Convention on Biological Diversity: Knowledge and traditions that are part of indigenous peoples and local communities passed through generations need preservation and prevention from unlawful exploitation for the benefit of few. With such intent towards protecting and promoting fair use of biological resources and traditional knowledge, need for international co-operation was felt and this led to a group of experts coming together in 1988 under the United Nations Environment Programme to explore the need for an international convention on biological diversity. The process eventually led to the Convention on Biological Diversity which was entered into force on 29 December 1993.
Convention’s commitment on the issue is evident from it’s Articles that solidifies right intent towards indigenous and traditional knowledge including Article 8(j) on preserving knowledge, innovations and practices of indigenous and local communities and equitable sharing of the benefits arising from the utilization of such knowledge, Article 10(c) on protecting and encouraging customary use of biological resources in accordance with traditional cultural practices and Article 18(4) on encouraging and developing methods of co-operation for the development and use of technologies, including indigenous and traditional technologies. Traditional knowledge indigenous to a community aid and nurture life and sustenance and forms a part of it’s culture and identity. In Indian perspective this is a much valuable asset, India which boasts of rich and in-depth knowledge of medicinal use of biological substances as prescribed in ancient text of Ayurveda (amongst others) as well as yogic practices such as various yoga postures, was forced to awaken and realise the seriousness of protecting it’s rich tradition and knowledge with the “Turmeric Patent Case”.
The Turmeric Patent Case:
In 1995 Suman K Das and Hari Har P of US University of Mississippi Medical Center were granted a US Patent on use of turmeric in wound healing. Using Turmeric for medicinal properties has a history of thousands of years in India, used in many Ayurvedic preparations. The Council of Scientific and Industrial Research opposed the grant of such patent and after the long and costly battle, eventually the result was in India’s favour with the cancellation of the Patent.
The Neem Patent Case:
Similar was the case of Patent granted in 1994 for fungicidal effect of neem by EPO to US Corporation W R Grace and US Dept of Agriculture. Opposition against such grant was filed on behalf of Indian farmers and a group of international NGOs on the basis of age old usage of neem in India for its fungicidal properties, which eventuality led to revocation of said patent.
What is India’s Traditional Knowledge Digital Library?
Costly International Patent battles were the precursor which led to India acknowledging priority of translating and compiling its ancient texts and traditional knowledge in language and format that can be accessed while examining a patent application for it’s patentability by Patent offices across globe. Hence, India’s Traditional Knowledge Digital Library came into being, A digital library with information and knowledge contained in ancient Indian systems of medicines i.e Ayurveda, siddha, unani, sowa rigpa including yoga, which have been made available in five international languages
Who can access the information?
At present access to Traditional knowledge digital library is available to thirteen patent office across globe and the examiners of these patent offices utilise it for search and examination purpose and can reveal the contents only for the purpose of citation. Patents facilitate innovation culture and yet when it comes to traditional knowledge an integral part of any society, cannot be left for monopoly rights and profit making by few. India with its rich ancient history and knowledge of medicinal practices, arts, crafts and many more areas, needs to zealously protect as well as promote its knowledge systems and India’s Traditional Knowledge Digital Library is one such initiative in right direction.
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