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Impact of TKDL on Patent Applications in the Field of Bio-resources and the Associated TK


Affiliations
1 National Law University and Judicial Academy, Guwahati — 781 031, India
2 Department of Biotechnology, IIS (deemed to be university), Jaipur — 302 020, India

After the incidents of bio-piracy and bio-patenting of Indian bio-resources and the associated traditional knowledge, India has successfully initiated an institutional mechanism named Traditional Knowledge Digital Library (TKDL). Such Traditional Knowledge (TK) databases help to establish prior-art and therefore disprove patentability, protect the county’s TK from wrong patenting. As being codified in such a way, the database enables timely and economically establishing non-patentability of inventions based on biological TK. India as a country has become the first in the world to have such a tool. TKDL is an open prior art model to keep a check against bio-piracy. Here in this work, India’s TKDL impacts on patent applications in the field of traditional knowledge associated with bio-resources have been evaluated. TKDL has around 34 million pages that include 2.90 million compositions of the diverse medicine system of India. Thepaper discloses various remarkable particulars associated to bio-piracy, bio-prospecting, and how TKDL is acting as a protecting shield against them, thus showing effectiveness of the TKDL with the help of discussed case studies.

Keywords

Bio-Piracy, Bio-Resources, Patent Revocation, Traditional Knowledge Digital Library, Definition of Traditional Knowledge
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  • Impact of TKDL on Patent Applications in the Field of Bio-resources and the Associated TK

Abstract Views: 18  | 

Authors

Pankaj Kumar
National Law University and Judicial Academy, Guwahati — 781 031, India
Ameeta Sharma
Department of Biotechnology, IIS (deemed to be university), Jaipur — 302 020, India

Abstract


After the incidents of bio-piracy and bio-patenting of Indian bio-resources and the associated traditional knowledge, India has successfully initiated an institutional mechanism named Traditional Knowledge Digital Library (TKDL). Such Traditional Knowledge (TK) databases help to establish prior-art and therefore disprove patentability, protect the county’s TK from wrong patenting. As being codified in such a way, the database enables timely and economically establishing non-patentability of inventions based on biological TK. India as a country has become the first in the world to have such a tool. TKDL is an open prior art model to keep a check against bio-piracy. Here in this work, India’s TKDL impacts on patent applications in the field of traditional knowledge associated with bio-resources have been evaluated. TKDL has around 34 million pages that include 2.90 million compositions of the diverse medicine system of India. Thepaper discloses various remarkable particulars associated to bio-piracy, bio-prospecting, and how TKDL is acting as a protecting shield against them, thus showing effectiveness of the TKDL with the help of discussed case studies.

Keywords


Bio-Piracy, Bio-Resources, Patent Revocation, Traditional Knowledge Digital Library, Definition of Traditional Knowledge