How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?
Subtopic: Science & Technology · Intellectual Property & Traditional Knowledge
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177 words · target 250 words · 14 min
India's rich traditional medicinal knowledge — Ayurveda, Unani, Siddha and Yoga — has faced 'biopiracy', where foreign firms sought patents on well-known remedies. To protect this heritage, the government has built documentation, legal and institutional safeguards.
Traditional Knowledge Digital Library (TKDL)
- Created in 2001 by the CSIR and the Ministry of AYUSH, the TKDL digitally documents traditional medicinal knowledge from ancient texts in multiple languages and a patent-office-compatible format.
- Access is shared with major patent offices (such as the European and US offices) so examiners can cite it as 'prior art' and reject wrongful patent claims.
Legal and institutional protection
- The Biological Diversity Act, 2002 regulates access to biological resources and associated knowledge and mandates benefit-sharing.
- The Patents Act bars patenting of traditional knowledge and mere discoveries.
- Geographical Indication tags protect region-specific products.
Outcomes
Using documented prior art, India secured revocation of wrongful patents on turmeric wound-healing and neem-based fungicide, and challenged the basmati claim. This model demonstrates how documentation, law and international cooperation together defend traditional knowledge from misappropriation, while the government now also allows controlled TKDL access for research and innovation.
What an examiner expects to see
- Traditional Knowledge Digital Library (TKDL), set up in 2001 by CSIR and the Ministry of AYUSH, documents Ayurveda, Unani, Siddha and Yoga.
- TKDL converts ancient-text knowledge into a patent-examiner-friendly, multilingual database usable as 'prior art'.
- Access shared with global patent offices (EPO, USPTO, etc.) to pre-empt wrongful patents.
- Biological Diversity Act, 2002 regulates access to bioresources and mandates benefit-sharing.
- The Patents Act prohibits patenting of traditional knowledge and mere discoveries.
- Geographical Indication (GI) tags protect region-specific traditional products.
- Successes: revocation of turmeric and neem patents; challenge to the basmati patent.
Concrete cases, schemes and judgments
- Revocation of the US patent on turmeric's wound-healing use (1997).
- Revocation of the European patent on the neem-based anti-fungal (2005).
- The basmati rice patent challenge against a US company.
- TKDL access agreements with the European Patent Office and other patent offices.