Mumbai: Traditional Knowledge (TK) and Traditional Cultural Expression (TCE) reflecting a community's cultural and social identity, handed down generations, may soon be recognized as a form of intellectual property. TK and TCEs are innovations and creative expressions of local communities and products of creative intellectual activity, which need to be protected and safeguarded to prevent their misuse.
The move has a special relevance for India in its pursuit of protecting and safeguarding its traditional healthcare and rich cultural heritage, given the fact that it has faced such disputes in the past. Several patents based on Indian TK have been unduly granted to third parties throughout the world. Calls for the protection of traditional medical knowledge are often based on a number of cases involving misappropriation by unauthorized third parties, who have patented compoundsderived from traditional medicines without the prior consent of traditional medical knowledge holders, and without fair compensation. Examples of patents based on traditional Indian medicine have included the use of turmeric for healing wounds, the anti-fungal properties of neem, and a diabetes medicine made from extract of jamun. All three patents were subsequently revoked.
Other cases globally include that involving Maasai people of Kenya and Tuareg (also Touareg), a tribe which inhabit parts of North Africa. The word "Maasai" is used in connection with a range of goods (from Land Rover cars, to running shoes, to Louis Vuitton towels, hats, scarves and bags) as also in tourism and hospitality services, while Volkswagen manufactures the SUV Touareg.
Johannes Christian Wichard, deputy DG, World Intellectual Property Organisation, told TOI: "TK and TCEs may soon be protected as IP rights, just like patents or copyright, provided the negotiations in the IGC (Intergovernmental Committee on Intellectual Property and Genetic Resources) reach a consensus. We have observed cases of alleged traditional knowledge misappropriation all around the world. South Africa, Brazil, Peru, Kenya (involving the Maasai people), Australia and Indonesia are just some of the countries where the more famous cases come from. These cases involve a wide range of traditional resources, such as biodiversity-related knowledge, herbal remedies, folk music and indigenous
names and designs," he added.
The IGC is involved in negotiations to develop an international legal mechanism that would give traditional knowledge, genetic resources and traditional cultural expressions (folklore) effective protection.
Traditional art, crafts, music, medicine, designs, architecture and motifs, which may be in tangible or intangible forms, will be considered a form of intellectual property. Simply put, these are forms in which traditional knowledge and culture are expressed, communicated and manifested, and may include know-how, skill, innovation, practices and learning.
As such, it is not easily protected by the existing intellectual property system, which typically grants protection for a limited period to inventions and original works by named individuals or companies.
"India is recognized as a world leader in the fight against misappropriation of TK. India's Traditional Knowledge Digital Library (TKDL) has set an example for other countries to follow", Wichard said. To combat misappropriation of its TK, and in particular the rich heritage of traditional healthcare systems, the Indian government set up TKDL.
TKDL is a digitized record of previously published traditional medicinal knowledge, which has been made available to patent offices through non-disclosure access agreements in an effort to prevent the granting of erroneous patents. As such, it provides "defensive" protection (avoidance of IP rights granted to third parties) for TK that is already publicly available.
"While India has put in place an efficient system for combating misappropriation of TK in place, and a number of countries have adopted legislation to protect TK, there is an absence of a framework for the protection of TK at an international level. The text being negotiated at the IGC would provide for the sui generis protection of TK, through the granting of rights to TK holders," he added.PROTECTING RIGHT ON TRADITION
Several patents based on Indian traditional knowledge have been unduly granted to third parties throughout the world
Under the latest initiative, traditional art, crafts, music, medicine, designs, architecture and motifs —tangible or intangible — will be considered a form of intellectual property
Patents based on traditional Indian medicine have included the use of turmeric for healing wounds, the antifungal properties of neem, and a diabetes medicine made from jamun. All three were subsequently revoked
Other cases globally include Maasai people of Kenya and North African tribe of Tuareg (also Touareg) — 'Maasai' is used in connection with a range of goods (from Land Rovers to Louis Vuitton products and hospitality services while Volkswagen manufactures the SUV Touareg  |
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