Traditional Knowledge Essay

3886 words - 16 pages

Asia-Pacific Database on Intangible Cultural Heritage (ICH) by Asia-Pacific Cultural Centre for UNESCO (ACCU)

Sub-Regional Experts Meeting in Asia on Intangible Cultural Heritage: Safeguarding and Inventory-Making Methodologies (Bangkok, Thailand, 13-16 December 2005)

TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

V.K. GUPTA, National Institute of Science Communication And Information Resources (NISCAIR) Council of Scientific and Industrial Research (CSIR), INDIA

CONTENTS

I. INTRODUCTION II. PROBLEM DIMENSIONS IN THE INDIAN SCENARIO: SCALE OF MISAPPROPRIATION OF DISCLOSED TK III. HORIZONTAL INTEGRATION INTO IPO PRIOR ART SEARCH SYSTEMS IV. CURRENT STATUS OF TKDL V. TKDL: TOOL FOR ...view middle of the document...

The case of the revocation of the patent granted to W.R. Grace Company and US Department of Agriculture on Neem (EPO patent No. 436 257) by European Patent Office, again on the same grounds of its use having been known in India, is another example. 2. Following these experiences of wrongful patenting, TKDL project was formally established in June 2001 through a memorandum of understanding between Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH) (erstwhile Department of Indian Systems of Medicine and Homoeopathy, ISM&H) and National Institute of Science Communication And Information Resources (NISCAIR) (erstwhile National Institute of Science Communication, NISCOM) in order to prevent further misappropriation of disclosed Traditional Knowledge (TK) through similar wrong patents in the future. 3. The first presentation on TKDL was made at international level during third session of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) in June 2002. Details are present in document WIPO/GRTKF/IC/3/6, paragraphs 38 to 42. 4. TK documentation lacked a classification system. Therefore, a modern classification system based on the structure of International Patent Classification (IPC) was evolved. This has been established for Ayurveda and Unani and has been named as Traditional Knowledge Resource Classification (TKRC). The concepts of TKRC were presented at the committee of experts meeting of IPC Union in February 2001, which constituted a WIPO-TK Task Force comprising United States Patent and Trademark Office, European Patent Office, China, Japan and India to further study the possibility of linking and/or integrating TKRC developed by India with IPC. Subsequently, the Task Force in February 2002 recognized the need of having more detailed level of classification relating to medicinal plants and recommended for adding a subclass A61. In February 2003 the Committee of Experts recommended: • inclusion of 200 subgroups on TK against earlier single subgroup on medicinal plants (A61K 35/78); • linking of TKRC to IPC, and continuation of work on biodiversity, TK and TCE. Subsequently, in the Thirty fifth meeting of committee of experts of IPC Union held in October 2004, as a result of the presentation made on TKDL and concordance table between IPC and TKRC, a decision was taken to link IPC with TKRC which will be posted at the WIPO website. This is likely to have significant impact on the system of search and

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Asia-Pacific Database on Intangible Cultural Heritage (ICH) by Asia-Pacific Cultural Centre for UNESCO (ACCU)

examination while granting patents in the area of traditional knowledge whereby the possibilities of grant of wrong TK patents shall get significantly reduced. II PROBLEM DIMENSIONS IN THE INDIAN SCENARIO: SCALE OF MISAPPROPRIATION OF DISCLOSED TK Background to TKDL 5. As indicated by the Indian experience, defensive and positive...

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