Professional Documents
Culture Documents
Traditional Knowledge
Traditional Knowledge
Traditional Knowledge
Introduction:-
Once of the interesting and emerging areas, which are
very much focused globally and given recognition is
intellectual property rights, Intellectual property rights
means those rights resulting from intellectual activity in the
industrial, literary, scientific, or artistic fields. These types of
property are intangible in nature: the owner of such property
may use them absolutely. No other member of the society
can use them lawfully without the authority of the original
owner or propriety during the recent past the development
of intellectual property rights can be seen in the field of
biotechnology, biodiversity and the traditional knowledge
patent law has been extended to the traditional knowledge is
always associated with the biological resources, which is to
be preserved and protected from outside agencies from
being utilized at the cost of possessor of such knowledge.
…
Neem and Turmeric case
The Indian council for scientific and Industrial Research
(CSIR) filed a case with the US patent office challenging
the patent on the grounds of `prior ort \’i.e. existing public
knowledge. CSIR said turmeric has been used for
thousands of years for heading wounds and rashes and
therefore its use as a medicine was not a new invitation.
CSIR also preserved on axiod sanskrith. Text and a paper
published in 1953 in the journal of the Indian medical
association. The US patent often uphold the objection and
cancelled the patent . The turmeric case failed to meet
the novelty criteria.
The European parliament off to (EPO) revoked in its
entirely patent number 436257 which had been grasted to
the USA and Multinational. Corporation W-R. grow for a
fungical derived from the seeds of the neem troc.
Global initiative
LOIPO & UNESCO jointly took the initiative for developing
Model legislation for protection of folklore another attempt
was made by the united nations UN draft Declaration of
Right of indigenous people 1994 though agreed that prior
approval of the community should be obtained before
using T.K. but the claim of ownership was not accepted.
TRIPs did not make any significant provision for protecting
T.K. no. uniform norms were laid down for protection of
T.k. This led WIPO to set op inter governmental committee
on inter actual property and genotic resoaries T.K. of
folklore. The Committee was established as an inter as
and international forum to dobote and dialogue
concerning interplay b/w IPR and T.K. genetic resources
and traditional cultural expression.
The WIPO inter governmental committee identified of T.K.
folklore access to genetic rescores and benefit sharing But
till fifth session of inter governmental committee legal
framework at international level could not be formulated.
Convention on biological diversity (CBD) 1992 has also
recognized contributions of local and indigenous
communities to the construction of sustainable utilization
of biological diversity through T.K. practices and
convention on biological diversity
Innovation.
Article 8(j) of the CBD provides that contracting parties shall
as far as possible of appropriate of subject to their national
legislation, respect, preserve & maintain knowledge,
innovations and practices and encourage the equitable
sharing of the benefits arising from the utilization of such
knowledge, innovations and practices.
Indian initiative
1. Government efforts
a. The govt. of India has prepared medicine, pant
Legislative Effort:
Same efforts in the patent low Biodiversity law and plant
verities law have been mode. They may be briefly named as
a. Potent (Amendment Act) 2002 reflects exam for T.K.
the following provisions are supportive to the
protection of T.K>
1) Innovation based on T.K.of aggregation or duplication
of known properties of T.k. is not patentable.
2 It is compulsory for patent applicant to disclose source
and geographical origin of biological material used in
invention would be good ground for opposing patent
application.
Conclusion :-
The present legal regime in the field of Traditional
knowledge is inadequate and incomplete. the face remains is
that, the tribal people are placed in the disadvantaged
position to enjoy the benefit derived out of their traditional
knowledge like medicinal plants folkdance handicrafts, their
music ceremonies and culture are not documented there is
scope for pirating these by others including multinational
companies. These companies are marketing money by fully
utilizing their knowledge without sharing the profits to them.
Therefore the gout should take immediate measures to
document all type of traditional knowledge possessed by the
tribal people. It this is not done, then big companies at the
cost of the tribal would conjure the intellectual property of
the tribal
Books referred
1. have of intellectual property
Dr. s.myneni
2. Intellectual property Right
Dr. sreenivasulu N.S.