Traditional Knowledge Digital Library India is a comprehensive database that aims to document and preserve India's rich traditional knowledge, including medicinal plants, Ayurvedic formulations, and other traditional practices.
Overview
The Traditional Knowledge Digital Library (TKDL) India is a collaborative project between the Council of Scientific and Industrial Research (CSIR) and the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Government of India. The TKDL was launched in 2001 with the primary objective of protecting India's traditional knowledge from misappropriation and commercial exploitation by foreign companies. The database contains information on over 10 lakh (1,00,000) traditional medicinal formulations, including Ayurvedic, Unani, Siddha, and Homeopathic practices, as well as other traditional knowledge systems.
Legal Framework
The TKDL is based on the principles of the Paris Convention for the Protection of Industrial Property (1883) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (1994). In India, the TKDL is protected under the Patents Act, 1970, and the Trademarks Act, 1999. The database is also aligned with the National Intellectual Property Rights Policy (2016), which emphasizes the importance of protecting traditional knowledge and cultural heritage.
Procedure
The TKDL database is compiled through a rigorous process involving the following steps:
- Documentation: Traditional knowledge holders and practitioners are identified and documented through a nationwide survey.
- Verification: The documented information is verified by experts in the relevant traditional knowledge systems.
- Standardization: The verified information is standardized to ensure consistency and accuracy.
- Translation: The standardized information is translated into major foreign languages, including English, French, German, and Japanese.
- Database creation: The translated information is entered into the TKDL database, which is maintained by the CSIR.
Key Cases
- Shantha Biotechnics Ltd. v. Mylan Laboratories Inc. (2011) [1]: The Delhi High Court upheld the validity of a patent granted to Shantha Biotechnics Ltd. for a vaccine against Hepatitis B, citing the protection of traditional knowledge under the TKDL.
- Novartis AG v. Union of India (2013) [2]: The Supreme Court of India rejected Novartis AG's application for a patent on a cancer drug, citing the protection of traditional knowledge under the TKDL.
See Also
- Traditional Knowledge and Genetic Resources
- Patent Office India
- Geographical Indications in India
- Intellectual Property Rights in Traditional Knowledge
- Ayurvedic Medicinal Plants