Lok Sabha Question No. 2966 (UNSTARRED), answered on 2023-03-17
Subject: Traditional Knowledge Digital Library
Ministry: AYURVEDA,YOGA & NATUROPATHY,UNANI,SIDDHA AND HOMEOPATHY (AYUSH)
Asked by: Kuruva Gorantla Madhav

## GOVERNMENT OF INDIA MINISTRY OF AYUSH

## LOK SABHA UNSTARRED QUESTION NO. 2966 TO BE ANSWERED ON 17.03.2023

## TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

## 2966. SHRI KURUVA GORANTLA MADHAV:

Will the Minister of AYUSH be pleased to state:

- (a) the details of the Traditional Knowledge Digital Library (TKDL) which has been set up as an Indian digital knowledge repository of the traditional knowledge;
- (b) the progress made in this regard along with the benefits realized therefrom; and
- (c)  the  details  of  other  such  measures  taken/to  be  taken  to  protect  the  ancient  and  traditional knowledge of the country from exploitation through biopiracy and unethical patents?

## ANSWER THE MINISTER OF AYUSH (SHRI SARBANANDA SONOWAL)

- (a) The Traditional Knowledge Digital Library (TKDL) is a prior art database of Indian traditional  knowledge  established  in  2001,  jointly  by  the  Council  of  Scientific  and Industrial  Research  (CSIR)  and  Department  of  Indian  Systems  of  Medicine  and Homeopathy  (Dept.  of  ISM&H,  now  Ministry  of  AYUSH).  The  TKDL  was established to prevent misappropriation of Indian traditional knowledge (TK) by way of intellectual property rights. The TKDL currently contains information from ancient texts  related  to  ISM  such  as  Ayurveda, Unani,  Siddha, Sowa Rigpa and Yoga. The information from ancient texts of medicine and health existing in local languages such as  Sanskrit,  Hindi,  Arabic,  Persian,  Urdu,  Tamil,  Bhoti  etc.,  have  been  transcribed into  five  international  languages,  namely  English,  French,  German,  Spanish  and Japanese in the TKDL database. The TKDL thus serves as a robust prior art database of Indian TK information therewith offering the information in languages and format understandable  by  patent  examiners  at  Patent  Offices  worldwide.  The  TKDL  thus prevents erroneous grant of patents by patent offices.

The  access  to  this  database  is  given  to  patent  offices  world-wide  that  have  signed Non-disclosure Access Agreements with the CSIR, for search of TKDL evidences in the  context  of  patent  applications  filed  with  them.  The  TKDL  prior  art  database  is

currently available to 16 patent offices - including the Indian Patent Office (Controller General  of  Patents,  Designs  &  Trade  Marks),  European  Patent  Office,  US  Patent Office, Japanese Patent Office, German Patent Office, Canadian Patent Office, Chile Patent Office, Australian Patent Office, UK Patent Office, Malaysian Patent Office, Russian  Patent  Office,  Peru  Patent  Office,  Spanish  Patent  &  Trademark  Office, Danish  Patent  and  Trademark  Office,  National  Industrial  Property  Institute  (INPI, France) and Eurasian Patent Organization.

In addition to the use of TKDL database by patent offices, the CSIR-TKDL Unit also files  third  party  observations/pre-grant  oppositions  on  patent  applications  that  have relevance  to  Indian  traditional  knowledge.This  defensive  protection  through  TKDL has been effective in safeguarding Indian traditional knowledge from misappropriation, and is considered a global benchmark.

- (b) A total of 448764 ISM formulations including 127533 in Ayurveda, 240850 in Unani, 70158 in Siddha, and 5445 in Sowa Rigpa, and 4778 in Yoga techniques have been transcribed so far into the TKDL database. On the basis of TKDL evidences, so far, 283 patent applications have been either refused, amended or withdrawn/abandoned, thus protecting Indian traditional knowledge.
- (c) As  per  the  national  Biological  Diversity  (BD)  Act,  2002,  approval  of  the  National Biodiversity  Authority (NBA)  is  necessary  before  seeking  any  IPR  based  on biological material and associated knowledge obtained from India. Under the BD Act, 2002  and  Rules  thereunder,  the  NBA  has  also  been  pursuing  efforts  on  Peoples Biodiversity Register (PBR).  The  register  is a tool for  formal  recording  and maintenance  of  comprehensive  information  on  availability  and  knowledge  of  local biological  resources,  their  medicinal  or  any  other  use.  The  CSIR-TKDL  Unit  has signed  a  Non-Disclosure  Agreement  with  NBA  for  evaluating  and  identifying modalities  for  possible  inclusion  of  information  from  the  PBR  into  the  TKDL database.

Under  Section  3p  of  the  Indian  Patents  Act,  1970,  invention  which  in  effect,  is traditional knowledge or which is an aggregation or duplication of known properties of a traditionally known component or components, is non-patentable. In addition, the Patents Act, 1970 provides for disclosing the source and geographical origin of the biological  material  in  the  specification,  when  used  in  an  invention  and  conveys  the information to NBA, thereby facilitating compliance.

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