Journal of Intellectual Property Rights

Open Access Open Access  Restricted Access Subscription Access

Is Traditional Knowledge Digital Library A Success?


Affiliations
1 NALSAR University of Law, Justice City, Shamirpet, Hyderabad, Telangana – 500 101, India
 

This paper aims to analyze the performance of Traditional Knowledge Digital Library (TKDL) in the protection of traditional knowledge and the interests of the indigenous people. The core of the paper is to analyze the various problems which are associated with TKDL. These problems are divided into five broad groups, these groups are Problem of treating traditional knowledge as property, Substantive Legal Problems, Procedural Problems, Problem of the Closed Access Model and lastly the Economic problems. Of all these problems the first one is against the idea of TKDL itself while the others are trying to find fault with the structure and working of TKDL. After analyzing all these problems the conclusions which emerge are that there is a need to find a balance between utilization of resources for the protection of the rights of the traditional communities so that they are empowered to ensure that their knowledge is not abused and utilization of resources for a TKDL because this database will play an important role in protection of the rights of the traditional communities once it shortcomings have been overcome.

Keywords

Traditional Knowledge Digital Library, Council of Scientific and Industrial Research, World Intellectual Property Organization, International Patent Classification, United States Patent and Trademark Office, Traditional Knowledge Resource Classification, Traditional Knowledge Classification Taskforce, Tkdl Access Agreement, Patent, Biopiracy.
User
Notifications
Font Size

  • About TKDL, http://www.tkdl.res.in/tkdl/langdefault/common/Abouttkdl.as (accessed on 29 November 2018).

  • Abraham S & and Marda V, The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India, https://www.giswatch.org/sites/default/files/gw2016-thematic-traditional.pdf (accessed on 29 November 2018).

  • Patent Examiner’s view on TKDL Reference’s in Examination Report, http://www.tkdl.res.in/tkdl/langdefault/Common/ExaminerReport.asp?homepage=sub (accessed on 29 November 2018).

  • Tanaka M, Visceral Fat Accumulation Inhibitor, Application No. EP1927361 (Morning Milk Industry Co. Ltd., Tokyo), Grant of Patent Intended as of 28 October 2018. https://register.epo.org/application?number=EP06810359 (accessed on 29 November 2018).

  • Rathi M, TKDL: A Success Really, https://spicyip.com/2012/04/guest-post-tkdl-success-really.html (accessed on 29 November 2018).

  • Protecting India’s Traditional Knowledge, http://www.wipo.int/wipo_magazine/en/2011/03/article_0002.html#3 (accessed on 29 November 2018).

  • Marzo V D, Petrocellis L D & Moriello A S, Cannabinoid Containing Plant Extract for the Treatment of Prostate Cancer, Application No. EP2146731 (to GW Pharma Ltd., Great Britain), Grant of Patent as of on 22 March 2018, http://www.tkdl.res.in/tkdl/langdefault/Common/ExaminerReport.a sp?homepage=sub (accessed on 29 November 2018).

  • Oguamanam C, Patents and digital medicine: Digital capture, creative legal interventions, and the dialects of knowledge transformation, Indiana Journal of Global Studies, 15 (2) (2008) 500, https://www.jstor.org/stable/pdf/10.2979/gls.2008.15.2.489.pdf?refreqid=search%3A78d62cf fa25784cb46ae25ee5f37a4f8 (accessed on 29 November 2018).

  • Whitt L, Science, Colonialism, and Indigenous Peoples, (Cambridge University Press) 2009, 136-156.

  • Sharma S, Traditional Knowledge Digital Library: "A Silver Bullet" In the war against biopiracy? The John Marshall Review of Intellectual Property Law, 17 (2017) 214-231.

  • Agarwal A, Indigenous Knowledge and the Politics of Classification, http://www-personal.umich.edu/~arunagra/papers/Indigenous%20Knowledges.pdf (accessed on 29 November 2018).

  • Reddy P, Why the Traditional Knowledge Digital Library’s Existence Requires a Thorough Relook, https:// thewire.in/science/tkdl-csir-neem-patents (accessed on 29 November 2018).

  • RTI Response from CSIR to Prashant Reddy, https://drive.google.com/file/d/0Bxi2TzVXul5ZZlFfVnFjYWhTOX FCdUo0SDRlNFdNZw/view (accessed on 29 November 2018).

  • Reddy P, Need for an Independent Review of TKDL, https://spicyip.com/2012/04/need-for-anindependent-review-of-tkdl.html (accessed on 29 November 2018).

  • Eastern Book Company v C B Modak, Appeal (civil) 6472 of 2004 (Supreme Court of India).

  • USPTO Patent Full Text and Image Database, United States Patent & Trademark Office, http://patft.uspto.gov/netacgi/nphParser?Sect1=PTO2&Sect2=HITOFF&p=1&u=%2Fneta html%2FP TO%2Fsearchbool.html&r=5&f=G&l=50& co1=AND&d=PTXT&s1=%22aloe+vera%22&OS=%22aloe +vera%22&RS=%22aloe+vera%22 (accessed on 29 November 2018).

  • Gupta V K, The Functioning of the TKDL, Co-operation with International Patent Offices and Security & Access Consideration, https://www.wipo.int/edocs/mdocs/tk/en/wipo_tkdl_del_11/wipo_tkdl_del_11_ref_t4_1.pdf (accessed on 29 November 2018).

  • Cockburn I M, Kortum S & Stern S, Are all patent examiners equal? The impact of characteristics on patent statistics and litigation outcomes, National Bureau of Economic Research, http://www.nber.org/papers/w8980.pdf (accessed on 29 November 2018).

  • Lemley M A & Sampat B N, Examiner characteristics and patent office outcomes, The Review of Economics and Statistics, 94 (3) (2012) 817-818, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1329091 (accessed on 29 November 2018).

  • Jensen P H et al., Disharmony in international patent office decisions, Federal Circuit Bar Journal, 15 (4) (2006) 685.

  • Sampat B N, When do applicants search for prior art?Journal of Law & Economics, 43 (2010) 399, 412.

  • Bagley M A, Patently unconstitutional: The geographical limitation on prior art in a small world, Minneapolis Law Review, 87 (2003) 679, 737.

  • Paola B R M, Cancer treatment using natural plant products or essential oils or components from some Pistachia species, Application No. EP1520585 (Data Medica Padova, Italy), 2 October 2003, https://worldwide.espacenet.com/searchResults?search=EP1520585&DB=EPODOC&submitt ed=true&locale=en_EP&ST=singleline&compact=false&DB =EPODOC&query=EP1520585 (accessed on 29 November 2018).

  • Jayaraman K S, Biopiracy Fears Cloud Indian Database, http://www.scidev.net/global/bioprospecting/news/biopiracy-fearscloudindian-database.html (accessed on 29 November 2018).

  • Traditional Knowledge Digital Library: Access Agreement, http://www.tkdl.res.in/tkdl/langdefault/common/terms.pdf (accessed on 29 November 2018).

  • Chandrasekharan S, Lawyers Prevent Open Access to the TKDL, http://spicyip.com/2011/04/lawyers-prevent-openaccessto-tkdl.html (accessed on 29 November 2018).

  • Devraj R, India’s Digital Library Aids Biopirates – Activists, http://www.lobbywatch.org/archive2.asp?arcid=1088 (accessed on 29 November 2018).

  • Eiland M L, Patenting traditional medicine, Journal of the Patent and Trademark Office Society, 89 (2007) 45, 67.

  • Reddy P, Is TKDL a ‘Confidential Database’ and Is It Compliant With India’s Copyright Law, https://spicyip.com/2012/03/is-tkdl-confidential-database-and-is-it.html (accessed on 29 November 2018).

  • Mehra A, Biopiracy Killer App? https://littleindia.com/biopiracy-killer-app/(accessed on 29 November 2018).


Abstract Views: 131

PDF Views: 112




  • Is Traditional Knowledge Digital Library A Success?

Abstract Views: 131  |  PDF Views: 112

Authors

Ananye Krishna
NALSAR University of Law, Justice City, Shamirpet, Hyderabad, Telangana – 500 101, India

Abstract


This paper aims to analyze the performance of Traditional Knowledge Digital Library (TKDL) in the protection of traditional knowledge and the interests of the indigenous people. The core of the paper is to analyze the various problems which are associated with TKDL. These problems are divided into five broad groups, these groups are Problem of treating traditional knowledge as property, Substantive Legal Problems, Procedural Problems, Problem of the Closed Access Model and lastly the Economic problems. Of all these problems the first one is against the idea of TKDL itself while the others are trying to find fault with the structure and working of TKDL. After analyzing all these problems the conclusions which emerge are that there is a need to find a balance between utilization of resources for the protection of the rights of the traditional communities so that they are empowered to ensure that their knowledge is not abused and utilization of resources for a TKDL because this database will play an important role in protection of the rights of the traditional communities once it shortcomings have been overcome.

Keywords


Traditional Knowledge Digital Library, Council of Scientific and Industrial Research, World Intellectual Property Organization, International Patent Classification, United States Patent and Trademark Office, Traditional Knowledge Resource Classification, Traditional Knowledge Classification Taskforce, Tkdl Access Agreement, Patent, Biopiracy.

References