MP Shashi Tharoor submits Private Bill in Parliament to protect Traditional Knowledge
http://timesofindia.indiatimes.com/city/thiruvananthapuram/MP-Shashi-Tharoor-submits-Private-Bill-in-Parliament-to-protect-Traditional-Knowledge/articleshow/55135261.cms
Laxmi Prasanna | TNN | Oct 30, 2016, 12.10 AM IST
THIRUVANANTHAPURAM:
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.
"We
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
India.
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
commercial exploitation.
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
native culture.
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
(IPR).
"TK protection has to be
in-situ, in the place of its origin, retaining its originality and
geographical protection and need not be included in the IPR folder. TK
protection can be ensured by the State with rights for the original
holder by creating `Knowledge Commons' with those holding their rights
under a Commons License," Praveen Raj told TOI. The right holders shall
permit others to use knowledge in their possession for non-commercial
purposes. However, path-breaking discoveries need not be listed under
Commons and can be separately patented, he said.
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.
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
DECCAN CHRONICLE. | SABLOO THOMAS
Published Oct 21, 2016, 1:03 am IST
Updated Oct 21, 2016, 7:07 am IST
http://www.deccanchronicle.com/lifestyle/health-and-wellbeing/211016/natures-treasure-protect-traditional-knowledge.html
Experts ask state to act as a repository and take actions to shun commercial exploits
Thiruvananthapuram: How
to protect the traditional knowledge of a community or a region has
been a long-debated topic on which there has been no consensus. The
centre and the state have been reluctant to enact a law in this regard,
but experts say that traditional knowledge should remain with the state.
If traditional knowledge remains in the domains of individuals,
community or trusts, commercial interests may exploit it, they say.
Traditional knowledge refers to the systems, practices and innovations
of indigenous and local communities gained through centuries of
experience and adapted to the local culture and environment.
Mr R.S. Praveen Raj, senior scientist,
CSIR-National Institute of Interdisciplinary Science and Technology
(NIIST), told Deccan Chronicle that any attempt to codify
community-held traditional knowledge (TK) in the form of Traditional
Knowledge Digital Libraries (TKDL) would be a gross injustice to those
communities. Sharing the knowledge with patent offices would affect
the livelihood of traditional knowledge practitioners. “At the same
time, we should be careful in creating ‘registrable’ rights on TK,
including traditional medicine practices, and classifying TK under the
Intellectual Property Rights, which are exclusive rights operating like
a monopoly in practice,” Mr Raj said.
Any developments made by the use of TK
obtained under this license are added to the ‘knowledge commons’ making
them accessible to all. A ‘Traditional Knowledge Docketing System
(TKDS)’ should be created instead of registers to indicate the location
where the traditional knowledge is available, the community that
possesses it, and a short description of the nature of TK and the
community protocol if any,” Mr Raj said.
The communities should be empowered to
take appropriate intellectual property rights on the innovations made by
them and to negotiate with the potential customers by forming societies
or trusts of their own. “Therefore, the ultimate aim of the
legislation is not to protect the financial interests of the TK-holders
but to benefit society at large, as is the case with the fundamental
concept of patents,” Mr Raj said.
Meet to focus on knowledge bill
The second international seminar on
health, human rights and intellectual property rights will be held at
the Centre for Human Rights, Ernakulam Medical College, from Friday to
Sunday. Eminent personalities will participate in the seminar being
jointly organised by the Centre for Human Rights (CHR), Centre for
Health Law and Policy (CHLP) and Centre for Intellectual Property Rights
(CIPR) under the aegis of the National University of Advanced Legal
Studies, Kochi.
The meeting assumes significance as
the state government has kept on the back burner the draft Bill on the
protection and management of traditional knowledge (TK), while experts
have cautioned against creating monopoly rights on TK and classifying
it under intellectual property rights. The Bill prepared by a
six-member committee headed by Dr. N.S. Gopalakrishnan, director,
Inter-University Centre for IPR Studies, CUSAT, had proposed the
constitution of people’s trusts for the protection of TK at the
panchayat and district level on the lines of the biodiversity management
committees. The Bill has been pending with the law department for a
long time. Recently, Mr Shashi Tharoor, MP, had urged the union
government to bring in a traditional knowledge Bill. However, the centre
has not responded to the request.
The principal speakers at the
conference include Justice Kemal Pasha, judge of the Kerala High Court,
Dr . Carlos M. Correa, director of the Centre for Interdisciplinary
Studies on Industrial Property and Economics, University of Buenos
Aires, Dr . John Ouma Mugabe, professor of science and innovation policy
at the Graduate School of Technology Management, Dr . Ghazala Javed
who represents the Ministry of AYUSH in inter- governmental committee
meetings on traditional knowledge, traditional cultural expressions and
genetic resources at WIPO, Geneva, Mwania Kioko Nzuki, member of
Kenya national science, technology and innovation awards committee,
Thirunarayanan Thirumalai, head of the Public Health Initiatives at the
Centre for Traditional Medicine and Research and Dr Roshan Yedery, head
of intellectual property rights section of the National Innovation
Foundation.
Traditional Knowledge
Documents
Community Protocols under the Nagoya Protocol. Customary Sustainable Use (CSU) of Biological Diversity:- 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)
SOURCE: https://www.cbd.int/tk/cb/trainingprogramme/international/documents.shtml
Traditional Knowledge PORTAL
https://www.cbd.int/tk/about.shtml
********************
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
TKDL in Media in 2014
TKDL in Media in 2013
| 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
SOURCE: http://www.tkdl.res.in/tkdl/LangDefault/Common/PressCoverage_national.asp
*********
The Digital Protection of Traditional Knowledge: Questions Raised by the Traditional Knowledge Digital Library in India
http://cis-india.org/a2k/blogs/giswatch-december-9-2016-sunil-abraham-and-vidushi-marda-digital-protection-of-traditional-knowledge-questions-raised-by-traditional-knowledge-digital-library-in-india
**************
TKDL to Protect Traditional Knowledge of Indian Medicinal System
http://pib.nic.in/newsite/PrintRelease.aspx?relid=148831
12-August-2016 PRESS RELEASE
Press Information Bureau
Government of India
AYUSH
12-August-2016 17:01 IST
Government of India
AYUSH
12-August-2016 17:01 IST
TKDL to Protect Traditional Knowledge of Indian Medicinal System
The Ministry of AYUSH had established Traditional Knowledge Digital
Library (TKDL) in collaboration with Council for Scientific &
Industrial Research (CSIR). As per the information provided by the CSIR,
TKDL consisting of more than 2.90 lakh medicinal formulations of
Ayurveda, Unani and Siddha which are available in the public domain, in
five international languages namely English, Japanese, French, German
and Spanish. To facilitate the protection of country’s traditional
knowledge, access of TKDL has been provided to International Patent
offices (IPOs) under International Agreement. In addition, pre-grant
opposition on patent applications along with prior art evidences from
TKDL are submitted on a regular basis.
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.
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.
No comments:
Post a Comment