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

Traditional knowledge is integral to the identity of most local communities. It is a key constituent of a community’s social and physical environment. As per records of the global trademark offices it was found that approximately 2,000 patents had been issued at a cost of millions for medical plants and traditional systems that are prevalent in India.

In this context Government of India took following steps to protect them from patent:

• Ministry of AYUSH: Dedicated ministry was formed for the traditional medicine system.
• Traditional Knowledge Digital Library (TKDL) Made Indian traditional medicine knowledge available in the public domain so as to check the genuineness of the patent. Prevented thousands of patents from being filed internationally.
• Recognition under UNESCO intangible cultural heritage: UNESCO recognition to traditional medicinal knowledge such as Ayurveda, Yoga, Sowa Rigpa, Unani etc has allowed India to establish link with the country of origin and prevented patenting.
• Signed and ratified the Nagoya Protocol: This enabled Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation (ABS).
• Granted licence to 200,000 local treatments as ‘public property’: Government made it free for anyone to use but no one to sell as a brand.
• Upgradation of IPR laws: To include all types of property rights with the provisions for protecting it from exploitation.

Step taken by the government has enabled the cancellation and withdrawal of a large number of patent applications attempting to claim rights over the use of various medicinal plants. However, misappropriation of Traditional Knowledge and biopiracy of genetic resources are still a great concern. It is high time for a global framework and an internationally legally binding instrument to effectively protect Traditional knowledge.