Protection of Traditional

Knowledge associated
with medicines in India

Presented by
Prof. Navanitha Warrier
Assistant Professor,
Jitendra Chauhan College of Law
 Research Objectives

What is Traditional Knowledge?

What is Traditional Medicinal Knowledge(T.M.K)?

Importance of TMK

Whether Indian Legal Regime grants protection to T.M.K

Whether IPR can be used as a tool in protecting and

preserving TMK.

Problems faced in Protecting TMK

Suggestion and Conclusion

 Research
Methodology

•
Partly Doctrinal Partly
Empirical, wherein Survey
and Questionnaire method
will be employed.
Story of Grandmother
of Jungle
 Traditional Knowledge

Knowledge, innovations and practices of indigenous

and local communities around the world.

Developed from the experience gained over the

centuries and adapted to the local culture and
environment.

Transmitted orally from generation to generation.

 Traditional Medicinal
Knowledge

Knowledge possessed by indigenous

healers relating to medicines.

Part of country’s tradition and culture.

80% of world population rely on

traditional medicines. WHO Report
 Protection of Traditional
Knowledge under Indian Legal
Framework
 Geographical Indication of
Patent Act Goods (Registration and
Protection) Act

Biological
Trade Secret
Diversity Act
 Patent Act,1970

❖
Section 3(p) – Non patentable Invention
❖
Section 25(1) - Opposition of Invention
Publicly Known Or
Publicly Used
Geographical Indication

Does not confer monopoly right but limits

categories of persons who can use the
protected product.

But T.M.K is free from boundaries

Biological Diversity Act

Object :Regulation of Access to genetic resources and

associated TK.

S.3 - Certain persons not to undertake Biodiversity

related activities without approval of N B A

S.4 -Results of research not to be transferred to

certain persons without approval of National
Biodiversity Authority
S. 5 – S.s.3 and 4 not to apply to certain
collaborative research projects

S.6 - Application for IPR not to be made

without approval of National Biodiversity
Authority for Inventions based on any research
or info on a Bioresources from India

S.7 - Prior intimation to S.B.A for obtaining

biological resource for Commercial utilization, or
bio-survey and bio-utilization for commercial
utilization
S. 18(4) – NBA can take measure to
oppose granting of patents outside
India

S. 41 – Biodiversity Management
Committee
 Traditional Knowledge
Digital Library

Estd in 2002 by CSIR and AYUSH Dept.

Records approx 35,000 Ayurvedic

medicinal formulas

Details converted into patent application

format

Translated into different languages

Traditional Knowledge
Misappropriation Cases
 Problems Identified

Existing Legal Regime not providing

adequate protection against the risks of
infringement and unauthorised use.

Rights of TMK holders not adequately

protected under existing law
 How can the TMK be
protected???

Sui generis Model Law for the Protection

of Traditional Knowledge associated with
Medicines

Documentation of TMK but access to the

documents to be limited
 How Sui Generis Law
should be??

The TMK should be considered National

Heritage.

Sovereignty of Countries of origin over

TMK.

Sovereignty will be subjected to the rights

of Knowledge holders.
Rights of Holders:

Term of Protection of Tk

Constitution of Tk Protection Authority.

How Access and Benefit Sharing Agreement to

be constituted.

How Profit from ABS to be utilised.

Compliance required for Domestic as well as

Foreign companies while entering into
activities involving TK.

Penalities to be Imposed on Non Compliance.

Thank You