the first legislation in india relating to patents was ACT VI of 1856.
From the immemorial, from music and dance to science and technology, ideas and
inventions have been transferred from one generation to other one within various
communities. Today's practice can be set to be a collective knowledge of all the
inventions and innovations that occurred over a period of time and then
transferred as traditional knowledge. Having being transferred with the
communities over generations, these ideas and inventions and ideas have
developed a cultural attachment with in the community. The community thereby,
encouraging ownership of the community for the particular set of knowledge.
Recent trends shows that many of these practices and ideas have now become the
basic of new invention.
Contrary to the nature of traditional knowledge that promotes community intrest,
patent law encourages private monopoly and profit. however, in the commercial
world prevailing today, such amalgam of traditional knowledge and patent law
have gained recognition.
Under this law patent rights are granted for inventions covering a new inventive
process, product or an article of manufacture that are able to satisfy the
patent eligibility requirements of having novelty, inventive steps, and are
capable of industrial application.
Traditional Knowledge And Patent Law:
Indian patent laws do not permit the protection of traditional knowledge under
section 3(p) of the indian patent act, 1970. an investigation which in effect,
traditional knowledge or which is is an aggregation or duplication of known
properties of traditionally known components is not an inventions and cannot be
Protecting India's Traditional Knowledge:
There are legal remedies within the Indian judicial system that can help in
protecting traditional knowledge.
equitable benefits shairing is an agreement that two parties,
including indigenous communities, can sign in order to use the knowledge bank
for commercial use.
Concepts, Meaning, And Definitions:
It refers to : knowledge or practices passed down from generation to generation
that from part of the traditions or heritage of indeginious communities.
knowledge or practices for which indeginious communities knowledge act as the
guardians or custodians.
it is the awareness, experience, expertise, knowledge and applications that are
established, continued, performed and passed from generation to generation with
in a region or community, often forming a part of its cultural, social or
- This term is used by the ancient time tribal people and by indigenous local communities under the local laws, customs, and culture.
- It has been transferred and expanded from generation to generation.
- The role of T.K is very important in making a country more developed.
Understanding The Concept:
- The Indian Patent Office (IPO), on November 8, 2012, has onnounced new
guidelines for issuing patents based on traditional knowledge (T.K)
- The I.P.O already has patents law in place, and the new guidelines have evoked
a strong response from the industry and scientific community.
Traditional knowledge (TK) is the knowledge, know- how, skills and practices
that are developed, sustained and passed on from generation to generation within
the community, often forming part of its cultural or spiritual identity.
Traditional Knowledge And Modern Knowledge:
- Communication is usually oral
- Forecast methods are documented
- Applied at local level
- Communication is usually written
- Forecast methods are documented and more developed
- Lack relevance at the local level
Who Owns Traditional Knowledge?
According to a journal information AJEET MATHUR owns the traditional knowledge.
Measures Taken / Steps:
- Knowledge exchange
- Skills developed
- Motivating learner
- Classroom size
- Expensive to deliver
- Student - teacher ratio
Patent Law Applicability:
An invention relating either to a product or process that is new involving
inventive steps and capable of industrial application can be patented.
- It is generated within communities
- It is location and cultural specific
- It is not systematically documented
- It is oral and rural in nature
Traditional knowledge cultural expressions can sometimes be protected by
existing systems, such as copyright and related rights, geographical
indications, appellations of origin, trademarks and certification marks.
- Sources of income contribute financially to the local community.
- Provide less expensive forms.
- Support food security.
- Livelihood and practices of village people.
Invention Of Traditional Knowledge:
Madhavi Sunder, The inventor of traditional knowledge, 70 law and contemporary
problems 97 � 124 (spring 2007)
Use Of Turmeric In Wound Healing : A Bio Patent
St. Xavier's college (autonomous), Kolkata
Department of microbiology
Bachelors of science
Shreejit saha (607)
Ishan bose (633)
Liana Mukherjee (621)
Sohini chattopadhyay (643)
Salient Features Of Patent Law
- Both product and process patent provided
- Terms of patent - 20 years
- Examinations on request
- Fast track mechanism
Traditional Knowledge Insightsias:
A collaboration between the council of scientific and industrial research (CSIR)
and the department of Ayurveda, yoga and naturopathy, unani, siddha and
homoeopathy ( dept. of AYUSH), ministry of health & family welfare, government
A research of council AYUSH ministry has been implementing a tribal health care
research programme THCRP which aims to collecting information on fault medicines
/ traditional practices prevalent in different parts of the country besides
extending health care service to tribal population.
Traditional knowledge can make a significant contribution to sustainable
development. it is closely interlinks cultural and biological diversity, forming
an essential basis for the conservation and sustainable use of global
This transfers from person to person or we can say from generation to
This is easy to communicate but one of its disadvantage is that it cannot be
preferred in every location it is preferred only in rural areas.
Easy as it is oral but is not systematically documented.
There are many merits and demerits but also it is concluded that it is necessary
to use in our culture it is required to be with to get connected with our
culture with our roots and our heritage as it makes us connected with it.