Oral or Codified Disclosed or undisclosed
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Documentation of Traditional Knowledge for protection, preservation and wealth creation at International Conclave on Traditional Medicine 17th November 2006 Traditional Knowledge
Oral or Codified Disclosed or undisclosed Misappropriation and Lack of Wealth Creation
Identification & Involvement of holder(s), confidence & trust Ownership & practical model on sharing of the benefits Unequal partnership & Alliance Technological and Societal Barriers Customary laws, abuse & morality Safeguarding vs encouragement of misappropriation Disclosed vs undisclosed TK
Protecting Traditional Knowledge
4896 references on 90 medicinal plants in USPTO patent databases 80% of references on seven medicinal plants of Indian Origin. Kumari, Mustaka, Tamraparna, Garjara, Atasi, Jambira, Kharbuza Almost 50% of patents linked to traditional medicine
IPR & Defensive Protection on TK Problem Dimension: Patents Granted on Unani Formulations
Study carried out in April 2003 Patent Databases studied: USPTO, UKPO, EPO Several unpatentable patents on Unani drugs found which include Babuna, Badam, Darchini, and Gul-e-Surkh, Gurmar, Hina, Hulba, Huzuz, Kali Zeeri, Karela, Katan, Mom, Nagkesar, Nankhwah, Neeb, Panwar, Piyaz, Sana, Sandal Safaid, Seer, Shib Zanjabeel.
March 2003 : 15000 December 2005 : 35587 Medicinal Plant Patents / Year : 5000 Possible Patents concerning Indian Plants / Year : 4000 Possible Patents on Indian system of Medicine : 2000
Comparison of U.S. Patents with references cited in Ayurveda PRIOR ART
IPC & Medicinal Plants
TKDL Established the International Standards on TK databases
IGC in Dec’ 2002 adopted WIPO/GRTKF/IC/4/14 document entitled “Technical proposal on databases and registries of traditional knowledge and biological/genetic resources”
CORE PRINCIPLES OF TKDL ACCESS AGREEMENT
Access to TKDL by the examiners of an international patent office would only be utilized for patent search and examinations. International patent officers and their examiners would not make any third party disclosure other than what is necessary and essential for the purpose of patent search and examination.