This article has been written by Ms.Mamta kumari, a 2nd year law student of Galgotias University, Greater Noida.
Introduction
Indigenous wisdom preservation, intellectual property rights, and cultural heritage all intertwine with the conservation of traditional knowledge (TK). In this regard, the World Intellectual Property Organisation (WIPO) is essential in helping countries create frameworks that effectively protect traditional knowledge. This article examines how WIPO has affected India’s efforts to safeguard traditional knowledge, going into detail about relevant case laws, the legal system, and the value of global cooperation.
WIPO’s Commitment to Traditional Knowledge Protection:
Global View: WIPO actively fosters international discussion on the protection of traditional knowledge, recognising its inherent importance as a specialised agency of the United Nations. The group understands the need for an equitable framework for intellectual property that upholds the rights of indigenous people and encourages creativity and innovation.
Division of Traditional Knowledge: To handle the particular difficulties pertaining to traditional knowledge, WIPO formed the Division of Traditional Knowledge. In order to create policies and initiatives that are in line with the many cultural contexts of traditional knowledge, this division actively collaborates with member nations, particularly India.
Legal Landscape in India:
Recognition of Traditional Knowledge: India, with its vast cultural diversity, has a long history of traditional knowledge ingrained in a variety of customs, including yoga, Ayurveda, and native farming methods. Article 51A of the Indian Constitution acknowledges that it is everyone’s responsibility to preserve and enhance the natural environment, which includes forests, lakes, rivers, and wildlife, as well as to show compassion for all living things.
Intellectual Property Laws: The significance of safeguarding traditional knowledge is acknowledged by India’s intellectual property laws, which include the Biological Diversity Act, 2002, and the Patents Act, 1970. For example, the Patents Act has clauses that forbid the granting of patents for conventional knowledge unless the applicant can demonstrate originality and ingenuity.
Access and Benefit-Sharing: Access and benefit-sharing (ABS) with regard to biological resources and related traditional knowledge is emphasised by the Biological Diversity Act. In order to ensure that indigenous communities are fairly compensated for the commercial use of their traditional knowledge, this act requires an equitable sharing of gains emerging from its usage.
WIPO’s Impact on Indian Policies:
Development of National Policies: India has created extensive national policies for the protection of traditional knowledge, motivated by the direction provided by WIPO. In order to ensure a strong legal framework, the National Biodiversity Authority (NBA) of India works with WIPO to match its policies with global norms.
Traditional Knowledge Digital Library (TKDL): WIPO played a pivotal role in supporting the creation of India’s TKDL. This digital repository catalogs traditional knowledge related to Ayurveda, Yoga, Unani, and Siddha systems, preventing the misappropriation of such knowledge by providing evidence of prior art during patent examinations.
Case Laws and Legal Precedents:
Neem and Turmeric Patent Cases: India was victorious in its challenge to European and American patents for the use of turmeric and neem in medicine during the 1990s. The trials established significant legal precedents and demonstrated India’s resolve to stop the theft of traditional knowledge.
Basmati Rice Case: India’s claim to safeguard geographical indicators and traditional knowledge was brought to light by the Basmati rice dispute. India was able to establish recognition for its distinctive agricultural and cultural legacy by successfully opposing attempts to patent Basmati rice varieties in the United States.
TKDL in Patent Offices: The TKDL has played a key role in stopping patents that falsely claim traditional knowledge from being granted. The efficacy of the TKDL in preserving India’s traditional knowledge is demonstrated by the cases in which it was involved in the rejection of patent claims.
Challenges and Future Directions:
Global Collaboration Challenges: In spite of WIPO’s best efforts, there are still obstacles in the way of international cooperation on traditional knowledge protection. The emergence of a legally binding framework across nations is hampered by divergent viewpoints and interests.
Effective Implementation: It is still difficult to effectively execute traditional knowledge protection strategies at the local level. The effective preservation of traditional knowledge requires a number of key components, including raising awareness, empowering local populations, and guaranteeing their active participation.
Biopiracy Concerns: India still struggles with biopiracy, with cases of traditional knowledge being used illegally for profit. To conserve traditional knowledge, it is essential to enforce strict measures against biopiracy and strengthen international cooperation.
WIPO’s Facilitation of Traditional Knowledge Preservation:
International Instruments: As a worldwide forum for intellectual property, WIPO has played a key role in promoting international instruments that recognize the importance of traditional knowledge. One such initiative is that of the Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC). India actively engages in the IGC, adding to the current conversation about the preservation of traditional knowledge.
Capacity Building and Training: WIPO’s commitment to capacity building and training goes beyond providing policy assistance. The organization regularly participates in training initiatives and capacity-building programs. These programs assist India by providing information on traditional knowledge protection systems to indigenous groups, legal experts, and local stakeholders.
Collaborative Research and Documentation: Collaborative research initiatives facilitated by WIPO have contributed to the documentation of traditional knowledge. India, with its rich tapestry of cultural diversity, has been an active participant in such endeavors, ensuring that traditional knowledge is cataloged, recognized, and safeguarded.
Legal Landscape: Strengthening the Edifice of Traditional Knowledge Protection
Geographic Indications (GI) and Traditional Knowledge: One major area of study has been the merging of traditional knowledge protection with geographic indicators (GIs). India has effectively obtained Geographical Indications (GIs) for goods with a strong cultural heritage, such Banarasi silk and Darjeeling tea. In addition to safeguarding traditional knowledge, these legal processes help local communities become more economically independent.
Folklore and Expressions of Traditional Culture: WIPO is involved in protecting folklore and manifestations of traditional culture in addition to patents and geographical indications. With its rich history of dance, music, and art, India has played a leading role in establishing international standards to protect these intangible facets of traditional knowledge.
Case Studies: Navigating Complexities Through Legal Precedents
Turmeric and Basmati Rice: India has demonstrated its proactive approach to preventing the theft of traditional knowledge by successfully opposing patents pertaining to the medical use of turmeric and the patenting of Basmati rice variants in foreign jurisdictions. These decisions set precedents for upcoming legal issues, making them significant legal landmarks.
Combining Traditional Medicine with Ayurvedic Formulations: One of the main concerns in the field of Ayurveda and traditional medicine has been the preservation of traditional knowledge. Incidents concerning the theft of formulas or methods have led India to reclaim its intellectual property and highlight the necessity of strict safeguards.
Collaborative Initiatives – TKDL and Beyond: The Traditional Knowledge Digital Library (TKDL), a collaborative effort between India and WIPO, exemplifies the successful fusion of technology and traditional knowledge protection. The TKDL not only serves as a repository but also enhances the examination of patent applications by providing examiners with prior art information.
Challenges and Future Trajectories:
Sui generis Frameworks: It can be difficult to create sui generis frameworks that are suited to the particulars of traditional knowledge. There is still a need for specialised procedures that go beyond the traditional patenting system, even though some protection is provided under current intellectual property regulations.
Intercultural Communication and Ethical Issues: Continued intercultural communication is essential given the convergence of intellectual property and cultural heritage. WIPO has to continue navigating the moral issues surrounding the preservation of traditional knowledge in cooperation with its member states, including India.
Increasing Indigenous Participation: It is essential to provide indigenous groups the tools they need to actively contribute to the preservation of their knowledge. In addition to legislative protections, this calls for inclusive policy-making that values the distinct viewpoints of indigenous peoples as well as education and awareness campaigns.
Historical Foundations: WIPO’s Commitment to Cultural Heritage:
Inception of WIPO: WIPO’s founding: When WIPO was founded in 1967, its first focus was on conventional intellectual property (IP) systems. Its purview grew over time to encompass the wide and varied field of intellectual creations, including traditional knowledge. This development is a reflection of WIPO’s dedication to making intellectual property laws inclusive and sensitive to the particular requirements of every culture.
Acknowledgment of Indigenous Rights: WIPO acknowledged in the 1990s that traditional knowledge, traditional cultural manifestations, and genetic resources needed to be protected under a specific framework. The Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC) was established as a result of this acknowledgment.
Formation of IGC: The IGC, since its inception in 2000, has been at the forefront of discussions surrounding the protection of traditional knowledge. It serves as a forum for member states, including India, to collaboratively develop international legal instruments that address the complexities associated with traditional knowledge protection.
Legal Landscape in India: Crafting a Framework for Traditional Knowledge Protection
Constitutional Recognition: The foundation for the preservation of traditional knowledge is laid by India’s constitution, which recognizes the obligation to preserve and enhance the natural environment, including cultural assets. The foundation of India’s dedication to maintaining its rich cultural diversity is this acknowledgment.
Intellectual Property Laws: India’s laws pertaining to intellectual property underwent notable modifications to address the distinct difficulties presented by customary knowledge. Inventions that only incorporate conventional knowledge cannot be granted patents under the modified Patents Act of 1970 unless they exhibit both novelty and creative step.
Biological Diversity Act and Access and Benefit-Sharing: The Biological Diversity Act, 2002, emphasizes access and benefit-sharing concerning biological resources and associated traditional knowledge. This legislation aligns with international principles and mandates the equitable sharing of benefits arising from the utilization of traditional knowledge.
WIPO’s Impact on Indian Policies: Shaping a Conducive Environment
Creation of National Policies: WIPO works practically with India in addition to theoretically. The organisation works closely with its member states, providing advice on how to create national policies that safeguard traditional knowledge. This partnership has helped India’s National Biodiversity Authority (NBA), guaranteeing that its regulations follow global best practises.
Traditional Knowledge Digital Library (TKDL): An Amazing Technological feat: Among WIPO’s most notable partnerships with India is the establishment of the Traditional Knowledge Digital Library (TKDL). The TKDL, which serves as a digital library of traditional knowledge pertaining to numerous subjects, has received critical backing from WIPO. By avoiding its theft through the patenting system, this approach protects traditional knowledge.
Conclusion:
WIPO’s support for the preservation of traditional knowledge has had a big impact on Indian law. The country has actively welcomed international collaboration headed by WIPO because of its rich traditional knowledge reservoirs and unique cultural assets. India is a prime example of a country committed to protecting its traditional knowledge, as seen by the creation of the TKDL, the drafting of national policy, and the winning of court cases against appropriation.
The ongoing cooperation between WIPO and countries such as India is crucial as the global discourse surrounding intellectual property and traditional knowledge continues to develop. This partnership not only promotes understanding between the parties involved, but it also helps to build a strong and just framework for the international protection of traditional knowledge. The fight to protect traditional knowledge is far from over, and WIPO’s partnership with India provides hope for future efforts in this vital field of intellectual property.
Refrences:
WIPO’s Role and Initiatives: WIPO Traditional Knowledge Division
Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (IGC)
Legal Landscape in India: Constitution of India
The Patents Act, 1970
Biological Diversity Act, 2002
WIPO’s Impact on Indian Policies: WIPO India Office
National Biodiversity Authority (NBA)
Case Studies: Navigating Complex Terrains:
Neem and Turmeric Patent Cases:
India’s Neem Campaign Against Multinationals
Basmati Rice Case:
Protection of Basmati Rice through Geographical Indication
Collaborative Initiatives Beyond TKDL:
Traditional Knowledge Digital Library (TKDL)