By Samir K. Brahmachari
The
author is Director General, Council of Scientific and Industrial
Research and Secretary, Department of Scientific and Industrial
Research, Govt. of India
New Delhi, Aug 12, 2011 (Washington
Bangla Radio / PIB India) TKDL is a collaborative venture between
Council of Scientific and Industrial Research, Ministry of Science and
Technology and Earth Sciences, and Department of AYUSH, Ministry of
Health and Family Welfare, and a maiden Indian effort to prevent
misappropriation of traditional knowledge belonging to India at
International Patent Offices. TKDL has overcome the language and format
barriers by scientifically converting and structuring the traditional
medical knowledge of Ayurveda, Unani, Siddha and Yoga in 34 million A4
size pages of the ancient texts in languages such as Sanskrit, Hindi,
Arabic, Persian, Urdu and Tamil into five international languages,
namely, English, Japanese, French, German and Spanish, with the help of
information technology tools and a novel classification system -
Traditional Knowledge Resource Classification (TKRC). Today, India
through TKDL is capable of protecting about 2.45 lakh medicinal
formulations similar to those of neem and turmeric. TKDL access has been
given to eight International Patent Offices which are European Patent
Office (EPO), Indian Patent Office, German Patent Office (GPO), United
Kingdom Intellectual Property Office (UKPTO), United States Patent &
Trademark Office (USPTO), Canadian Intellectual Property Office (CIPO),
IP Australia and Japan Patent Office (JPO) under Access
(non-disclosure) agreement. Based on the third party observations
submitted by the TKDL team so far 53 patent applications of the pharma
companies of United States, Great Britain, Spain, Italy, China, etc.
have been either set aside or withdrawn/cancelled or declared as dead
patent applications based on the information present in the TKDL
database at no cost and in few weeks time after filing of the third
party observations whereas cancellations of patents have been known to
take 4-13 years of legal battle. Considering the novelty, utility and
its effectiveness in preventing the grant of wrong patents several
countries and organizations have expressed their keenness in replicating
the TKDL model for their own countries. World Intellectual Property
Organization including the global community has recognized India’s
leadership in the area of Intellectual Property Rights and Traditional
Knowledge.
Genesis of TKDL Initiative