Combating Biopiracy: How India’s TKDL Protects Traditional Knowledge

Combating Biopiracy: How India’s TKDL Protects Traditional Knowledge

India has a rich heritage of traditional knowledge (TK), especially in medicine and agriculture. However, these fields have long been at risk from biopiracy—where companies patent traditional knowledge without consent or compensation to the original custodians. To protect this heritage, India has established the Traditional Knowledge Digital Library (TKDL), a groundbreaking initiative which functions as a protective mechanism against biopiracy and promotes the recognition of India’s traditional knowledge on a global scale.

Established in 2001, the TKDL is a joint effort by the Council of Scientific and Industrial Research (CSIR) and the Ministry of AYUSH (Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa- Rigpa, and Homeopathy). This database documents India’s traditional medicinal knowledge, including practices from Ayurveda, Unani, Siddha, and Yoga. The library currently houses over 34 million pages of information on approximately 2.26 million medicinal formulations and serves as a valuable resource for patent examiners worldwide, helping prevent the misuse of India’s cultural heritage.

The TKDL operates primarily as a prior art database, which means it provides documented evidence of existing traditional knowledge that can be referenced during patent examinations. This is vital because it helps establish that certain traditional practices are not novel inventions and thus should not be patentable. By digitizing this knowledge into accessible formats and translating it into multiple languages—including English, French, German, Japanese, and Spanish—the TKDL bridges the linguistic gap between traditional knowledge and modern patent law. Patent offices around the world can access the TKDL database under non-disclosure agreements, allowing them to conduct prior art searches effectively. By categorizing traditional knowledge as prior art, it prevents third parties from claiming patents on such knowledge without proper acknowledgment or compensation.

The establishment of the TKDL had a significant impact on mitigating biopiracy. For instance, since its inception, India has successfully challenged numerous patent applications based on traditional knowledge. This proactive approach not only protects India’s intellectual heritage but also reinforces its position in global discussions on intellectual property rights. Here are some notable examples of biopiracy cases that were successfully addressed:

Turmeric Patent Case

One of the most prominent cases involved a patent granted by the United States Patent and Trademark Office (USPTO) for the wound healing properties of turmeric. Council for Scientific and Industrial Research (CSIR) challenged the patent on the basis that Ayurvedic professionals were already cognisant of the healing properties of turmeric for age, making the claimed invention neither novel nor inventive. CSIR supported its case with factual evidence proofs of traditional knowledge (TK), including references to ancient Sanskrit texts and a 1953 publication in the Journal of the Indian Medical Association.  As a result, the USPTO revoked the patent, stating that the claims made in the patent were obvious and anticipated, and agreeing that the use of turmeric was an old art of healing wounds. This case highlighted the importance of prior art documentation in protecting traditional knowledge from misappropriation.

The turmeric case was a catalyst for establishing the Traditional Knowledge Digital Library (TKDL), an initiative to systematically document and organize India’s traditional knowledge according to international patent classifications. Following this initiative, patents on other Indian medicinal plants, such as neem (Azadirachta indica), were also successfully revoked, further protecting India’s heritage from biopiracy.

The Indian Ginseng –Ashwagandha case

In May 2001, American and Japanese firms filed patent applications for formulations and extracts of Ashwagandha, commonly referred to as Indian Ginseng. Despite several patents being granted on Ashwagandha, India succeeded in revoking one of these patents. To challenge such attempts, Indian authorities submitted substantial evidence on July 6, 2009, through the Traditional Knowledge Digital Library (TKDL), along with historical documents dating back to the 12th century.

Ashwagandha has long been recognized in Ayurveda  for its therapeutic properties, including use as an aphrodisiac, diuretic, and memory enhancer. The TKDL provided irrefutable proof that this knowledge was part of India’s traditional practices, thereby nullifying claims of novelty. After rigorous efforts, the European Patent Office (EPO) dismissed the claims, effectively safeguarding the traditional knowledge surrounding this wonder plant.

Colgate-Palmolive’s Nutmeg Mouthwash case

The TKDL successfully opposed a patent application filed by Colgate-Palmolive in 2010 for a mouthwash containing a combination of herb extracts including an extract from Myristica fragrans (nutmeg) by citing ancient texts that show it included ingredients derived from traditional Indian medicine. The Traditional Knowledge Digital Library of Council of Scientific & Industrial Research (CSIR-TKDL) provided evidence that these ingredients had been used in Indian medicinal literature long before the patent application was made. As a result, this patent was withdrawn in the EPO, demonstrating TKDL’s continuous success in protecting traditional knowledge.

Monsanto’s Closterovirus Resistant Melon Plants

In another case, Monsanto sought a patent for Closterovirus resistant melon plants based on traits derived from Indian indigenous varieties. Although this situation was not directly addressed by TKDL, it exemplifies ongoing attempts to exploit traditional knowledge and also serves to alert  patent examiners about the significance of traditional knowledge in the context of patentability.

In addition to the TKDL, India has introduced several legislative measures to protect its traditional knowledge. The Biological Diversity Act (2002) focuses on ensuring fair and equitable sharing of benefits from genetic resources. The Forest Rights Act (2006) recognizes the rights of communities over forest resources, supporting the livelihoods of tribal communities and preserving their traditional knowledge.

The TKDL has garnered international acclaim as a model for protecting traditional knowledge globally. It has inspired similar initiatives in other countries and set benchmarks for how indigenous knowledge can be documented and defended against exploitation. Furthermore, ongoing collaborations with Patent Offices continue to enhance its effectiveness.

The Traditional Knowledge Digital Library (TKDL) has a significant impact on patent applications worldwide, and has lead to the withdrawal or rejection of over 300 patent applications that attempted to claim traditional Indian knowledge as novel. This includes cases from countries like Japan, Germany, and Australia, where TKDL provided crucial evidence to demonstrate that the claimed innovations were rooted in Indian traditional knowledge. Overall, the TKDL represents a major step in India’s efforts to protect its traditional knowledge from biopiracy, promoting global recognition and respect for indigenous practices. As global interest in traditional medicine continues to grow, the TKDL will remain an essential tool in safeguarding cultural heritage and ensuring fair recognition of traditional knowledge systems.

By Manju