.
01A – Based on Plants (Audbhida)
01B – Based on Animals (Jangama)
01C – Based on Minerals (Parthiva)
01D – Characterised by Diseases (Roga)
01E – Characterised by Actions (Karma)
01F – Mode of Administration
01G – Miscellaneous
8. National Knowledge Commission and TKDL
The National Knowledge Commission, Government of India, in December 2007, recommended that the
work on TKDL should be diversified and expanded. Further, the Commission suggested that steps should
be taken for the use and incorporation of TKDL, with all pertinent sources of information, into the minimum
search documentation lists of International Search Authorities and other offices while processing patent
applications. (National Knowledge Commission 2005)
9. TKDL Database: Current Status
It is a database with a tool to understand the codified knowledge existing for the Indian Systems of
Medicine including Ayurveda, Siddha, Unani and Yoga as prior art. It is not a diagnostic or usage
database. TKDL is also not the prior art in itself; the Books on Indian Systems of Medicine are the prior art,
which act as the source of information for TKDL.
However, TKDL contains the scanned images of medicinal formulations from the original books.
TKDL covers over two lakh formulations, which have been taken from Ayurveda, Unani, Siddha
and Yoga texts. It is pertinent to note that TKDL does not contain the entire information existing
in the Indian Systems of Medicine. Rather than comprehensive, TKDL is a dynamic database,
where formulations will be continuously added and continuously updated according to the inputs
from the users of the database. The full database has been made available to all the IPR offices
worldwide to facilitate Prior Art search and prevent biopiracy.
A representative database containing 1200 formulations selected from various classical texts of
Ayurveda, Unani and Siddha systems of medicine can be accessed from the offcial website of
TKDL. It includes 500 formulations from Ayurveda, 500 formulations from Unani and 200
Siddha formulations, which are readily available.
10. Yoga and Traditional Knowledge
Copyrights over yoga postures and trademark on yoga tools have becoming rampant in the West.
Till now, 130 yoga-related patents granted in the USA are traced.
Scientists are presently scanning through 35 ancient Sanskrit texts, including the Mahabharata, Bhagawad
Gita and the Yoga Sutras of Patanjali to identify and document all known yoga concepts, postures and
terminology. Till now, 600 ‘asanas’ (physical postures) have already been documented. The team plans to
put on record at least 1,500 such yoga postures by the end of 2009. Besides photos and explanation of the
postures, video clips of an expert performing them will be put inside the TKDL. A voice-over will also point
out which text mentions the posture. The information will be available in five international languages. (Yoga
Piracy)
6.
OBSERVATIONS
6.1
Milestones in TKDL Project
The activities of creation of TKDL began in 1999. The project TKDL was initiated in the year 2001. The
database is growing day by day and it is well appreciated by developing as well as the developed
countries. The major milestones in this project are described briefly in Table No. 1.
Table No. 1: Milestones in TKDL Project
|Sr. |Activity
|No |
|1. |Recognition of need of creation of
|Period
|
|June, 1999
|Responsibility
|
|
|
|Third Plenary Session of |
|
|
|
|
|
|
|2.
|
|
|
|
|
|3.
|
|
|
|
|
|
|4.
|
|
|5.
|
|
|
|
|
|
|
|
|
|
|
|6.
|
|7.
|
|
|8.
|
|
|9.
|
|
|
|10.
|
|11.
|
|
|12.
|
|
|
|
|
|
|13.
|
|
|
|
|
|
|
|
|14.
|
|
|
|
|
|Traditional Knowledge (TK) databases|
|SCIT, WIPO under the
|
|and need of support to developing
|
|Chairmanship of Dr. R. A.|
|countries by Standing Committee on |
|Mashelkar, the then
|
|Information Technology (SCIT) of
|
|Director General of CSIR,|
|World Intellectual Property
|
|India
|
|Organization (WIPO).
|
|
|
|Direction to Department of Indian
||Planning Commission
|
|Systems of Medicine & Homoeopathy
|
|constitutes Task Force
|
|(ISM&H) for initiating measures to |
|under the Chairmanship of|
|protect Indian Traditional
|
|Prof. D.N.Tiwari,the then|
|Knowledge, in particular, Ayurveda |
|Member Planning
|
|
|
|Commission on S&T.
|
|Approach paper on setting up of
|October, 1999
|Paper prepared by Mr. V. |
|TKDL.
|
|K. Gupta, the then Senior|
|
|
|Technical Director,
|
|
|
|National Informatics
|
|
|
|Centre at the direction |
|
|
|of the then Secretary,
|
|
|
|Department of ISM&H
|
|Submission of approach paper to
|December, 1999 |Dr. R. A. Mashelkar, the |
|SCIT, WIPO
|
|then Director General of |
|
|
|CSIR, India
|
|Setting up of the interdisciplinary |January, 2000
|Department of ISM&H
|
|(inter-ministerial Task Force on
|
|
|
|TKDL, consisting of experts from
|
|
|
|Department Of ISM&H, Central Council|
|
|
|of Research in Ayurveda & Siddha
|
|
|
|(CCRAS), Banaras Hindu University
|
|
|
|(BHU), National Informatics Centre |
|
|
|(NIC), Controller General of Patents|
|
|
|Designs & Trade Marks (CGPDTM), etc.|
|
|
|under the Chairmanship of the then |
|
|
|Senior Technical Director in NIC,
|
|
|
|Mr. V. K. Gupta
|
|
|
|Submission of TKDL Task Force Report|May, 2000
|TKDL Task Force
|
|to Department of ISM&H*
|
|
|
|Presenting TKDL Concept & Vision at |May, 2000
|Dr.R.A.Mashelkar, the
|
|International forum
|
|then Director General of |
|
|
|CSIR, India
|
|Cabinet Committee of Economic
|January, 2001
|Department of ISM&H
|
|Affair’s (CCEA’s) approval on TKDL |
|
|
|Project
|
|
|
|Memorandum of Understanding (MoU)
|June, 2001
|Department of ISM&H and |
|between Department of ISM&H and
|
|NISCOM
|
|National Institute of Science
|
|
|
|Communication (NISCOM)**
|
|
|
|TKDL software, specifications and
|July, 2001
|Mr. V. K. Gupta, the then|
|design
|
|Director, NISCOM
|
|Establishing TKDL team of Project
|October, 2001 to|NISCOM, CCRAS, Department|
|Assistants (IT), Ayurveda, Patent
|March, 2002
|of ISM&H and CGPDTM.
|
|Examiners, etc.
|
|
|
|Presentation on Traditional
|February, 2001 |Mr. V. K. Gupta, the then|
|Knowledge Resource Classification
|
|Director, NISCOM
|
|(TKRC) at International Patent
|
|
|
|Classification (IPC) Union for
|
|
|
|getting established WIPO-TK Task
|
|
|
|Force consisting of USPTO, EPO, JPO,|
|
|
|China and India
|
|
|
|WIPO-TK Task Force recommended for |February, 2002 |Meeting on behalf of
|
|adding a subclass under A 61
|
|India was attended by Mr.|
|
|
|V. K. Gupta, the then
|
|
|
|Director, NISCOM as the |
|
|
|member of International |
|
|
|Task Force and the
|
|
|
|presentation was made on |
|
|
|the issue of linkage
|
|
|
|between TKRC and IPC
|
|Committee of Experts recommended:(i)|February, 2003 |-------do------|
|inclusion of approx. 200 subgroups |
|
|
|on TK against earlier few sub-groups|
|
|
|on medicinal plants, (ii) linking of|
|
|
|TKRC to IPC and (iii) continuation |
|
|
|of work on biodiversity, TK and TCE |
|
|
|15.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|16.
|
|
|
|
|
|
|
|17.
|
|
|
|
|
|
|
|
|18.
|
|
|
|
|
|
|
|
|
|19.
|
|20.
|
|21.
|
|
|
|22.
|
|
|
|23.
|
|
|
|24.
|25.
|
|26.
|
|Internationally recognized
|
|specifications and standards for
|
|setting up of TK data bases and
|
|registries based on TKDL
|
|specifications
|November, 2002
|
|
|(a) Drafting of specifications at
|
|WIPO Regional Symposium at Kochi,
|
|based on TKDL
|
|
|
|
|
|
|
|
|December, 2002
|(b) Presentation of WIPO document
|
|No. WIPO/GRTKF/IC/4/14 at the 4th
|
|Session of Intergovernmental
|
|Committee (IGC) of WIPO on
|
|Intellectual Property and Genetic
|July, 2003
|Resources, Traditional Knowledge and|
|Expression of Folklore
|
|
|
|(c) Adoption of recommendations
|
|contained in document No. WIPO/
|
|GRTKF/IC/4/14 by International IP
|
|community at the 5th Session of IGC |
|Constitution of Access Policy Issue |August, 2002
|Committee (APIC)
|
|
|
|
|
|
|
|
|
|
|
|
|
|Completing data abstraction work on |March, 2003
|36,000 Ayurveda formulations for
|
|creating TKDL in five languages,
|
|i.e. English, German, Spanish,
|
|French and Japanese
|
|
|
|
|
|
|
|
|
|Release of demo CD containing a
|October, 2003
|sample of 500 formulations
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|Initiation of the TKDL Unani project|June 2004
|
|
|Initiation of TKDL Ayurveda Phase II|August 2004
|
|
|Meeting with Hon’ble Minister of
|August 2004
|Health and Family Welfare on
|
|providing access to TKDL database to|
|European Patent Office (EPO)
|
|Concordance between IPC and TKRC and|October, 2004
|approval on linking of TKRC with IPC|
|
|
|
|
|Workshop on Creation of TKDL for
|December, 2004
|SAARC Countries
|
|
|
|
|
|Request for access to TKDL by EPO
|July 2005
|Initiation of project on TKDL Siddha|August, 2005
|
|
|Creating of TKRC containing approx. |December, 2005
|25,000 subgroups
|
|
|
|
|
|
|
|
|
|Regional TK experts from |
|China, Philippines, India|
|(Prof. Anil Gupta, Prof. |
|Madhav Gadgil, Dr.
|
|Darshan Shankar, Mr. V. |
|K. Gupta, etc.)
|
|
|
|Mr. V. K. Gupta, the then|
|Director, National
|
|Institute of Science
|
|Communication And
|
|Information Resources
|
|(NISCAIR)
|
|
|
|
|
|
|
|
|
|Intergovernmental
|
|Committee (IGC) of WIPO |
|
|
|
|
|(i) Frame policies on
|
|accessing TKDL database |
|(ii) Decide on matters
|
|relating to dissemination|
|of TKDL
|
|(iii) Meet defensive and |
|positive objectives of
|
|TKDL
|
|TKDL team of Project
|
|Assistants (IT),
|
|Ayurveda, Patent
|
|Examiners and Scientists |
|functioning since October|
|2001 at NISCAIR
|
|(erstwhile National
|
|Institute of Science
|
|Communication, NISCOM). |
|Released by the then
|
|Hon’ble Union Minister of|
|Human Resource
|
|Development, Science &
|
|Technology, and Ocean
|
|Development and presided |
|by the then Hon’ble Union|
|Minster of Health &
|
|Family Welfare and
|
|Parliamentary Affairs.
|
|Department of AYUSH and |
|NISCAIR
|
|Department of AYUSH and |
|NISCAIR
|
|Department of AYUSH and |
|NISCAIR
|
|
|
|
|
|35th IPC Union Meeting
|
|Describe Concepts
|
|presented by Mr. V.K.
|
|Gupta, Director NISCAIR |
|SAARC Documentation
|
|Centre, NISCAIR and
|
|Ministry of Human
|
|Resource Development
|
|CSIR
|
|Department of AYUSH and |
|NISCAIR
|
|NISCAIR
|
|
|
|27.
|
|
|
|
|
|28.
|
|
|
|29.
|
|
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|
|
|
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|
|
|30.
|
|31.
|
|
|
|32.
|
|33.
|
|
|
|34.
|
|
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|35.
|
|
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|36.
|
|
|37.
|
|38.
|
|
|
|39.
|
|
|
|40.
|
|41.
|
|
|42.
|
|43.
|
|
|
|44.
|
|
|
|
|45.
|
|
|Inclusion of 207 subgroups,related |January, 2006
|to algae,fungi,lichens or plants or |
|derivatives thereof used in
|
|Traditional Herbal Medicines in
|
|International Patent Classification,|
|8th Edition
|
|Approval on Access to TKDL database |June 2006
|to International Patent
|
|Offices(IPOs) by Cabinet Committee |
|on Economic Affairs
|
|Vetting of Access Agreement
|August,2005;
|
|March,2008;
|
|June,2005;
|
|December,2005;
|
|February,2008;
|
|January, 2006
|
|
|
|
|
|
|
|
|
|
|Access Agreement sent to EPO
|July, 2006;
|
|December, 2006
|Request by United States Patent and |December, 2006
|Trademark Office(USPTO) for access |
|to TKDL database and sending of
|
|Access Agreement
|
|APIC meeting to discuss the
|June, 2007
|responses given by EPO and USPTO
|
|Initiation of activities on creation|January 2008
|of TKDL Yoga
|
|
|
|
|
|APIC meeting to discuss the
|July, 2008
|clarifications sought by EPO, gives |
|clearance for signing of Access
|
|Agreement
|
|TKDL database containing over 2 lakh|July 2008
|formulations on Ayurveda, Unani and |
|Siddha comprising 30 million A4
|
|sized pages
|
|Access to TKDL database given to
|February, 2009
|European Patent office under Access |
|Agreement
|
|Request for access to TKDL by German|March 2009
|Patent and Trademark Office (DPMA) |
|Request from Malaysia for having a |March, 2009
|joint workshop on experience sharing|
|in the area of traditional medical |
|knowledge
|
|Request from Thailand for having a |April, 2009
|joint workshop on experience sharing|
|in the area of traditional medical |
|knowledge
|
|Transcription of 2.05 lakh
|August, 2009
|formulations
|
|USPTO in principle agreement to TKDL|May 2009
|Access Agreement conveyed to Indian |
|Mission in US
|
|Formal agreement to TKDL Access
|July 2009
|Agreement by USPTO
|
|Prior art evidence based on TKDL
|June-July 2009
|citations under Third Party
|
|observations against 35 Pipe line
|
|patent applications at EPO
|
|Based on third party observation
|July 2009
|filed,EPO asked applicant to take
|
|position on TKDL cited references
|
|for a patent relating to cancer
|
|treatment using Pistacia species
|
|EPO set aside intention to grant
|July 2009
|patent on antivitilgo cream to
|
|Perdix Euro group SL Spain based on |
|IPC union,WIPO
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|(i) Legal and Treaties
|
|Division, Ministry of
|
|External Affairs
|
|(ii) Department of Legal |
|Affairs, Ministry of Law |
|and Justice
|
|(iii) Shri Praveen Anand,|
|Leading Patent Attorney |
|(iv) Shri Soli J.
|
|Sorabjee, Former Attorney|
|General
|
|CSIR
|
|
|
|CSIR
|
|
|
|
|
|
|
|APIC
|
|
|
|CSIR, Department of AYUSH|
|and Morarji Desai
|
|national Institute of
|
|Yoga (MDNIY)
|
|APIC
|
|
|
|
|
|
|
|CSIR
|
|
|
|
|
|
|
|CSIR
|
|
|
|
|
|CSIR
|
|
|
|CSIR
|
|
|
|
|
|
|
|CSIR
|
|
|
|
|
|
|
|CSIR
|
|
|
|Acting Director USPTO
|
|
|
|
|
|USPTO
|
|
|
|V.K.Gupta, Senior Advisor|
|and Director, TKDL
|
|
|
|
|
|EPO
|
|
|
|
|
|
|
|
|
|EPO
|
|
|
|
|
|
|
|
|46.
|
|
|47.
|
|
|48.
|
|
|49.
|
6.2
|TKDL Cited references and re-opened
|the case for substantive
|examination.
|Access to TKDL database granted to
|CGPDTM (Indian Patent Office) under
|Access Agreement
|Access to TKDL database given to
|German Patent and Trademark Office
|(DPMA) Under Access Agreement
|Withdrawl of four patent
|applications at EPO based on TKDL
|database
|Access to TKDL database given to
|USPTO under Access Agreement
|
|
|
|July, 2009
|
|
|October, 2009
|
|
|August-November
|2009
|
|November, 2009
|
|
|
|
|CSIR
|
|
|CSIR
|
|
|EPO
|
|
|CSIR
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Present Status of TKDL
Present status of transcription of the traditional medicine formulation in the Traditional knowledge Digital
Library is given in the following table
Table No. 2: Present Status of TKDL (as on November 2009)
|Sr.
|No.
|
|1
|2
|3
|4
|
|Disciplin|No. of texts (including
|e
|volumes) used for
|
|transcription
|Ayurveda |75 books
|Unani
|10 books
|Siddha
|50 books
|Yoga
|13 books
|Total
|148 books
|Transcribed
|
|
|82,665
|1,13,800
|12,778
|974
|2,10,217
|
|
|
|
|
|
|
|
6.3
Content Analysis of Representative Database of TKDL
A detailed content analysis of Representative database of TKDL reveals following findings
Table No. 1: Contents of Representative TKDL database
|Sr.
|No.
|
|1
|2
|3
|
|Subject
|
|
|Ayurveda
|Unani
|Siddha
|Total
|No. of
|%
|Formulati|
|ons
|
|500
|41.67
|500
|41.67
|200
|16.66
|1200
|100
|
|
|
|
|
|
|
The selected 1200 formulations make use of about 308 plants as ingredients besides ingredients of animal
or mineral origin. These formulations are in turn used to treat 214 diseases.
4.
Search Types and Search Options
The database can be searched in two ways viz
• Simple Search: Different search terms including Keywords, Diseases and IPC Codes can be
used with the operator ’OR’ (the use of operator ’AND’ is not supported). The corresponding menu
lists all the search terms available in this database and can be used to select the appropriate
search term.
• Advanced Search: This option allows search using several search terms such as Keywords,
Disease, IPC Code, Bibliography and Title, each individually specified. All these terms can be
selected from appropriate help menus. Figure No.
shows the screen of Advanced search
Figure No. 2: Advanced Search Window
5.
Help Menu
TKDL database offers a strong backbone of Help Menu in the form of Keyword Help, IPC Help, Title Help,
Biblio Help and Disease Help, which facilitates effective searches. Figure No. 3 shows the search results
by giving the Keyword ‘bamboo’. Total 8 formulations are found.
Figure No. 3: Search results for ‘Bamboo’ Keyword
7.
CONCLUSION
Once the traditional knowledge is recorded in TKDL, legally, it becomes public domain knowledge. Under
the patent law, this means that it is considered to be prior art and hence is not patentable. Such a written
record, in a form easily accessible to patent offices around the world, would provide all such offices with a
record of India’s prior art. Patent examiners could easily check this database and reject any patent
application that might be a mere copy of traditional knowledge. Thus it helps in preventing cases of biopiracy.
TKDL has a rich database of information and proved to be extremely useful to research and
industry, both in India and abroad, providing an impetus to invention, and the development of
products such as medicines, which would be of immense value to all of mankind.
TKDL serves the purpose of integrating the various documents related to traditional knowledge in
a common language and in an easy retrieval form. It is of enormous benefit in developing the
traditional knowledge further.
REFERENCES
Gupta V. K. “Traditional knowledge Digital Library”, Sub-Regional experts Meeting in Asia on Intangible
cultural heritage, Bangkok, Thailand, 13-16 December 2005. (Conference Proceedings)
http://www.accu.or.jp/ich/en/pdf/c2005sub_reg_Ind/pdf (Viewed on 11 December 2009)
Martin
van
Ameijde,
“Biopiracy:
The
need
for
a
protective
solution?” http://www.jur.lu.se/Internet/Utbildning/kurser/JCA803.nsf/43e828219552/ (Viewed on 11
December 2009)
Menon Ramesh. “Traditional Knowledge receives a boost from the government”, India Together,
http://www.indiatogether.org/ (Viewed on 13 December 2009)
National Knowledge Commission, 2005. “Traditional Knowledge”
http://www.knowledgecommission.gov.in/recommendations/traditional1.asp (viewed on 10
2009)
Simeone
Tonina,
“Indigenous
traditional
knowledge
IPRs.” www.parl.gc.ca/information/library/PRBpubs (Viewed on 13 December 2009)
December
and
Subbiah Sumati. “Reaping what they sow. The Basmati rice controversy and strategies for protecting TK”
http://www.bc.edu/schools/law/lawreviews/meta-elements/journals/bciclr/27/12FMS.htm (Viewed on
December 2009)
13
TKDL-Traditional Knowledge Digital Library
www.tkdl.res.in (viewed on 10 December 2009)
Traditional Knowledge Resource Classification
http://www.tkdl.res.in/tkdl/langdefault/common/TKRC.asp (Viewed on 13 December 2009)
Yoga piracy: India shows who’s the guru http://timesofindia.indiatimes.com/Yoga-piracy-India-shows-whosthe-guru/articleshow/4167939.cms (viewed on 10 December 2009)
ABOUT THE AUTHOR
Dr (Mrs) Mangala Anil Hirwade (Dec. 1968)
She has 18 years professional experience. Presently working as Sr. Lecturer at Department of Library and Information
Science, RTM Nagpur University, Nagpur. She has worked at Patent Information System, Nagpur for 11 years and as
a Librarian at Shivaji Science College, Nagpur for 6 years. She has published 4 books, 5 papers in International
journals and 14 papers in National journals. She has 4 papers published in International conference proceedings and
20 papers in National conference proceedings. Recently she has presented a paper at International Conference on Egovernance at Boston, USA. She is recipient of P.V. Verghese Award for Best Paper published in ILA Bulletin in 2002.
She is associated with two UNESCO Projects as Content Writer and has completed one Minor
Research Project sponsored by UGC. She is the ‘Chief Executive’ of a quarterly journal
‘Information Age’. She is a recognized Research Supervisor for Ph.D. at RTM Nagpur
University. 8 students are registered and 2 have submitted their theses. She is recognized
supervisor for M.Phil at YCMOU, Alagappa and Bharthidasan University. She has guided 25
M.Phil. Dissertations and 43 MLISc. Dissertations. She has delivered more than 40 lectures as
Resource Person at Refresher and Orientation courses sponsored by UGC, AICTE and CBSE. She
is the life member of professional organizations viz. ILA, IATLIS, SALIS, VLA, NUCLA,
LISAA.
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