Source: NISCPR
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CSIR-National Institute of Science Communication and Policy Research (NIScPR) and Gurugram University jointly inaugurated the International Conference on Communication and Dissemination of Traditional Knowledge (CDTK-2024).
Recognizing the importance of traditional knowledge, PM Modi emphasized the need to share scientific proof of these practices with the public.
He tasked the Council of Scientific and Industrial Research (CSIR) to lead this effort. CSIR is working with different partners across the country to implement a national initiative called ‘Communicating India’s Scientifically Validated Traditional Knowledge’.
The CSIR-National Institute of Science Communication and Policy Research (CSIR-NIScPR) has been chosen to lead this initiative. The initiative has been launched under the brand name “SVASTIK”.
SVASTIK stands for Scientifically Validated Societal Traditional Knowledge. It aims to:
Preserve the right traditional practices.
Promote scientific thinking to verify traditions.
Build confidence in the scientific value of traditional knowledge.
The SVASTIK initiative creates and shares easy-to-understand content about traditional knowledge. This content is available in English, Hindi and various regional languages through digital platforms.
CSIR is a leading organization in research and development (R&D) in various fields of science and technology. It is a registered Society under Societies Registration Act, 1860. Headquarter is in New Delhi.
With a modern approach, CSIR operates a vast network across India, which includes:
37 National laboratories
39 outreach centres
1 innovation complex
3 specialized units
President of CSIR is Prime Minister of India. Vice President IS Union Minister of Science and Technology. The Director-General is the head of the governing body. The other ex-officio member is the finance secretary (expenditures). Other members' terms are of three years.
CSIR envisions enhancing the quality of life for Indian citizens through:
Innovative Science and Technology
Globally Competitive R&D
Sustainable Solutions
Capacity Building
The National Institute of Science Communication and Information Resources (NISCAIR), located at New Delhi was an information science institute in India founded in 2002. In 2021, the institute was merged with National Institute of Science, Technology and Development Studies to form National Institute of Science Communication and Policy Research (NIScPR). It operated under the umbrella of CSIR that comprise 38 other labs and institutes in India. The institute published several academic journals and magazines.
Traditional Knowledge is collective property, owned and nurtured by an entire community and cannot be separated from the lives of the traditional people.
Res Communis: It is a communal resource shaped by the contributions of many over time.
TK evolves with changes in geography, climate, and social factors. TK is usually passed orally from generation to generation, although some is preserved in written form. A portion of TK may be in the public domain while some remain conserved as secret or sacred by specific communities.
TK encompasses:
Practices, instructions, and know-how within indigenous communities.
Cultural expressions such as stories, songs, folklore, proverbs, and community rules.
Practical applications in areas like agriculture, fisheries, safety, horticulture, forestry, and environmental management.
This article defines TK as the knowledge, innovations, and traditions of indigenous cultures, transmitted over centuries and adapted to local environments.
Examples include:
Agricultural Practices: Knowledge of plant species and animal breeds.
Cultural Expressions: Songs, dances, and artistic creations passed down through generations.
The World Intellectual Property Organization (WIPO) defines TK as:
Knowledge: Skills, practices, and know-how integral to a community’s cultural or spiritual identity.
Oral Traditions: TK is primarily oral, though its transmission may involve unique customary methods.
Cultural Relationship: The connection between knowledge and the community is central to making it "traditional."
Indigenous people are characterized by:
Distinctive Cultural Practices: Economic, social, and cultural conditions that differ from other groups.
Self-Governance: Being governed by their own customs and traditions.
Descent: Recognition as indigenous by virtue of their ancestry.
TK reflects the cultural heritage and spiritual beliefs of indigenous communities.
Unique products like the Panamanian “Mola” textiles demonstrate the economic potential of TK.
TK contributes to sustainable practices in agriculture, forestry, and water conservation.
TK is primarily oral making it hard to trace origins.
TK is collectively held, making it unsuitable for individual proprietorship under conventional IPR frameworks.
Unauthorized reproduction of TK-based products, such as imitations of “Mola” textiles, undermines community rights.
No universally accepted definition complicates legal recognition and protection.
Imitation and commercialization without proper acknowledgment or benefit-sharing with the originating community.
Balancing TK protection while ensuring fair access for broader societal benefits.
India employs both positive and defensive measures to protect TK within its Intellectual Property Rights (IPR) framework.
Aims to prevent unauthorized third parties from claiming intellectual property rights over TK. Strategies include:
Disclosure of Origin: Patent applicants must disclose the origin of genetic resources and associated TK used in their inventions.
Database Creation: Databases containing documented TK serve as evidence of prior art, helping patent examiners assess the novelty of inventions. Traditional Knowledge Digital Library (TKDL), a searchable database of traditional medicine was instrumental in revoking a U.S. patent on turmeric’s wound-healing properties.
Sacred Symbols Protection: Defensive measures extend to protecting cultural symbols, rituals, and terms from trademark misuse.
Empowers communities to gain direct intellectual property rights over TK through systems like patents or sui generis frameworks. Key components:
Prior Informed Consent (PIC): Requires obtaining permission from TK holders for access and commercial use of their resources or knowledge.
Benefit-Sharing: Ensures equitable sharing of benefits (monetary or non-monetary) derived from exploiting TK.
Sui Generis Systems: Recognize the unique nature of TK and develop specific laws to supplement existing IP systems.
Section 3(p): Prevents patenting of TK or its mere aggregation/duplication. Example: An application for an improved Chyawanprash preparation was rejected under this section as it was based on TK.
Section 2(1)(j): Defines an invention as a new product or process involving novelty and industrial applicability. TK in the public domain often does not meet these criteria.
Section 10(4)(ii)(D): Requires disclosure of the source and geographical origin of biological material used in inventions.
Protects artistic expressions of TK such as music, literature, and dance through copyrights and performer rights.
Section 31A: Enables the publication of TK works when the original author is unknown, ensuring accessibility while respecting moral rights.
Contains over 2 lakh entries in multiple languages, documenting Ayurveda, Unani, Siddha, and other traditional systems of medicine.
Translates TK into five international languages (English, French, Spanish, German, Japanese) for global accessibility.
Uses the Traditional Knowledge Resource Classification (TKRC) system to classify knowledge for easy search and identification.
Prevents misappropriation by acting as prior art in patent examination processes globally.
Mandates PIC and benefit-sharing mechanisms for accessing biological resources and associated TK.
Governs the use of TK to ensure community participation and equitable benefits.
Under Article 39 of the TRIPS Agreement, trade secrets are recognized as a subject of intellectual property rights (IPR). Trade secrets must satisfy three conditions:
Once the information becomes public, it no longer qualifies as a trade secret. This protection allows the holder to prevent unauthorized use or exposure of their knowledge. Trade secret law is particularly effective for securing traditional knowledge (TK) that is not yet disclosed to the public. For instance, in cases like the "Aranmula Kannadi" (a traditional metal mirror from Kerala), the knowledge of the manufacturing process can be kept as a closely guarded secret.
Trademarks are meant to distinguish products from others and prevent confusion among consumers about the source of a product. In India, the Trademark Act of 1999 allows even agricultural and biological products to be protected as trademarks, especially when they originate from indigenous communities.
The Geographical Indications of Goods (Registration and Protection) Act, 1999, defines a Geographical Indication (GI) as an indicator that identifies goods as originating from a specific geographical area where their unique qualities are attributed to the region. Examples include Darjeeling Tea, Kanchipuram Silk, and Alphonso Mango.
Industrial designs focus on the aesthetic appeal of a product, particularly its shape and appearance.
The Act empowers farmers to register and conserve traditional plant varieties while also protecting the rights of breeders over newly developed varieties.
The Act acknowledges and protects the rights of farmers who conserve, improve, and preserve plant varieties. These rights allow farmers to share, trade, or sell plant varieties they have developed over generations.
Plant breeders receive recognition for the new varieties they produce, which they can register under the Act. However, the Act ensures that farmers' rights are not overridden by breeders' rights.
The Act mandates that benefits arising from the commercialization of new plant varieties should be shared with the farmers or local communities that contributed to their development.
This Act was passed to meet India’s obligations under the Convention on Biological Diversity (CBD). It ensures the conservation and sustainable use of biological resources, including the protection of traditional knowledge associated with them. The key provisions of this Act require:
Foreign entities must obtain prior approval from the National Biodiversity Authority (NBA) to access India’s genetic resources. Indian entities must inform the State Biodiversity Board before using or selling biological resources.
It mandates that any benefit derived from the use of India’s biological resources must be shared with the local communities that conserve them.
The 2023 amendment clarified that approval from the NBA must be obtained before the granting of intellectual property rights (IPR) related to India’s biodiversity. It also exempted individuals holding traditional knowledge from needing prior intimation before accessing biological resources for local use or research.
The Neem Case: The patenting of neem’s medicinal properties by a U.S. company was challenged, as the knowledge had been used for centuries in India. The patent was later revoked.
The Turmeric Case: The patent granted for turmeric’s wound-healing properties was contested by the Indian Council for Scientific and Industrial Research (CSIR) and successfully repealed.
The Basmati Rice Case: The patenting of Basmati rice by an American company led to legal challenges, highlighting the need for protecting traditional agricultural knowledge.
Equity: Traditional knowledge often goes unacknowledged in the current IPR system, depriving communities of the recognition and benefits they deserve. Farmers, for example, have been nurturing and improving plant varieties for generations without receiving compensation.
Traditional knowledge plays a crucial role in preserving biodiversity. Protecting such knowledge helps conserve the environment and promotes sustainable practices.
Traditional knowledge is integral to maintaining indigenous cultures. Its protection ensures the survival of practices that have sustained communities for centuries.
Protecting traditional knowledge helps prevent the exploitation of genetic resources by foreign corporations without proper acknowledgment or compensation. Examples include the misappropriation of knowledge about turmeric and neem’s medicinal properties.
Traditional knowledge is increasingly valuable in modern development offering sustainable solutions to challenges in health, agriculture, and biodiversity conservation.
While various provisions exist, India lacks a standalone TK-specific IPR law.
Much of TK is in the public domain, complicating protection efforts.
International cooperation is essential to address cross-border misappropriation.
TK holders often lack awareness of their rights or access to legal resources.
Biopiracy: There are cases where multinational companies patent traditional knowledge without acknowledging its indigenous origin, leading to the misappropriation of valuable genetic resources.
Enact a sui generis law specifically for TK complementing existing IP laws.
Empower indigenous communities through awareness programs and capacity building.
Collaborate with international bodies like WIPO for harmonized protection frameworks.
Expansion of TKDL: Include more entries, languages, and classifications to cover broader aspects of Indian TK.
Encourage ethical research and commercial practices with proper PIC and benefit-sharing.
Sources:PIB 
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PRACTICE QUESTION Q.Traditional knowledge is an invaluable asset for both conservation of biodiversity and sustainable development. However, its protection IPR remains a contentious issue in India. Critically analyze the various mechanisms in place for the protection of traditional knowledge in India. (250 Words) |
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