Intellectual Property (IP) and Intellectual Property Right (IPR), Traditional Knowledge (TK) and Protection of Traditional Medical Knowledge (TMK)

Abstract

Intellectual property (IP), creations of the mind, has both a moral and a commercial value. Traditional medical knowledge, such as the medicinal use of herbs, is often associated with genetic resources. Herbal genetic resources exist in nature and are not creations of the human mind; therefore, they cannot be directly protected as intellectual property (IP). They are subject to access and benefit-sharing regulations under international agreements. Patents based on traditional Indian medicine have included the use of turmeric for healing wounds; the antifungal properties of neem and a diabetes medicine made from extract of black plum (Syzygium cumini) were subsequently revoked. IP includes inventions, literary and artistic works, designs and symbols, names and images used in commerce. IP is protected by patents, copyright, trademarks, trade secret, geographical indication, etc. IP law grants the author of an intellectual creation exclusive right for exploiting and benefiting from their creation. Intellectual property right (IPR) is a right of a person or a company to have exclusive authority over the use of its own plans, ideas, or other intangible assets without the worry of competition. This right safeguards creators and other producers and may be enforced by a court via a lawsuit. The plant variety protection and farmers rights act enacted in many countries of the world was designed to protect the new plant and crop variety. On April 26 every year, we celebrate World Intellectual Property Day to promote discussion of the role of IP in encouraging innovation and creativity. According to Article 27 of the Universal Declaration of Human Rights, “everyone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author”. The ethical problems brought up by intellectual property rights are most pertinent when it is socially valuable goods like life-saving medicines and genetically modified seeds that are given intellectual property protection. Traditional knowledge (TK) about the use of medicinal herbs of many nations is highly valuable. TK of various communities has even led to discovery and development of drugs like digitalis, morphine, colchicine, artemisinin, podophyllotoxin, salicin, etc., from various plant species. Biodiversity rich regions of various continents across the globe harbor flora of immense medicinal importance. The fastest growing international drug market for botanical medicines has seriously affected many species almost to the level of extinction because many of their ruthless exploitation in an unsystematic manner. The traditional knowledge is drawing global attention, popularity, and patronization due to awareness regarding the side effects of allopath but this has made the traditional knowledge system prone to ‘biopiracy’ and ‘patenting’ both within the country of origin as well as outside. The false claim on novelty and use of indigenous knowledge for commercial benefits needs to be checked. It is essential not only to preserve the traditional and indigenous knowledge but also to preserve the biodiversity of a locality and culture of the indigenous people from wrongful ownership. The major International Regulations effecting IPRs and traditional knowledge are Convention on Biological Diversity (CBD) and Trade-Related Intellectual Property Rights (TRIPs). The provisions of TRIPs and CBD have tried to develop a system of protection of traditional knowledge globally, which needs to be further strengthened in terms of providing incentives for disclosure and dissemination of valuable traditional knowledge. The disclosure and dissemination of traditional knowledge is to be achieved by linking the grassroots knowledge systems with the global opportunities for financing the commercial use of biological diversity. The developing countries have a rich abundance of indigenous and local knowledge systems, and documentation of this knowledge is of prime importance. This documentation in electronic format would serve as a databank for searching for information before grant of patent and would register the traditional use patterns.