Introduction
When it comes to a debate about misappropriation of its traditional knowledge by corporate entities and foreign research organizations, India has always been at the spearhead. India has a massive reservoir of traditional knowledge, that is information related to natural products, that has been carried over by communities through generations, that too without proper account or documentation of the same. Similarly, there have been debates regarding the issue of bio-piracy.
Bio-piracy is a process wherein an entity illegally makes use of traditional knowledge, and gains benefits out of such exploitation, neither with prior consent from communities, nor sharing of any benefits with communities later on.
Initiatives by India
In the year 2017, India had commenced discussions at the World Trade Organisation (WTO), regarding the issue of bio-piracy. The same discussions were revived, with an international session regarding bio-piracy, that was co-organized by India in August, 2018, in collaboration with South Centre, a Geneva-based international organization. This session was attended by a number of countries' representatives- from New Zealand, Australia, Brazil, China, Namibia, Peru and the United States. Not only countries, but also organisations working in the field participated in the session, including Zo Indigenous Forum, a human rights-based indigenous people's organization in Mizoram.
Developing countries, including India, demanded full and mandatory disclosure of two kinds of information by patent applicants, under Patent law:
When such information is disclosed by patent applicants, it will result in a reduction in the chances of exploitation of traditional, indigenous knowledge that has been propagated amongst local communities for centuries.
In the past, the Indian Government has passed laws and has also made certain amendments to existing laws, for preserving the interests of communities that have acquired traditional knowledge. The National Biodiversity Act, 2002, protects such traditional knowledge by the regulating use of such details by any foreigner, Indian citizen, and corporate entity controlled by a foreigner or Indian citizen. The Act also mandates that any entity seeking an IPR registration proves that prior permission was obtained from Indian communities before using any traditional information that they hold.
Furthermore, Section 3 (p) of the Indian Patent Act, 1970, prohibits the provision of patent protection to any invention that involves use of traditional knowledge or any duplication or collection of such knowledge. Additionally, other Acts that provide protection in the same manner are- Protection of Plant Varieties and Farmers Rights Act, 2001, Geographical Indication of Goods (Registration and Protection) Act, 1999, and Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
India, having an abundance of such traditional knowledge in each and every corner of the country, has also taken other initiatives to protect the interests of communities as well as the country. These include the Traditional Knowledge Digital Library (TKDL), which is a collection of digitized traditional medicinal knowledge available in the public domain in the form of existing literature, like Ayurveda, Unani, Siddha and Yoga. This initiative was taken when there was a revocation of a patent on the wound-healing properties of turmeric (haldi) at the USPTO (US Patent and Trademark Office), and a patent for the discovery of antifungal properties of neem, granted by the European Patent Office. The TKDL has also increased access to traditional knowledge and use of such knowledge for beneficial purposes.
The Convention on Biological Diversity, at the international level, has envisioned three aims
Under this convention, the Nagora Protocol was incorporated. It aimed at providing access to genetic resources, and sharing of its benefits in a fair and equitable manner after utilization. It intends to create incentives to conserve biological diversity, sustainable use of its components and further enhance the contribution of biological diversity to sustainable development and human well-being.
