MP Shashi Tharoor submits Private Bill in Parliament to protect Traditional Knowledge
Laxmi Prasanna | TNN | Oct 30, 2016, 12.10 AM IST
Spearheading the cause of Traditional Knowledge (TK)
protection by taking up the recommendations of scientists from Kerala,
Member of Parliament (MP) Shashi Tharoor has submitted a Private Bill in
Parliament to protect TK and is under consideration in the Parliament.
This comes after Political leaders of Kerala cutting across political
barriers had pledged their support to push for TK Bill in the
Parliament, following scientists concern to check bio piracy.
have a wealth of Traditional Knowledge (TK) in our country, but no
means of protecting it, regulating its applications or ensuring it's not
wrongly exploited. My Bill seeks to recognise TK and protect it in all
our interests," MP Shashi Tharoor told TOI, after submitting the Private
Bill in Parliament to protect TK.
The TK Bill which is submitted
to the Parliament shall come into force on such date as the Central
Government may issue, by notification in the Official Gazette. Once
passed by the Parliament, it will be called the Protection of Indian
Traditional Knowledge Act -2016 and it will extend to the whole of
The Bill defines Traditional knowledge' (TK) as knowledge
and expression of culture, which may subsist in codified or oral or
other forms, whether publically available or not, that is dynamic and
evolving and is passed on from generation to generation. It is
associated with groups who are maintaining, practicing or developing it
in traditional cultural context, and includes know-how, skills,
innovations, practices, learning, medicinal preparations, method of
treatment, literature, music, art forms, designs and marks, provided
that this shall not include any TK covered by any law for the time being
in force passed by the Indian parliament. It also calls for providing
TK preservation, promotion, management and to check unauthorized
Scientists from Kerala had indicated
that TK protection has to be ensured to check bio-piracy. They too had
indicated that TK refers to the knowledge passed on since generations,
innovations, tribal herbal cures, unique agricultural practises and
Behind the scene, a senior scientist on IPR
management Praveen Raj from CSIR- National Institute for
Interdisciplinary Science and Technology (NIIST) here had consistently
taken up the cause of TK protection by inspiring and guiding Tharoor in
drafting the TK Bill. In a first, he had reiterated to protect TK
separately and not to include it under Intellectual Property Rights
He had already made a plea to Chief Minister Pinarayi Vijayan to introduce TK Protection Law based on the Kerala IPR policy 2008. The CM's office had sent the file to Chief Secretary and from there it was forwarded to Kerala State Council for Science, Technology and Environment (KSCSTE). KSCSTE officials had stated the Kerala IPR Policy and draft TK bill was formulated by the Law department and the proposed TK Protection Act comes under the purview of Law department.
The LDF government in 2008 had announced the IPR policy and placed in the legislative assembly. Later, the UDF led government had constituted a committee which had released a draft TK Protection Rules on July 1 2014. Earlier, Law secretary BG Harindranath told TOI that TK protection comes under IPR and Patents Act of the Centre and the legislation forms part of the Central list. "As per the Constitution, the state has no legislative competence to introduce the TK bill. Only the Parliament can introduce that," he said.
Finance Minister Thomas Isaac had assured the state government support in introducing a legislation for TK protection. Congress MLA VD Satheesan has also assured to take up the call for a proper legislation to protect TK. MLA VD Satheesan told TOI that many are unaware of the need to protect TK, despite the fact that Kerala is rich in TK particularly the herbal cures with its biodiversity hotspot in the Western Ghats.
Nature’s treasure: Protect traditional knowledge
DocumentsCommunity Protocols under the Nagoya Protocol.
- How Tasks 7, 10 and 12 Could Best Contribute to Work under the Convention and to the Nagoya Protocol (UNEP/CBD/WG8J/8/4/REV2)
- Advice on how Article 10 (C) Can be Further Advanced and Implemented as a Priority (UNEP/CBD/WG8J/6/2/ADD1)
- Article 10, with a Focus on Article 10(C), as a Major Component of the Programme of Work on Article 8(J) and Related Provisions of the Convention (UNEP/CBD/WG8J/7/5)
- Report of the Meeting on Article 10 with A Focus on Article 10(C) As a Major Component of the Programme of Work on Article 8(j) And Related Provisions of the Convention (UNEP/CBD/WG8J/7/5/ADD1)
- Report of the International Conference for Indigenous Peoples and Local Community Land and Sea Managers and the Resulting Network (UNEP/CBD/WG8J/8/INF/12)
- Indicators Relevant for Traditional Knowledge and Customary Sustainable Use (UNEP/CBD/WG8J/8/9)
- Progress in the Implementation of Article 8(j) and Related Provisions and its Integration into the Various Areas of Work Under the Convention and Through the National Reports and Participation of Indigenous and Local Communities in the Work of the Convention (UNEP/CBD/WG8J/8/2)
Traditional Knowledge PORTAL
National Press Coverage
TKDL in Media in 2016
|1.||Dec 09, 2016||Business Standard - More than 3 lakh formulations from the texts of AYUSH System have been digitilized under TKDL:ShripadYesso Naik|
TKDL in Media in 2015
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|1.||Dec 15, 2013||General Knowledge Today - Articles from General Knowledge Today|
|2.||Jan 28, 2013||Hindustan Times - India foils US firm bid to patent turmeric|
TKDL in Media in 2012
TKDL in Media in 2011
TKDL in Media in 2010
TKDL in Media in 2009
Earlier Media Coverage
The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India
TKDL to Protect Traditional Knowledge of Indian Medicinal System
12-August-2016 PRESS RELEASE
As per the information provided by the CSIR, the implementing agency of the TKDL project, the total cost incurred on the project is Rs. 20 Crores approximately.
As per the information received from CSIR, till date TKDL has been successful in preventing the grant of wrong patents in 220 cases. For further facilitating the prevention of grant of wrong patents at International Patent Offices (IPOs), International Access Agreements on TKDL have been concluded with United States Patent & Trademark Office, European Patent Office, Canada Patent Office, Germany Patent Office, Japan Patent Office, United Kingdom Patent Office, Australia Patent Office, Malaysia Patent Office, Chile Patent Office and Indian Patent Office.
Apart from bio-piracy, to prevent misappropriation of Yoga, Ministry of AYUSH through Sangeet Natak Akademi (the nodal organization of Ministry of Culture) has filed nomination of Yoga at UNESCO to include Yoga in the representative list of the Intangible Cultural Heritage of Humanity. Indian Patent Office had also brought out Guidelines for processing Patent Applications relating to Traditional Knowledge and Biological Material to help Patent examiner to analyze what constitute novelty and inventive step in Traditional Knowledge (TK) related invention. The Biological Diversity Act, 2002 also aims conservation of biological resources, sustainable use of its components and fair and equitable sharing of benefits arising out of the use of biological resources. Further, the Biological Diversity Act, 2002 requires every local body to constitute a Biodiversity Management Committee (BMC) within its area with the objective to prepare People’s Biodiversity Register in consultation with local people. The Register shall contain comprehensive information on availability and knowledge of local biological resources, their medicinal or any other use or any other traditional knowledge associated with them.
This information was given by the Minister of State (Independent Charge) for AYUSH, Shri ShripadYessoNaik in written reply to a question in Lok Sabha today.