UPSC Previous Year Question | Mains GS3 | 2020

How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies? (Answer in 250 words)

Answer

Introduction

Traditional medicinal knowledge is often collective, oral and documented in local languages, making it vulnerable to private patents based on lack of prior-art evidence.

Analysis

Protection mechanisms

  • The Traditional Knowledge Digital Library documents Ayurveda, Siddha, Unani and yoga formulations in patent-search languages.
  • Patent examiners can use this prior-art database to reject claims that lack novelty, as seen in attempts involving turmeric, neem and basmati-related knowledge.
  • The Biological Diversity Act and access-and-benefit-sharing framework regulate access to biological resources and associated knowledge.
  • India uses the Convention on Biological Diversity and Nagoya Protocol principles to press for disclosure of source and origin.
  • Geographical indications, community documentation, defensive publication and national biodiversity registers provide additional safeguards.

Limitations

Documentation cannot replace community consent or benefit-sharing. Digital records may omit undocumented knowledge, and enforcement across jurisdictions remains difficult.

Conclusion

India needs stronger international rules, local custodianship, prior informed consent and fair economic returns alongside defensive patent protection.

Internationally, India should seek disclosure of origin and evidence of prior informed consent in patent rules. Communities should be treated as knowledge holders, not merely as data sources. Benefit-sharing can finance conservation, healthcare and local livelihoods. Awareness among patent offices, researchers and companies is necessary to prevent misappropriation while allowing legitimate innovation based on ethically accessed biological resources.

Such safeguards make conservation and innovation mutually supportive rather than competitive.

Keywords

traditional knowledge; TKDL; biopiracy; benefit sharing

Topics: biopiracy, intellectual property, science and technology, traditional knowledge