Abstract

TKDL being a major tool to protect traditional knowledge has been successful in preventing the wrongly granted patents in 220 cases.TKDL does not cover indigenous knowledge, hence the paper recommends that either TKDL should include indigenous knowledge in its database or optionally a comprehensive and confidential database may be prepared exclusively for indigenous, tribal and nomadic communities. The present paper observes that patents are being obtained wrongly by persons abroad by slight manipulations in claims such as a composition, formulation or preparations wherein the claimed herb with known property constitutes the major ingredient. Such Patents too, need to be identified and oppositions or communications be filed before patent offices in India and abroad, as the case may be.

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