How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?

Answer

Approach:IntroductionBegin with the acknowledgment of India’s vast traditional medicinal knowledge.BodyDescribe the TKDL and its role in preventing misappropriation.Discuss the key amendments made to the Indian Patent Act, particularly the 2005 revision, and their impact on the patenting of traditional knowledge.Discuss India’s participation in international forums like the Intergovernmental Committee at WIPO, emphasizing its commitment to global cooperation in safeguarding traditional knowledge.Explain the Act’s mandate for National Biodiversity Authority’s approval for the exploitation of Indian biological resources.ConclusionConclude, summarizing the Indian Government’s determined efforts to protect the nation’s traditional medicinal knowledge through various initiatives.

Introduction

India, a country replete with rich traditional medicinal knowledge, faces a significant task in safeguarding this wealth from misappropriation and unwarranted patenting, particularly by foreign pharmaceutical entities. The Indian Government, cognizant of this challenge, has launched various initiatives to secure these invaluable resources while promoting their beneficial use.

Body

- Traditional Knowledge Digital Library (TKDL):The TKDL, a compendium of over 200,000 medicinal formulations, deters unjust patent claims.

• For instance, India contested and invalidated a Spanish firm Sesderma S.L’s patent on a wound-healing product at the European Patent Office in 2011, citing TKDL as proof of prior knowledge.


• Amendment of Patent Law: Amendments to the Indian Patent Act, particularly in 2005,bar patents on traditional knowledge and non-novel inventions.


• This revision played a pivotal role in rejecting a patent application by aUS-based entity on the use of turmeric for wound healing,citing lack of novelty and inventive step.


• International Cooperation:India collaborates globally to protect traditional knowledge,like participating in WIPO’s Intergovernmental Committee,contributing to international legal frameworks safeguarding traditional knowledge.


• National Biodiversity Act (2002):This Act, by requiring National Biodiversity Authority approval for exploiting Indian biological resources, ensures equitable sharing of benefits.


• An Australian company seeking to use Indian chickpeas for developing a novel varietywas held accountable under this Act, highlighting its importance.

Conclusion

The Indian Government, through these strategic initiatives, displays a strong commitment to preserving the country’s traditional medicinal knowledge. It’s an ongoing endeavour that must keep pace with the dynamic world of intellectual property rights, constantly adapting to effectively avert misappropriation and promote fair usage of India’s traditional knowledge wealth.