The government has been successful in obtaining UNESCO recognition to traditional medicinal knowledge such as Ayurveda, Yoga, Sowa Rigpa, Unani etc. This has allowed India to establish link with the country of origin and prevent patenting by multinational pharma companies.
How traditional knowledge is protected in India?
Unlike other categories of intellectual property rights, India has no substantive act or law to protect traditional knowledge but other IP acts contain provisions with respect to traditional knowledge such as the Patents Act, 1970, Section 25 and Section 64, gives one of the grounds for revocation of a patent …
Which law is useful in protection of traditional medicine?
7.788/98 (1998). Moreover, the draft Biological Diversity Act of India contains provisions that address the protection of traditional knowledge. To the extent these laws are relevant to a discussion of sui generis systems for the protection of traditional knowledge, they will be discussed below in section IV.
What is the role of Tkdl in protection of traditional knowledge in India explain?
The TKDL has an integrated global biopiracy watch system that allows monitoring of patent applications related to Indian medicinal systems. It enables effective detection of attempts to misappropriate this knowledge by third parties filing applications with patent offices around the world.
What are the functions of traditional knowledge protection of India explain its structure?
The two main features of TKDL are Accessibility and Availability. TKDL provides accessibility in terms of Language, Format and Classification. The traditional Indian knowledge exists in local languages such as Sanskrit, Urdu, Arabic, Persian, Tamil, etc.
Why do we need to protect traditional knowledge and traditional culture?
In summary, the main purpose for the protection of traditional knowledge is to guard against misappropriation and misuse, especially by third parties, preservation of genetic resources and cultural goods, and protection against unfair competition. This will in turn ensure access as well as benefit sharing.
What is traditional knowledge and how can it be protected?
Traditional knowledge in IPR is usually protected through two methods – positive protection and defensive mechanism. Positive protection is the act of providing traditional knowledge holders with the rights to take necessary action and seek remedies against the misuse of the knowledge base.
Can traditional knowledge be patented in India?
The way intellectual property rights have been designed in modern commerce, traditional knowledge cannot be protected. For instance, traditional knowledge cannot be patented because such knowledge lacks inventive character, because of the inherent lack of novelty.
What are the two forms of protection of traditional knowledge?
Systems of traditional knowledge protection
There are two forms of intellectual property related protection systems with regards to traditional knowledge. They are: # Positive protection, i.e. giving traditional knowledge holders the right to take action or seek remedies against any misuse of traditional knowledge.
Which repository has been designed by our Indian government to safe and wrongful patenting of our traditional knowledge?
Traditional Knowledge Digital Library (TKDL) is a pioneering Indian initiative to prevent exploitation and to protect Indian traditional knowledge from wrongful patents mainly at International Patent Offices.
What do you understand by traditional knowledge How does Biological Diversity Act 2002 aim at protecting the traditional knowledge?
The Biodiversity Act – 2002 primarily addresses access to genetic resources and associated knowledge by foreign individuals, institutions or companies, to ensure equitable sharing of benefits arising out of the use of these resources and knowledge to the country and the people.
Does TKDL provide holistic protection to all forms of traditional knowledge?
➢TKDL – Good tool for providing defensive protection but it has its limitations in providing a holistic protection to different forms of TK. ➢TK cannot be protected by domestic measures only due to its widespread nature leading to trans boundary misappropriation.
What is the importance of traditional knowledge?
The transmission of traditional knowledge across generations is fundamental to protecting and promoting indigenous peoples’ cultures and identities and as well as the sustainability of livelihoods, resilience to human-made and natural disasters, and sustaining culturally appropriate economic development.
What is Indian traditional knowledge system?
“Traditional knowledge (TK) refers to the knowledge, innovations and practices of indigenous. and local communities around the world. Developed from experience gained over the. centuries and adapted to the local culture and environment, traditional knowledge is. transmitted orally from generation to generation.
How will traditional intellectual property rights be protected in a digital society?
Ways for Protection of Digital / Intellectual Property:
DRM technologies prevent illegal users in accessing the content. Access is protected through user ID and password, licensing agreements. Another way to protect digital content is through Technical Protection Measures (TPM).
What are the methods of collecting traditional knowledge?
– Data and TK are obtained directly, in situ, through interviews, communications, observations, taking images, recordings, etc., from the communities themselves.