Q15. How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies?

Model Answer:

Introduction

The Government of India has implemented several measures to protect traditional knowledge of medicine from being patented by pharmaceutical companies. These measures aim to safeguard the intellectual property rights of indigenous communities and ensure that traditional knowledge is not misappropriated. 

Body

The key initiatives and strategies are:

1. Traditional Knowledge Digital Library (TKDL):  To prevent the misappropriation of traditional knowledge by documenting it in a digital format.

2. Biological Diversity Act, 2002: To regulate access to biological resources and associated traditional knowledge.

3. Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act): To protect the rights of farmers and plant breeders and encourage the development of 4. Intellectual Property Rights (IPR) Policies: To align India's IPR policies with international standards while protecting traditional knowledge.

5. International Collaboration: To collaborate with international organisations to protect traditional knowledge.

  • Components:
    • World Intellectual Property Organization (WIPO): India actively participates in WIPO discussions on traditional knowledge and has contributed to the development of international frameworks for its protection.
    • Convention on Biological Diversity (CBD): India is a signatory to the CBD, which includes provisions for the protection of traditional knowledge.

6. Awareness and Capacity Building: To raise awareness and build capacity among stakeholders about the importance of protecting traditional knowledge.

7. Legal Framework and Enforcement: To strengthen the legal framework and enforcement mechanisms for protecting traditional knowledge.

8. Documentation and Preservation: To document and preserve traditional knowledge for future generations.

9. Research and Development (R&D): To promote research and development in traditional medicine while ensuring the protection of traditional knowledge.

10. Policy Advocacy: To advocate for policies that protect traditional knowledge at national and international levels.

Conclusion

These measures collectively aim to protect traditional knowledge from being patented by pharmaceutical companies, ensuring that the rights of indigenous communities are safeguarded and that they receive fair and equitable benefits from the use of their knowledge.

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