How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies? (UPSC IAS Mains 2019 General Studies Paper – 3)
Traditional medicine comprises medical aspects of Traditional Knowledge (TKs) that developed over generations within various societies before the era of modern medicine. India has diverse set of traditional practices arising out of Ayurveda, Siddha, and diverse Tribal Practices that have developed over generations.
Issues involved in the protection of Traditional Knowledge
- Non-codification of TKs: Non-codified traditional knowledge are vulnerable to lose their relevance with the influences of modern medical practices.
- Patenting of TKs by Biotechnology companies: Various cases of Bio-piracy were raised in India where Biotech companies used the Traditional Knowledge to develop products and issued patents. E.g. Jeevani sports drug was derived from traditional knowledge of Kani tribe.
- Access and Benefit Sharing from TKs: Traditional knowledge is also often held collectively by communities, rather than by individual owners. This makes the benefit sharing difficult.
- Inadequate International Regimes for protection of TKs: Due to the community nature of traditional knowledge, it is not recognized in international laws explicitly.
Steps of Government To Protect TKs
- Legal Steps:
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- Biological Diversity Act: It contains the provision for fair and equitable sharing of the benefits arising out of the utilization of genetic resources.
- Forest Rights Act 2006: It provides for community rights over forest resources. It can help in the protection of traditionally owned knowledge and practices. It also protects and promotes the livelihood of tribal community which is often based on their knowledge system and forest produce.
- The Geographical Indication of Goods (Registration and Protection) Act, 1999: It provides a collective right to the holders of the traditional knowledge associated with a particular geographical area.
- AYUSH Ministry: To cultivate education and research in Ayurveda, Yoga, Naturopathy, Unani, Siddha, Homoeopathy, Sowa-Rigpa (Traditional Tibetan medicine), and other indigenous medicine systems.
Policy Measures, Initiatives and Projects
- Traditional Knowledge Digital Library (TKDL): It is a repository of traditional knowledge, especially of medicinal plants and formulations used in Indian system of medicine.
- National Ayush Mission: It promotes AYUSH medical practices, quality enhancement and mainstreaming these practices to our healthcare system. It also promotes the education and awareness of AYUSH medicine system.
- Research Centres and National Institutes have been created across India in the fields of Ayurveda, Unani, Homoeopathy, Siddha.
- India has also signed agreements with the United Kingdom Intellectual Property Office and other countries’ patent office like USA etc to prevent the grant of invalid patents by giving patent examiners at International Patent Offices access to the TKDL database for patent search and examination.
The interest in traditional medicines is growing rapidly due to the increased side effects, adverse drug reactions, and cost factor of modern medicines. So, awareness and development of various traditional knowledge practices should be done along with a focus on their mainstreaming so as to reap its potential of great livelihood support particularly for the tribals. Also, a sui-generis system should be developed that can recognize the diverse nature of Traditional Knowledge and provide them with adequate legal and commercial protection.
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