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Traditional Knowledge in India

22 Jun 2024
3 min

Why in the news?

Recently, the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.

What are Genetic Resources and Associated Traditional Knowledge?

An infographic titled
  • Genetic Resources (GRs): Resources that are contained in medicinal plants, agricultural crops, and animal breeds. 
    • While GRs themselves cannot be directly protected as intellectual property, inventions developed using them can be protected through a patent.
  • Traditional knowledge (TK): Knowledge system held by indigenous communities, often relating to their natural environment like Agriculture, scientific, ecological and medicinal knowledge.
    • Significance: 
      • Helps in biodiversity Conservation.
      • 80% of the world´s population depends on traditional medicine for its primary health care (WHO).

Challenges associated with India's TK and GRs

  • Biopiracy: Exploitation, patenting, and commercialization of TK and GRs by foreign entities without benefit-sharing or recognition of indigenous communities.
  • Impact on Farmers: Farmers who developed staple food crops through generations have no effective rights over patented varieties by multinational companies.
  • Lack of Documentation: This enhances risk of loss or erosion in transmission of traditional knowledge to younger generations in the face of modernization and cultural change.
  • Inadequate Global Legal Framework: To prevent misappropriation, ensure benefit-sharing, and recognize indigenous community rights.
  • Insufficient Conservation of biodiversity: Increasing environmental degradation and climate change threaten habitats and ecosystems that harbour genetic resources.

Measures by Government to Protect India's TK and GRs

  • Traditional Knowledge Digital Library (TKDL): Digital repository to prevent bio-piracy and wrongful patents.
  • India's Patent Act, 1970: Adopted the PDR mechanism for the disclosure of involved GRs and TK in the claimed patent.
  • The Protection of Plant Varieties and Farmer's Rights Act, 2001: Protects farmers' and breeders' rights to plant varieties, acknowledging their roles in conservation and improvement.
  • Biological Diversity Act, 2002 (in line with Convention of Biodiversity): Fair and equitable sharing of the benefits arising out of the use of biological resources and knowledge
  • Forest Rights Act 2006: Provides for Community rights over forest resources and traditional practices.
  • Geographical Indications Act 1999: Guarantees Collective rights over traditional knowledge linked to a region.
  • Ministry of AYUSH: Dedicated ministry for traditional medicine.
  • UNESCO recognition: Yoga, etc. recognized as Intangible Cultural Heritage.

Way Forward

  • Establishing agricultural research programmes and centres for ex situ and in situ conservation of plant varieties and plant genetic resources, and transferring good practices and varieties throughout the country. 
  • Setting up or promoting herbal gardens of traditional medicinal plants. 
  • Ensuring adequate income to the community experts on traditional knowledge.
  • Incorporating TK as part of the curriculum for schools, universities and research centres. 
  • Enhancing traditional medicine and healing arts in state-run hospitals.
  • Recognizing leaders, experts and innovations in TK in various fields by providing incentives.

 

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