Patents fail---only sui generis can provide sustainable development for TK (traditional knowledge)
Raj 24 [Praveen Raj is a scientist and technology transfer expert currently working as a Senior Principal Scientist in CSIR's National Institute for Interdisciplinary Science and Technology (NIIST) in Thiruvananthapuram. He also serves as honorary Professor (faculty of Engineering Sciences) in Academy of Scientific & Innovative Research (AcSIR). Mr. Raj played a key role in devising IPR Policy of Government of Kerala, which addresses the concerns on traditional knowledge protection, 5/26/24, “Looking Beyond the IP Framework to Protect TK: Implication of the New WIPO Genetic and TK Treaty on TK Databases, and the Need for a Sui Generis, Non-IP Model for Protecting TK”, accessed 7/2/24]staghi
Databases (Information system) such as TKDL serves as prior art and hence no patent could be granted on any traditional knowledge (TK) available in the database, according to the TKDL authorities. Agreements are signed with foreign Patent Offices before sharing the database, wherein the use of database is permitted for search and examination only. But it is certain that a Patent Office cannot keep the secrecy of the contents in TKDL. Because patent applications can be rejected only after disclosing the full script of the actual TK as citation to the claimant. Fraudsters may take it as an opportunity to file patent applications purely on conceptual grounds. They may claim that they had performed the invention, though they have not done anything. The ultimate aim of the fraudsters is to fetch authentic information available in the TKDL. TKDL is definitely the appropriate solution to stop the usurpation of TK, that is known to a large number of people in the country. However, it is found that the TKDL authorities attempt to codify community-owned TK also. Such TK is the livelihood of communities, and hence codifying them into TKDL and sharing with patent offices is a gross injustice to those communities. Therefore, it is proposed to create a Traditional Knowledge Docketing System (TKDS) in the case of community owned TK. TKDS shall comprise of the location where the TK is available, the community that holds the TK, the type and nature of TK and community protocol if any. Further, the communities should be educated to register societies or trusts for the protection of their TK. Government should also empower them to do further research on the TK in their custody and enable them to take patents on the inventions emanated from such research. Government should also handhold them in their endeavour to earn livelihoods from the TK and help them to negotiate with the potential customers. In order to facilitate all this, a sui generis legislation also is needed. The sui generis legislation shall provide for the local preservation and sustainable development of TK.
(TK – Traditional Knowledge)
(TKDL – Traditional Knowledge Docketing System)