Traditional knowledge, “the knowledge actually developed and retained by individuals, is a storehouse of technical knowledge, practices, and representations.” Which is obtained by handling and developing through the long-term interaction of individuals and the natural environment.
Traditional knowledge includes knowledge of various types of traditional techniques related to livelihood, such as tools and techniques for the business of agriculture, climate, astronomy, ecology, obstetrics, etc.
This knowledge is transferred from one generation to the next in the form of oral or verbal form, adapting to the local culture and environment. Note: “Traditional” does not mean “Old”.
Some Special Characteristics of Traditional Knowledge (TK)
1. The traditional knowledge of different communities is often different and the interests and interests of a community are reflected by its traditional knowledge.
2. Some communities live their life on the basis of their traditional knowledge i.e., traditional knowledge is the basis of their survival.
3. Traditional knowledge is such intellectual property, by which the interests of that area community can also be ascertained.
4. This knowledge is well received in reliable form only after many generations.
5. This knowledge cannot be acquired immediately, but it continues to be received from the ancestors.
6. This knowledge is also helpful in the conservation of species, ecosystem, nature depiction, and local languages.
7. Traditional knowledge is not owned by any particular individual but is collectively owned by any one group or community. Therefore, the various forms of this knowledge are as follows: tales, stories, songs, traditional beliefs or customs, rituals, agricultural practices, development of plant subspecies and animal breeds, etc.
8. The ideology of traditional culture or the ideology of traditional beliefs and practices can be tangible or intangible or a combination of both.
9. Cultural expression includes music, musical instruments, story, art, handicrafts, words, names, editing of work, design of jewelry, etc.
Traditional Cultural Expression (TCE) includes productions that are made up of particular elements of traditional artistic heritage developed or maintained by individuals or communities of a region or country. which specifically reflect the traditional artistic expectations of those individuals or communities, such as signs, signs, puzzles, traditional tales or poems or songs or dances, etc.
Importance of Traditional Knowledge, its Advantages, and its Protection
1. Traditional knowledge is very important and beneficial for the people of local and indigenous communities because they get their employment and livelihood through this knowledge, and use their local conditions well for a long time.
2. The people of traditional communities are smart enough to maintain themselves well with the help of agriculture, for which they take the help of this knowledge to balance the resources of their environment and their needs.
3. Many developing countries are developing some of their industries by using the traditional knowledge that has been going on since time immemorial, which brings economic benefits to those countries.
4. Traditional knowledge is helpful in preventing the unauthorized use of biological resources or related traditional knowledge by many individuals, and the uncompensated use of such knowledge-based investigations. This will prevent bio-piracy.
5. Income can be increased by establishing based on traditional knowledge and with the help of creative power. From your communities
6. By performing works that reflect the customs of your community to the public, profit can also be made for economic-related industries.
It is known from here that it is very necessary and beneficial to protect the indigenous traditional knowledge.
Views of Different International Organizations about Local and Indigenous Communities
In 1992, the Convention on Biological Diversity (CBD) recognized the need for the contribution of traditional knowledge to the species, ecosystems, and landscapes of the international intellectual property regulations. The emphasis was on making changes.
Along with this, the collective human rights of indigenous and traditional, and local communities have also been recognized by the International Labor Organization Convention (1989) and Declaration on the Rights of Indigenous People (2007). Many countries of the world have given recognition in 1992. Many countries including the United States in the 1992 Rio Declaration also recommended special attention to these local and indigenous communities.
Traditional Cultural Expressions or Expression of Folklore (TCE)
1. They represent the traditional beliefs, practices, or collections of a caste or community.
2. These are many forms of display of the traditional culture of chivalry.
3. Each of them is transferred from one generation to the next generation.
4. Through this, the people of any one indigenous and traditional community are partially exhibited by inherited or inherited traits. These traits include ideas, knowledge, skills, etc.
5. By preserving this traditional culture, creativity, and cultural diversity are encouraged, and the cultural heritage inherited is protected.
Different Forms of TCE
(a) any name, sign, or sign
(b) performance of a function, drama, cinema, etc., sport, spectacle, music
(c) any art, design, artistic or cultural performance
(d) Architectural Shape, Handicraft, or Handicraft
(e) Story, lecture, etc.
Intellectual Property Rights to Preserve, Protect and Promote Traditional Knowledge (TK)
In 1992 the Convention on Biological Diversity (CBD) recognized the importance of using intellectual property rules in the conservation of species and natural landscapes of the countryside. But the difficulty in making rules related to this was that by doing so, international intellectual property treaties would also have to be amended.
Along with this, there was also difficulty in accepting the Treaty of TRIPS, recognized by the WTO, because the rules made by TRIT for the protection of intellectual property did not meet the rules of the CBD. In the end, CBD was suggested by many countries to WIPO to establish a link between intellectual property rights, biodiversity, and traditional knowledge.
In the past, the following organizations or treaties have recognized the collective human rights of indigenous and local communities –
1. International Labour Organisation (ILO) Convention – 1989
2. Declaration on the Rights of Indigenous Peoples – 2007
3. Rio Declaration – 1992
Demands of Indigenous People and People of Local Communities
1. Not to use traditional signs and designs as good luck items or amulets.
2. Prohibiting the distribution of traditional stories by copyrighting them, patenting medicinal plants, and directing or modifying traditional songs.
Methods Suitable for Protection of Traditional Knowledge
1. According to the first method, traditional knowledge can be preserved as a cultural heritage.
2. According to the second method, traditional knowledge can be protected as cultural human rights.
3. According to the third method, the existing or any new unique method (Sui generis methods) can also be used to protect the traditional knowledge.
Views about Protection of Traditional Knowledge
1. Some indigenous people do not have a stable view on this subject and are trying to find out if any of the technologies related to the protection of intellectual property (such as copyrights, patents, trademarks, and trade secrets) are suitable technology at present. To be selected for the protection of knowledge.
2. Some people are of the view that the technology of intellectual property will be successful only if the laws related to it are innovated by making fundamental changes.
3. Some people are of the view that the principles or concepts on which the rules relating to intellectual property are based are against traditional cultural concepts.
4. Some others are of the view that protection should refer to organized human rights so that their separate identity and religious and cultural heritage are also protected.
Indigenous Intellectual Property
Indigenous intellectual property is a legal term or term used on national and international forums to recognize the exclusive rights of indigenous persons to the knowledge that their indigenous groups now know, previously known, and will in the future. Will know This notion has been developed by Western legal traditions and is now promoted by the World Intellectual Property Organization (WIPO).
In 1992, the Convention on Biological Diversity (CBD) first emphasized the need to promote the use and conservation of traditional knowledge of how to properly maintain, maintain and maintain the use of bio-diversity. Later, many countries ratified it.
CBD has provisions for the following: –
Each Member State shall respect, preserve and protect the customs, knowledge, and innovations of local and indigenous communities in accordance with the laws of their respective countries. Will expand their use, which is part of their traditional lifestyle. In addition, it was also decided that the benefits derived from the use of these practices and knowledge would be shared as equitably as possible.
Bringing Traditional Knowledge (T.K.) into Public Domain
If we take any literary or artistic work or work that is related to or based on traditional culture or folklore, then it is also possible that there are new elements or ideas in it, due to which the work or action taken is a new There can be work whose Creator is living and identifiable. There should be a novelty in the meaning, design, or adoption of this contemporary work. Or it may contain a collection of cultural heritage that is already in existence or the traditional culture has been settled in some modified form.
Contemporary and custom-based ideas and works of traditional culture are often protected under current copyright laws because they have the appearance of novelty when published.
Once the intellectual property rights received by new works of traditional knowledge are exhausted, then those works are called “Public Domain”. But some people do not agree with this view. Because an only very little part of traditional knowledge. Intellectual property is protected under rights, and similar knowledge is already in the public domain.
Need to preserve Indigenous Traditional Knowledge (ITK)
Reasons for Protection of ITK
1. This knowledge has been seen and tested for centuries, so many developing countries can improve their economic condition by making proper use of their biological wealth.
2. By its protection, traditional communities can use the environment according to their needs.
3. Individuals from indigenous and local communities can achieve success in maintaining and improving their standard of living.
4. Its protection will prevent unauthorized use of biological resources and theft of patent rights.
Traditional Knowledge Digital Library (TKDL)
It is a repository of traditional knowledge under Indian numerological knowledge, which is particularly related to the medicinal plants and formulations used in the Indian system of medicines. This library was established in the year 2001 in collaboration with the following institutions of the Government of India.
1. Council of Scientific and Industrial Research (CSIR)
2. Department of Ayurveda, Yoga, and Naturopathy, Unani, Siddha, and Homeopathy (AYUSH)
Main Aim of Traditional Knowledge Digital Library (TKDL)
These objectives are as follows-
“Protecting India’s Ancient Traditional Knowledge (TK) against Bio-piracy and Unethical Patents.”
In this TKDL, records related to the formulas of the Indian system of medicines like Ayurveda, Unani, Siddha, and descriptions of various forms of Yogasanas are available in English, German, and Japanese, French and Spanish languages.
For this purpose, the following steps are followed sequentially –
1. Classification of ancient traditional knowledge from the International System of Classification,
2. Obtaining credit records of classified data electronically. These records are available in English, French, German, Japanese, and Spanish languages.
3. Using records to preserve this knowledge (TK).
Work done for Traditional Knowledge Digital Library (TKDL) in India
1. India has entered into treaties with various international patent offices to provide protection against bio-piracy of traditional knowledge –
* U.K. Patent & Trade Mark Office (UKPTO)
* U.S. Patent and Trademark Office (USPTO)
* European Patent Office (EPO)
For this purpose, the patent examiners working in the International Patent Offices are kept in touch with the database of TKDL to check and test the patents and the help of those examiners is taken.
2. India has made copies of about 150 books in the Public Domain in AYUSH Science which is in English, French, German, Japanese and Spanish languages.
3. Data relating to lakhs of sutras in Ayurveda, Unani, and Siddha sciences are also kept in TDKL.
Impact of Traditional Knowledge Digital Library (TKDL) on Bio-Piracy
Appropriate decisions taken by TKDL have resulted in a significant reduction in bio-piracy. Patent applications of related Indian plants in pharmaceuticals have come down by almost 40% because strict legal action is being taken honestly in the cases of bio-piracy, which has been possible only because of TKDL.
India is the only country in the world that has made provision for a successful organization like TKDL in its country for the purpose of protecting traditional knowledge.
Patent rights have been obtained many times in India by external institutions by deceiving the traditional knowledge, which India has to spend a lot of time and money to solve. It took India about 10 years with the help of the European Patent Office to get the anti-fungal properties of the neem patent approved or revoked by an external institution (by then TKDL had not been established.) But now after the establishment of TKDL, this task has become very simple and in this type of process, now a lot of time and money is saved and the dishonest patenting of Indian traditional knowledge can be easily prevented or revoked.