Traditional Knowledge (TK) and its Intellectual Property (IP)

Consideration of equity
Conservation questions
The maintenance of traditional customs and community
Prevention of appropriation of components of TK by unauthorized persons
Promoting its applications and emphasising its value for growth

1. Dr. IshwarPrakash Sharma
(Scientist-C)
Herbal Research Division
Patanjali Research Foundation, Haridwar, Uttarakhand
Traditional Knowledge (TK) and its Intellectual
Property (IP)

2. Traditional Knowledge (TK)
Collective
Responsibility &
Ownership
Transmitted
Orally Across
Generations
Medicinal, Agricultural
& Ecological Knowledge
Music & Dance,
Stories & Poetry
Spiritual Expression
Artesunate
(Handicrafts)
ConstantlyEvolving

3. Architects

4. Culture

5. Agriculture, Agricultural Tools, Traditional Dishes

6. Traditional Medicine

7. TK: A Multi-Faceted Concept
Tradition-
based
Creations
Spiritual &
Religious Beliefs
Aesthetics
(Art, Entertainment)
Education
history, traditions, ethics
Cultural Identity
Practical
Knowledge
Oral Tradition
Emphasis on
Community

8. Kinds of Property
•Movable Property
Car, Pen, Furniture, Dress
•Immovable Property
Land, Building
•Intellectual Property
Literary works, inventions
•literary, artistic and scientific works
•performances of performing artists,
phonograms, and broadcasts
•inventions in all fields of human endeavor
•scientific discoveries
•Industrial designs
•trademarks, service marks and commercial
names and designations
•protection against unfair competition
and all other rights resulting from intellectual
activity in the industrial, scientific, literary or
artistic fields
(WIPO Convention)

9. Different Types of IP Rights in India
The Copyrights Act, 1957 (“Copyright Act”)
The Trade Marks Act, 1999 (“Trade marks Act”)
The Patents Act, 1970 (“Patents Act”)
The Design Act, 2000 (“Design Act”)
The Geographical Indications of Goods (Registration and
Protection) Act, 1999 (“GI Act”)
The Protection of Plant Varieties and Farmer’s Rights Act, 2001
(“Plant Varieties Act”)
The Semiconductor Integrated Circuits Layout-Design Act, 2000
(“SICLD Act”)

10. Protecting TK: What are the Benefits
Increases
opportunities for
socio-economic
development
Provides rights for TK holders
Preserves
knowledge base of
communities
Creates added value
for humankind
Provides
opportunities for
sharing benefits of
TK
Enables participation
in global markets

11. IP Protection of TK
Traditional Knowledge is contemporary: a continuing
response by individuals and communities to challenges posed
by their environment
Documentation &
preservation of TK
Promote & disseminate
creativity & innovation
IP Protection

12. The Challenge …..
IP mechanisms do not
cover non-systematic,
undocumented
knowledge
Customary law is not
applicable outside the
community

13. Problems Confronting TK Holders
Rejection of tradition by new generation and encroachment of
modern lifestyles
“Modern” science may deem traditional knowledge inferior
Dilution of traditional knowledge and practices through
acculturation and diffusion
Commercial exploitation by “others”, e.g. bioprospecting, use
of indigenous designs

14. Key Reasons for Granting TK Security
Consideration of equity
Conservation questions
The maintenance of traditional customs and
community
Prevention of appropriation of components of TK by
unauthorized persons
Promoting its applications and emphasising its value
for growth
Conclusion
Cultural backbone of any country or community