Traditional Knowledge – The New IPR Dimension Author: Prakash George M | Volume II Issue V |

Abstract:

In the olden days people were not having the medicines that are available as of today, but still they cured the disease that were there in the midst. They used the natural herbs and shrubs for the healing purpose, sometimes the animal extracts too which helped them to heal. They used the sun and the stars to follow the directions. These are the knowledge they received from their forefathers and they passed it to the next generation. There is no written document of such traditional knowledge all it existed in oral way. With the advancement of technology and science one has forgotten these techniques and were forgotten. Now there are only a handful of people who are aware of such knowledge. Time has changed now people are researching on the traditional methods of healing and finding resources. India is country which is rich in traditional resources and many traditional knowledges are there which are either in old languages or in Sanskrit. These languages are not known to the world at large and because of this many European countries took advantages of it and they registered the patent under their name which originally belongs to us in the field of traditional knowledge. In order to prevent this India has developed a system known as TKDL which will help other countries to know the traditional knowledge resources of India and preventing them from registering the same in their name. at present nearly 13 countries have signed the inter-governmental agreement in collaboration with CSIR. Department of AYUSH is also in process of incorporating the Yoga into the traditional knowledge in its list and the same is in under process.

Keywords: traditional knowledge, TKDL, traditional cultural expressions,Expression of folklore

Abbreviations used in this article:

TK – Traditional knowledge

WIPO – World Intellectual Property Organization

UNESCO – The United Nations Educational, Scientific and Cultural Organization

AYUSH- Ayurvedic, Yoga and Naturopathy, Unani, Siddha and Homeopathy

TRIPS – Trade Related Aspects of Intellectual Property Rights (now known as WIPO)

GI – Geographical Indications

CSIR – Council for Scientific and Industrial Research

USPTO- United States Patent and Trade Mark Office

EPO- European Patent Office

Main text

It’s a siddhi, its karma, the person has got some traditional knowledge etc. we say when one does a thing in a divergent way which is not known to other sections of the society but in a traditional way. Such knowledge is obtained through hereditary or by studying the old traditional techniques from any material and reliable source which has proved worthy to save the community. It’s the knowledge that exists only in the particular section of the community everyone is not possessing such kind of knowledge. It is preserved by the particular community only and is passed on to generation to generationby passing on the knowledge which they possess from their ancestors. It’s the dissemination of the knowledge in order to save the culture and the knowledge.

विद्याददातिविनयंविनयाद्यातिपात्रताम्
पात्रत्वाद्धनमाप्नोतिधनाद्धर्मंततःसुखम्॥५॥

Vidya DadatiVinayam, Vinaya DadatiPaatrataam

PaatratvaDhanamaapnoti, DhanaatDharmamTatahSukham

The meaning of the above Sanskrit slok is (true/complete) knowledge gives discipline, from discipline comes worthiness, from worthiness one gets wealth, from wealth (one does) good deeds, from that (comes) joy

We can see that it’s the knowledge that gives us the discipline and is a wealth of good deeds and from that we can achieve joy the internal peace. This is what about the traditional knowledge. Only a handful person does posses this knowledge and they found rarely. One needs to preserve the knowledge so that the next generation can use the same knowledge and the community, culture, system etc. can be maintained and will never be extinguished from the world. Today if we look a glance at current scenario of the world then we can see that the traditional knowledge is in the verge of extinct and the people who are having such traditional knowledge is found rarely. These are the people who are not living in developed cities of the world but in the wilderness and they are not look forward by any section of the society, even to that extent that whether they exist or not is not known to the generation of today. They are called as the indigenous communities. They use the traditional knowledge for their survival which they received from their forefathers and the same is transferred to their children’s. But with the development of the cities and acquiring the adjourning areas such communities are now seen rarely and the knowledge which they used to have is in extinct mode.

What is Traditional Knowledge?

Traditional knowledge is the knowledge that are used by the indigenous people of the particular community/society where they rely upon the natural resource to heal and find the resources for their daily life style. They rely upon the herbs, shrubs, animal extracts for the healing of any kind of wounds and for finding of resources for their daily life.  They relay upon such knowledge and the same is passed on to generation to generation.

 As per WIPO it is defined as Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity.

Again, the definition is not exhaustive one and further in its general sense states that TK in a general sense embraces the content of knowledge itself as well as traditional cultural expressions, including distinctive signs and symbols associated with TK.

TK in the narrow sense refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations.

What is traditional cultural expression

As per WIPOArticle 4(3) of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) defines cultural expressions as “those expressions that result from the creativity of individuals, groups and societies, and that have cultural content.”[1] The term traditional knowledge is defined in a definitive way hence the we have to understand the term in its usual and natural meaning.

If we combine the meaning of traditional knowledge and cultural expression then we can frame that traditional knowledge is something the is used in a customary (traditionally) way and includes sign symbol or expression which is innovative and unique in itself and used only by a definitive community or society of a region and such procedure which they follow generation after generation, in a way it can be said that now it has become a law for them. These knowledges are used for the survival of the community during the earlier periods and still using the same way without any change for their existence and survival.

From the meaning we can get one more word from it and that is customary context and customary laws. Again, if we see the definition as provided by WIPO then both the term is having a distinctive meaning and exhaustive one

“Customary context” refers to the utilization of traditional knowledge or cultural expressions in accordance with the practices of everyday life of the community, such as, for instance, usual ways of selling copies of tangible expressions of folklore by local craftsmen. (Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, 1982, Part III, para. 42.)

Customary law and practice

As per Black’s law dictionary it means “customary law” as law “consisting of customs that are accepted as legal requirements or obligatory rules of conduct; practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they were laws.”

As per WIPO the term is defined as “locally recognized principles, and more specific norms or rules, which are orally held and transmitted, and applied by community institutions to internally govern or guide all aspects of life.”[2]

Expression of folklore

In the WIPO-UNESCO Model Provisions, 1982, “expressions of folklore” are productions consisting of characteristic elements of the traditional artistic heritage developed and maintained by a community of a country or by individuals reflecting the traditional artistic expectations of such a community, in particular:

• Verbal expressions, such as folk tales, folk poetry and riddles;
• Musical expressions, such as folk songs and instrumental music;
• Expressions by action, such as folk dances, plays and artistic forms or rituals; whether or not reduced to a material form; and
• Tangible expressions. (Model Provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and Other Prejudicial Actions, Section 2.)

The terms “Traditional Cultural Expressions” (TCE) and “expressions of folklore” are synonyms and sometimes used interchangeably.

Folklore

As defined in the UNESCO Recommendation on the Safeguarding of Traditional Culture and Folklore (1989), “folklore (or traditional and popular culture) is the totality of tradition-based creations, of a cultural community, expressed by a group or individuals and recognized as reflecting the expectations of a community in so far as they reflect its cultural and social identity; its standards and values are transmitted orally, by imitation or by other means. Its forms are, among others, language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts.”

From all the above terms we can find some characteristics of the term traditional knowledge

• It’s a is knowledge, know-how, skills and practice
• Such knowledge is developed, sustained and passed on from generation to generation
• Such knowledge is developed within a community, often forming part of its cultural or spiritual identity
• It is used in a customary (traditionally) way
• Customary can be expressed as the utilization of traditional knowledge or cultural expressions in accordance with the practices of everyday life of the community
• It is locally recognized principles, and more specific norms or rules, which are orally held and transmitted, and applied by community institutions to internally govern or guide all aspects of life
• its standards and values are transmitted orally, by imitation or by other means
• Its forms are, among others, language, literature, music, dance, games, mythology, rituals, customs, handicrafts, architecture and other arts

Objectives of protection of TK

The main objective for protection of traditional knowledge is enshrined in the intergovernmental committee on intellectual property and genetic resources, traditional knowledge and folklore a committee formed by WIPO and per it the listed below are the objective of protection of Traditional Knowledge[3]

• Recognize value

Recognize the holistic nature of traditional knowledge and its intrinsic value, including its social, spiritual, economic, intellectual, scientific, ecological, technological, commercial, educational and cultural value, and acknowledge that traditional knowledge systems are frameworks of ongoing innovation and distinctive intellectual and creative life that are fundamentally important for indigenous and local communities and have equal scientific value as other knowledge systems;

• Promote respect

Promote respect for traditional knowledge systems;  for the dignity, cultural integrity and intellectual and spiritual values of the traditional knowledge holders who conserve and maintain those systems;  for the contribution which traditional knowledge has made in sustaining the livelihoods and identities of traditional knowledge holders;  and for the contribution which traditional knowledge holders have made to the conservation of the environment, to food security and sustainable agriculture, and to the progress of science and technology;

• Meet the actual needs of holders of traditional knowledge

Be guided by the aspirations and expectations expressed directly by traditional knowledge holders, respect their rights as holders and custodians of traditional knowledge, contribute to their welfare and economic, cultural and social benefit and reward the contribution made by them to their communities and to the progress of science and socially beneficial technology;

• Promote conservation and preservation of traditional knowledge

Promote and support the conservation and preservation of traditional knowledge by respecting, preserving, protecting and maintaining traditional knowledge systems and providing incentives to the custodians of those knowledge systems to maintain and safeguard their knowledge systems;

• Empower holders of traditional knowledge and acknowledge the distinctive nature of traditional knowledge systems

Be undertaken in a manner that empowers traditional knowledge holders to protect their knowledge by fully acknowledging the distinctive nature of traditional knowledge systems and the need to tailor solutions that meet the distinctive nature of such systems, bearing in mind that such solutions should be balanced and equitable, should ensure that conventional intellectual property regimes operate in a manner supportive of the protection of traditional knowledge against misappropriation, and should effectively empower traditional knowledge holders to exercise due rights and authority over their own knowledge;

• Support traditional knowledge systems

Respect and facilitate the continuing customary use, development, exchange and transmission of traditional knowledge by and between traditional knowledge holders;and support and augment customary custodianship of knowledge and associated genetic resources, and promote the continued development of traditional knowledge systems;

• Contribute to safeguarding traditional knowledge

While recognizing the value of a vibrant public domain, contribute to the preservation and safeguarding of traditional knowledge and the appropriate balance of customary and other means for their development, preservation and transmission, and promote the conservation, maintenance, application and wider use of traditional knowledge, in accordance with relevant customary practices, norms, laws and understandings of traditional knowledge holders, for the primary and direct benefit of traditional knowledge holders in particular, and for the benefit of humanity in general;

• Repress unfair and inequitable uses

Repress the misappropriation of traditional knowledge and other unfair commercial and non‑commercial activities, recognizing the need to adapt approaches for the repression of misappropriation of traditional knowledge to national and local needs;

• Respect for and cooperation with relevant international agreements and processes

Take account of, and operate consistently with, other international and regional instruments and processes, in particular regimes that regulate access to and benefit‑sharing from genetic resources which are associated with that traditional knowledge;

• Promote innovation and creativity

Encourage, reward and protect tradition‑based creativity and innovation and enhance the internal transmission of traditional knowledge within indigenous and traditional communities, including, subject to the consent of the traditional knowledge holders, by integrating such knowledge into educational initiatives among the communities, for the benefit of the holders and custodians of traditional knowledge;

• Ensure prior informed consent and exchanges based on mutually agreed terms

Ensure prior informed consent and exchanges based on mutually agreed terms, in coordination with existing international and national regimes governing access to genetic resources;

• Promote equitable benefit‑sharing

Promote the fair and equitable sharing and distribution of monetary and
non‑monetary benefits arising from the use of traditional knowledge, in consistency with other applicable international regimes, the principle of prior informed consent and including through fair and equitable compensation in special cases where the individual holder is not identifiable or the knowledge has been disclosed;

• Promote community development and legitimate trading activities

If so desired by the holders of traditional knowledge, promote the use of traditional knowledge for community‑based development, recognizing the rights of traditional and local communities over their knowledge;  and promote the development of, and the expansion of marketing opportunities for, authentic products of traditional knowledge and associated community industries, where traditional knowledge holders seek such development and opportunities consistent with their right to freely pursue economic development;

• Preclude the grant of improper IP rights to unauthorized parties

Curtail the grant or exercise of improper intellectual property rights over traditional knowledge and associated genetic resources

• Enhance transparency and mutual confidence

Enhance certainty, transparency, mutual respect and understanding in relations between traditional knowledge holders on the one hand, and academic, commercial, educational, governmental and other users of traditional knowledge on the other, including by promoting adherence to ethical codes of conduct and the principles of free and prior informed consent;

• Complement protection of traditional cultural expressions

Operate consistently with protection of traditional cultural expressions and expressions of folklore, respecting that for many traditional communities their knowledge and cultural expressions form an indivisible part of their holistic identity.

Applicable areas of Traditional knowledge

• Agricultural
• Healthcare
• Traditional medicinal
• Biodiversity
• Environment
• Traditional lifestyle
• Traditional use of natural resources
• Traditional construction and architectural technique
• mechanism for Water collecting
• Agro-forestry
• Local healing techniques
• Animal husbandry system
• Religious ceremonies

In which category should the traditional knowledge be assigned

This is a question which is debating throughout the world now. As such one is not sure that in which category should be assigned to traditional knowledge in the intellectual property rights. It can be assigned to patent, copyright, Trademark, biodiversity etc

WIPO has established in the 2000 an organization for this known as Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) and in the year 2009 it has agreed to make a legal instrument where it would give protection to the traditional knowledge. The committee has agreed to come out an agreement of the following categories which ensures that these categories being part and parcel of intellectual property and these rights should be protected and no country should take undue advantage of it and a balanced and effective protection. These categories are[4]

• genetic resources (GRs)
• traditional knowledge (TK)
• traditional cultural expressions (TCEs)

Two types of intellectual property protection are being sought:

• Defensive protection aims to stop people outside the community from acquiring intellectual property rights over traditional knowledge. India, for example, has compiled a searchable database of traditional medicine that can be used as evidence of prior art by patent examiners when assessing patent applications. This followed a well-known case in which the US Patent and Trademark Office granted a patent (later revoked) for the use of turmeric to treat wounds, a property well known to traditional communities in India and documented in ancient Sanskrit texts. Defensive strategies might also be used to protect sacred cultural manifestations, such as sacred symbols or words from being registered as trademarks.
• Positive protection is the granting of rights that empower communities to promote their traditional knowledge, control its uses and benefit from its commercial exploitation. Some uses of traditional knowledge can be protected through the existing intellectual property system, and a number of countries have also developed specific legislation. However, any specific protection afforded under national law may not hold for other countries, one reason why many indigenous and local communities as well as governments are pressing for an international legal instrument.[5]

Generally, all the signatory countries will be preferring the first method of protection of traditional knowledge rather than opting for the second option.

India and traditional knowledge:

India is a hub and a pandoras box for the deposits of traditional knowledge. India is a country where the whole nation system follows the traditional system even in the 21^st century. From birth to marriage and from marriage to the burial of a person. We are following the traditional custom even today and we want to preserve the system for the next generation where the new generation is slowly and gradually declining the traditional way of living. India has got a huge source of traditional knowledge and all those rights have to be protected. India believes in the traditional knowledge but the problem with the India was that nothing was in document form or in other words nothing existed on paper all it existed was in the tradition and the knowledge was passed on from generation to generation.

Out of the 34-biodiversity hotspot globally, India is having 4 such hotspot situated at the Himalayas, the western Ghats, the North-East and the Nicobar Islands. India is rich in traditional knowledge associated with biological resources. This traditional knowledge is both coded, as in the texts of Indian systems of medicine such as Ayurveda, Unani and Siddha; and non-coded, which exists in the oral undocumented traditions. There is a separate Department in the Government, AYUSH that deals with developing and propagating officially recognized ancient and holistic systems namely, Ayurveda, Yoga, Naturopathy, Siddha, Unani and Homeopathy which have been making significant contributions towards the health care of the people. There are nearly 6560 species of Indian medicinal plants have been recorded across these codified systems as well as folk traditions of health practices across 4635 ethnic communities of the country[6].

In order to protect the traditional knowledge, it needs a special legislation but the drawback is that Indiadoes not have such a legislation which will protect the traditional knowledge. If we look to the patent act 1970 in section 3 clause p of the act states that an invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components. This section protects the traditional knowledge to an extent to the creator of the work. Again in section 25 (1) (k) states about the protection of traditional knowledge and it says that “that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground, and the Controller shall, if requested by such person for being heard, hear him and dispose of such representation in such manner and within such period as may be prescribed.” This section too protects the right of the traditional knowledge and the rights of indigenous people. This right can be invoked by a person (any person who is interested in the subject matter) when the application for patent is registered but before the grant of patent is granted to the applicant. And section 25 (2) says about the opposition of grant of patent which states that At any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent, any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds, and section 25 (2) (k) further states about the ground of opposition of patent for  traditional knowledge and accordingly it states that that the invention so far as claimed in any claim of the complete specification was anticipated having regard to the knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere, but on no other ground.

In order to invoke section 25 (2)(k) there is a limitation period. The period is one year from the date of publication of patent. Any person who is interested in the protection of traditional knowledge can file this application and can stop the creator from misusing the right that which is available solely to the indigenous people and is a source of traditional knowledge.

Many of our traditional knowledge are in unwritten form and they are in oral form only. Because of this many other countries were not aware of the traditional knowledge and those countries were registering the subject matter under their legislation.  As our repositories of traditional knowledge were in unwritten form it happened that what was ours being registered by other countries and in order to save the registration by the other countries we have made all the unwritten traditional knowledge into written one and documented it and thus  we saved our traditional knowledge being registered by other countries. The major area in which we have got the traditional knowledge is in the filed of medicinal faculty. All the JadiBhuttiswhich are used in healing purpose are to an extent origined from us and the same is used from time immemorial period.

Some of the major cases for which we fought for regaining our right were the following cases all are having medicinal value and is used in various healing techniques used from Vedic period

Turmeric case

Turmeric is a tropical herb grown in east India. Turmeric powder is widely used in India as a medicine, a food ingredient and a dye to name a few of its uses³. For instance, it is used as a blood purifier, in treating the common cold, and as an anti-parasitic for many skin infections. It is also used as an essential ingredient in cooking many Indian dishes. In 1995, the United States awarded patent on turmeric to University of Mississippi medical center for wound healing property. The claimed subject matter was the use of “turmeric powder and its administration”, both oral as well as topical, for wound healing. An exclusive right has been granted to sell and distribute. The Indian Council for Scientific and Industrial Research (CSIR) had objected to the patent granted and provided documented evidences of the prior art to USPTO. Though it was a well known fact that the use of turmeric was known in every household since ages in India, it was a herculean task to find published information on the use of turmeric powder through oral as well as topical route for wound healing. Due to extensive researches, 32 references were located in different languages namely Sanskrit, Urdu and Hindi. Accordingly the USPTO revoked the patent, stating that the claims made in the patent were obvious and anticipated, and agreeing that the use of turmeric was an old art of healing wounds. Thus the TK that belonged to India was safeguarded in Turmeric case.

The Neem Case

A tree legendary to India, from its roots to its spreading crown, the Neem tree contains a number of potent compounds, notably a chemical found in its seeds named azadirachtin. It is used as an astringent in so many fields. The barks, leaves, flowers, seeds of neem tree are used to treat a variety of diseases ranging from leprosy to diabetes, skin disorders and ulcers. Neem twigs are used as antiseptic tooth brushes since time immemorial. The patent for Neem was first filed by W.R. Grace and the Department of Agriculture, USA in European Patent Office. The said patent is a method of controlling fungi on plants comprising of contacting the fungi with a Neem oil formulation. India opposed this registration and said the technique existed from a long time period. The opposition was logedged by Research Foundation for Science, Technology and Ecology (RFSTE), in co-operation with the International Federation of Organic Agriculture Movements (IFOAM) and Magda Aelvoet, former green Member of the European Parliament (MEP).  We had submitted evidence of ancient Indian ayurvedic texts that have described the hydrophobic extracts of neem seeds were known and used for centuries in India, both in curing dermatological diseases in humans and in protecting agricultural plants form fungal infections.

The EPO identified the lack of novelty, inventive step and possibly form a relevant prior art and revoked the patent. Apart from this, several US patents were recently taken out Neem-based emulsions and solutions.

The basmati case:

Basmati means the “queen of fragrance or the perfumed one” and is grown particularly in the region of India and Pakistan. Of which the Indian varieties included the Safidon, Haryana, Kasturi (Baran, Rajasthan), Basmati 198, Basmati 217, Basmati 370, Kasturi, Mahi Suganda and the Pakistani verities included the Basmati 370, Super Basmati, Pak (Kernal) Basmati, Basmati 386, Basmati 385 and Basmati 198.

An American company RiceTec Inc. was granted a patent by the US patent office to call the aromatic rice grown outside India “Basmati” in 1997, India objected to it. India has been one of the major exporters of Basmati to several countries and such a grant by the US patent office was likely to affect its trade. As Basmati rice is traditionally grown in India and Pakistan, both the countries was opined that granting patent to RiceTec violated the Geographical Indications Act under the TRIPS agreement. The use of a GI may act as a certification that the product possesses certain qualities, or enjoys a certain reputation, due to its geographical origin. RiceTec’s usage of the name Basmati for rice which was derived from Indian rice but not grown in India, and hence not of the same quality as Basmati, would have lead to the violation of the concept of GI and would have been a deception to the consumers.

India collected all the required data and compiled it together and after a huge struggle for nearly 2.6 years she challenged the patents of Ricetec Inc. in the year 2000. on the basis of the documentations provided by India the USPTO (United States Patent and Trade Mark Office) issues patents to three out of twenty strains of hybrid basmati grain.

What did India do to protect its Traditional Knowledge

With all the above-mentioned cases being defended by India in order to protect her traditional knowledge she prepared a database called Traditional Knowledge Digital Library (abbreviated as TKDL) in the year 2001 This has codified all the unwritten knowledge. The formation of TKDL is a collaborative project between Council of Scientific and Industrial Research (CSIR), Ministry of Science and Technology and Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy (AYUSH), Ministry of Health and Family Welfare. The library is consisting of 34 million pages (standard page size) and more than 3.6 lakh formulations/ practices have been transcribed into the TKDL database. This has enabled India to protect her tradition knowledge and also to other countries that such traditional knowledge belongs to India and should not be registered over the country.  TKDL has initiated the process of incorporating yoga as traditional knowledge and has already transcribed 14 old books which are available on the public domain and about 900 postures of yoga.  Our traditional knowledges existed in the langue of Sanskrit, Urdu, Arabic, Persian and Tamil which is neither available nor can be understood by patent examiners even in case of availability, at international patent offices and hence they were not able to understand the manuscript of the traditional knowledge. By the development of TKDL the Government of India has translated all the documents related to Tk into English, German, French, Japanese and Spanish languages by which the international patent office can be able to access it and can understand it.

The main objective of TKDL is as follows:

• Seeks to prevent the granting of patents for products developed utilizing TK where there has been little, if any, inventive step
• Intends to act as a bridge between information recorded in ancient Sanskrit and patent examiners (with its database containing information in a language and format understandable to patent examiners)
• Facilitates access to information not easily available to patent examiners, thereby minimizing the possibility that patents could be granted for “inventions” involving only minor or insignificant modifications

The Government of India has granted access to this library to the international patent office under a non-disclosure agreement by and between CSIR and respective International Patent Office. Under the agreement the main objective is to achieve the following

1. Access to TKDL by the examiners of an international patent office would only be utilized for patent search and examination, and
2. International Patent Offices and their examiners would not make any third-party disclosure other than what is necessary and essential for the purpose of patent search and examination.

As per the Cabinet Committee on Economic Affairs at preset 13 countries, including India, were granted the access to TKDL. These countries are

• European Patent OfficeFebruary 2009
• Indian Patent Office
• German Patent Office October, 2009
• United States Patent and Trademark Office July 2009
• United Kingdom Intellectual Property OfficeFebruary, 2010
• Canadian Intellectual Property Office February, 2010
• IP Australia January, 2011
•  Japan Patent Office April, 2011
• Chile Patent OfficeMay, 2014 amendment in October 2017
• Intellectual Property Corporation of MalaysiaOctober 2015
• Rospatent- Intellectual Property Office of RussiaJune, 2017
• Peru Patent OfficeJune, 2017
• Spanish Patent and Trademark OfficeApril 2019

Benefits derived from TKDL

After the successful accomplishment of the TKDL software and thereby the dissemination of the traditional knowledge into the five major international languages has made India to secure its traditional knowledge and the other countries has to take-back their application for from the patent office. As of now nearly 2 40 applications were withdrawn by various countries including EU.

Conclusion:

From the above we can say that its high time to protect the traditional knowledge and secures the valuable knowledge of the indigenous people of the world before the world forgets them and their culture, knowledge et al. India has contributed a milestone in this regard by making TDKL software by securing and transcribing the traditional knowledge into five major international languages. These knowledges were available in India is either Sanskrit or in other languages and some the languages are not even in existence in today.

Some of the tv programme where we can see the use of traditional knowledge is Primal Survivor telecasted on National Geography Channel, Man vs Wild on Discovery Channel, Indian Film where traditional knowledge is used is Das Avathar.

[1]https://www.wipo.int/tk/en/resources/glossary.html accessed on 02/04/2020

[2] Protection Rights over Traditional Knowledge: Implications of Customary Laws and Practices, Research Planning Workshop, Cusco, Peru, 20-25 May, 2005.

[3] intergovernmental committee onintellectual property and genetic resources,traditional knowledge and folklore, Sixteenth SessionGeneva, May 3 to 7, 2010 , THE PROTECTION OF TRADITIONAL knowledge REVISED OBJECTIVES AND PRINCIPLES(WIPO/GRTKF/IC/16/5)

[4]Report on the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore(IGC), Assemblies of the Member States of WIPO, September 30 to October 9, 2019.

[5]https://www.wipo.int/pressroom/en/briefs/tk_ip.html accessed on 03/04/2020

[6]http://nbaindia.org/uploaded/Biodiversityindia/5th_NationalReporttoCBD.pdf accessed on 03/04/2020

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