The protection of traditional knowledge in the field of medicine from patenting by pharmaceutical companies is a critical concern for the Government of India. With a rich history of traditional healing practices deeply rooted in its cultural heritage, India acknowledges the need to safeguard these age-old remedies from exploitation and misappropriation. In recent years, the country has taken significant steps to address the challenges posed by the pharmaceutical industry’s attempts to patent traditional medicinal knowledge. One notable initiative is the establishment of a robust legal framework that seeks to prevent the misappropriation of traditional knowledge through stringent patent laws and regulations. The government has introduced provisions that require thorough documentation and evidence of the novelty and non-obviousness of any medicinal knowledge claimed in patent applications. Additionally, the authorities have implemented measures to facilitate the involvement of traditional knowledge holders in the patent examination process, ensuring that their insights and expertise are considered in the evaluation of patent claims. These efforts reflect a commitment to preserving India’s cultural and medicinal heritage, promoting fairness, and fostering a balance between the interests of pharmaceutical companies and the protection of traditional knowledge in the realm of medicine. As the government continues to refine and strengthen its approach, it underscores the importance of preserving the integrity of traditional medicinal practices for the benefit of both present and future generations.
Tag: Awareness in the field of IT, Computer, Space, Robotics, Nanotechnology, and issues relating to intellectual property rights.
Decoding the Question:
- In the Introduction, try to write about traditional knowledge of medicine.
- In Body,
- Mention the Indian scenario and the issue related to it.
- discuss various government steps for protecting traditional knowledge of medicine.
- Conclude suggestions for protecting traditional knowledge.
Answer:
Traditional medicine comprises medical aspects of Traditional Knowledge (TKs) that developed over generations within various societies before the era of modern medicine. India has a diverse set of traditional practices arising out of Ayurveda, Siddha, and diverse Tribal Practices that have developed over generations.
India has a rich culture and tradition of medicinal practice that dates back thousands of years. The healthcare needs of more than 70% of the population and the livelihood of millions of people in India are dependent on traditional medicine. Recently, many multinational corporations have aimed to benefit from these traditional medicines. To protect the knowledge from being illegally patented, the government has indeed been striving hard to protect our heritage and well-researched traditional knowledge.
Steps Taken:
- Traditional Knowledge Digital Library (TKDL): It was initiated in India in 2001 as a digital repository of TK. TKDL is proving to be an effective deterrent against bio-piracy. It is a pioneering Indian initiative to prevent exploitation and to protect Indian traditional knowledge from wrongful patents mainly at International Patent Offices.
- Biological Diversity Act: It contains the provision for fair and equitable sharing of the benefits arising out of the utilization of genetic resources.
- Forest Rights Act 2006: It provides for community rights over forest resources. It can help in the protection of traditionally owned knowledge and practices. It also protects and promotes the livelihood of tribal communities which is often based on their knowledge system and forest produce.
- The Geographical Indication of Goods (Registration and Protection) Act, 1999: It provides a collective right to the holders of the traditional knowledge associated with a particular geographical area.
- Exclusive Ministry: The Ministry of AYUSH has been set up to protect, and promote research in traditional medicinal knowledge, marketing, and creating awareness for the same.
- UNESCO Intangible Cultural Heritage: The government has successfully obtained recognition for its traditional medicine knowledge such as Ayurveda, Yoga, Sowa Rigpa, Unani, etc. It has helped India to establish links between countries of origin and prevent the filing of patents by multinational pharma companies.
- Funding: To prevent research and knowledge of traditional medicine being leaked to private players only Centre Scientific and Industrial Research (CSIR) will carry out research in this field.
- Strengthening IPR regime: In new norms there are provisions to protect traditional knowledge of cultural groups. The main aim behind it is to protect the economic interests of such groups from exploitation by third parties or from private players.
- World Trade Organization: India has been trying hard to restart negotiations on protecting traditional medicinal knowledge from being exploited by big corporations.
- Nagoya Protocol on benefit sharing: India has signed and ratified the Nagoya Protocol on access to genetic resources and fair and equitable sharing of benefits arising from their utilization.
Issues involved in the protection of Traditional Knowledge:
- Non-codification of TKs: Non-codified traditional knowledge is vulnerable to losing its relevance with the influences of modern medical practices.
- Patenting of TKs by Biotechnology companies: Various cases of Bio-piracy were raised in India where Biotech companies used Traditional Knowledge to develop products and issued patents. E.g. The Jeevani sports drug was derived from traditional knowledge of the Kani tribe.
- Access and Benefit Sharing from TKs: Traditional knowledge is also often held collectively by communities, rather than by individual owners. This makes the benefit sharing difficult.
- Inadequate International Regimes for the Protection of TKs: Due to the community nature of traditional knowledge, it is not recognized in international laws explicitly.
The protection of traditional medicinal knowledge is still a big challenge. The need is constantly upgrading IPR rules, strengthening institutional mechanisms, improving vigilance, and intelligence sharing among agencies are aiding the efforts. So, awareness and development of various traditional knowledge practices should be done along with a focus on their mainstreaming to reap its potential of great livelihood support, particularly for the tribals. Also, a sui-generis system should be developed that can recognize the diverse nature of Traditional Knowledge and provide them with adequate legal and commercial protection.
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