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

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

DOI:

https://doi.org/10.56042/jipr.v29i1.3373

Keywords:

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

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.

Author Biographies

  • Pankaj Kumar, National Law University and Judicial Academy, Guwahati — 781 031, India

    Dr. Pankaj Kumar
    DPIIT-IPR Chair Prof.
    National Law University and Judicial Academy, Assam
    8619109061

  • Ameeta Sharma, Department of Biotechnology, IIS (deemed to be university), Jaipur — 302 020, India

    Dr. AMEETA SHARMA
    Associate Professor,
    Department of Biotechnology,
    IIS (deemed to be University),
    ICG Campus, Gurukul marg, SFS, Mansarovar, Jaipur-302020, Rajasthan, India
    Mobile: 91-9929081507, 8003996522
    Mail id: ameeta.sharma@iisuniv.ac.in
                  ameeta141@yahoo.com

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Published

2024-04-04

How to Cite

Impact of TKDL on Patent Applications in the Field of Bio-resources and the Associated TK. (2024). Journal of Intellectual Property Rights (JIPR), 29(2), 133-140. https://doi.org/10.56042/jipr.v29i1.3373

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