How is the government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?

Introduction

India is a treasure trove of traditional knowledge of medicine (TKM), including systems like Ayurveda, Siddha, Unani, and Yoga. However, the misappropriation of this knowledge by pharmaceutical companies through patenting has been a persistent challenge. To address this, the Government of India has implemented a range of measures to protect and preserve its traditional knowledge.

Value Addition Block — Key Dimensions of Protection

Documentation of Traditional Knowledge

• Traditional Knowledge Digital Library (TKDL):

  • Established in 2001, the TKDL is a pioneering initiative to document traditional medicinal knowledge in digitized form.
  • It contains over 3.6 lakh formulations from Ayurveda, Siddha, Unani, and Yoga, translated into patent-compatible languages like English, German, and Japanese.
  • ★ Impact: Prevented over 250 patent claims globally, including the famous Neem and Turmeric cases.

• Digitization of Manuscripts:

  • Efforts are underway to digitize ancient texts like the Charaka Samhita and Sushruta Samhita to ensure their accessibility and protection.

Legal Safeguards Against Patenting

• Indian Patents Act, 1970 (Amended in 2005):

  • Section 3(p) explicitly prohibits the patenting of inventions that are mere discoveries of traditional knowledge.
  • ★ Example: The rejection of a patent application for turmeric by the US Patent Office in 1997, based on India's evidence of prior use.

• Biological Diversity Act, 2002:

  • Mandates prior approval from the National Biodiversity Authority (NBA) for accessing biological resources and associated traditional knowledge.
  • Ensures benefit-sharing with local communities.

• Geographical Indications (GI) Act, 1999:

  • Protects region-specific traditional medicinal products like Kashmir Saffron and Madhya Pradesh Kadaknath Chicken.

International Cooperation and Advocacy

• World Intellectual Property Organization (WIPO):

  • India actively participates in WIPO's Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore to advocate for global protection mechanisms.

• Bilateral Agreements:

  • India has signed agreements with countries like the US and Japan to prevent the misappropriation of traditional knowledge.

• Access and Benefit Sharing (ABS):

  • India promotes ABS principles under the Nagoya Protocol, ensuring fair compensation for the use of traditional knowledge.

Awareness and Capacity Building

• Capacity Building for Local Communities:

  • Training programs for tribal and rural communities to document and protect their traditional knowledge.
  • Example: Initiatives by the Tribal Cooperative Marketing Development Federation of India (TRIFED).

• Awareness Campaigns:

  • Campaigns to educate stakeholders, including researchers and pharmaceutical companies, about the ethical use of traditional knowledge.

Challenges in Protecting Traditional Knowledge

• Incomplete Documentation:

  • A significant portion of traditional knowledge remains undocumented, making it vulnerable to exploitation.

• Global Enforcement Issues:

  • Lack of a universally binding framework for the protection of traditional knowledge.

• Limited Awareness:

  • Many local communities are unaware of their rights under existing laws.

Way Forward

• Comprehensive Documentation:

  • Expand the scope of TKDL to include more regional and tribal knowledge systems.
  • Collaborate with local communities for accurate documentation.

• Strengthening International Advocacy:

  • Push for a legally binding international treaty under WIPO to protect traditional knowledge globally.

• Capacity Building:

  • Enhance training programs for local communities to assert their rights and prevent exploitation.

• Technological Integration:

  • Use AI and blockchain to track the use of traditional knowledge and ensure benefit-sharing.

Conclusion

India’s efforts to protect its traditional knowledge of medicine are a blend of documentation, legal safeguards, and international advocacy. By strengthening these measures and addressing existing challenges, India can ensure that its rich heritage is preserved and benefits its rightful custodians. This aligns with SDG 15 (Life on Land) and the DPSP mandate to protect cultural heritage.