REPORT

on

International Conference on Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for Protection of Traditional Knowledge

(22nd - 24th March 2011)

Organized by

The World Intellectual Property Organization (WIPO)

&

The Council of Scientific & Industrial Research (CSIR) Ministry of Science & Technology

Government of India

at

Hotel Taj Mansingh, New Delhi, India

CSIR COUNCIL OF SCIENTIFIC & INDUSTRIAL RESEARCH

GOVERNMENT OF INDIA

Table of Contents

Page No.

1. Overview of the Conference 1

2. Proceedings of the Conference 3

3. Summary and Conclusions 16

4. Annexes 18-112

Annex 1 (List of participants) 18

Annex 2 ( Press Releases issued by WIPO,

CSIR & related Documents)

27

Annex 3 (Address by Minister of S&T and ES) 39

Annex 4 (Address by DG, WIPO) 43

Annex 5 (Address by DG, CSIR) 48

Annex 6 (Vote of Thanks, Director TKDL) 51

Annex 7 (Programme Schedule) 53

Annex 8 (Photographs of Conference) 57

Annex 9 (Media Coverage) 64

Annex 9(I) (Views expressed by some countries

on internationalization of TKDL)

112

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1. Overview of the International Conference on Utilization of Traditional

Knowledge Digital Library (TKDL) as a Model for the Protection of Traditional

Knowledge

The decision to hold the International Conference on TKDL was taken in the meeting held in

October 2010 at New Delhi between Mr. Prithviraj Chavan, the then Minister of State (I/C) for

Science & Technology and Earth Sciences and Dr. Francis Gurry, Director-General, World

Intellectual Property Organization (WIPO).

The Conference was held at the instance of WIPO since it has expressed the desire to

internationalize India’s TKDL as a template for other countries wishing to protect their traditional

knowledge. The proposal of WIPO was considered as a concrete and potentially very beneficial

form of South-South Co-operation which would get recognized India’s pioneering role in the area of

protection of traditional knowledge.

The Conference was held during March 22-24, 2011 at Diwan-i-Am, Hotel Taj Mansingh, New

Delhi where delegates from thirty five countries participated. The objective of the conference was

to share experience and information on the role of TKDL in the documentation of traditional

knowledge, to identify the intellectual property issue and the technical implication of the

establishment of TKDL and to explore the role and functioning of the TKDL within the international

IP protection system so that countries rich in traditional knowledge and bio-diversity who are

desirous of replicating TKDL as a Model for Protection can take a considered view on the issue.

While inaugurating the conference, Mr. Pawan Kumar Bansal, Hon’ble Minister of Science &

Technology and Earth Sciences, Government of India, assured to extend all possible cooperation

to WIPO and to the countries rich in traditional knowledge and bio-diversity, desirous of adopting

TKDL as a Model for protection of traditional knowledge, to able to do so.

Mr. Johannes Christian Wichard, Deputy Director-General, WIPO while delivering the opening

address on behalf of Dr. Francis Gurry, DG, WIPO, recognized India’s leadership role on the

subject due to the fact that it has taken active steps domestically and internationally to protect its

traditional knowledge from misappropriation. He also announced that WIPO and the Government

of India are planning to partner in order to help make available the Indian Government’s TKDL

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experience and know-how to those other countries who decide to create their own TKDLs. Since,

there are number of countries which have already indicated their wish to benefit from this

arrangement, he did inform that the work on this front on establishing TKDL in other countries may

begin later this year.

Prof. Samir K. Brahmachari, Director General, Council of Scientific & Industrial Research while

delivering the Welcome Address assured WIPO and all the participating countries, the

wholehearted support of CSIR in case a decision is taken by any of the participating countries to

adopt TKDL as a Model for Protection of Traditional Knowledge in their respective countries.

Participants in general were appreciative of the role which TKDL can play in protection of their

country’s respective traditional knowledge. Ms. Helen Koki of Kenyan Copyright Board reiterated

that Kenya is very much interested to have similar system and would like to take the concepts of

TKDL forward. The participants from countries such as Jamaica, Philippines, Thailand, Malaysia,

etc. also demonstrated keen interest for establishing TKDL for their nation’s traditional knowledge.

Business Standard reported the feedback of several of the participating countries in a Press Report

entitled ’35 nations want to emulate India’s Digital Library model’.

Visit to TKDL facility at Ghaziabad was one of the distinct features of the conference which gave a

hands-on experience to the participating countries. ‘TKDL Showcase’ received enormous

appreciation of the participating countries and systems such as ‘Global Biopiracy Watch and

Mechanisms’ to file TKDL evidence at International Patent Offices were found to be fascinating and

practical by all the participating countries.

While concluding the conference, Mr. N.N. Prasad, Chief of Staff, WIPO described the entire

conference as a path breaking initiative which would have significant outcome in future.

National and international media including print and online gave extensive coverage to the

conference and considered it as a very positive event which would impact in a significant manner

the issue of protection of traditional knowledge in time to come.

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2. Proceedings of the Conference

A three-day International Conference on ‘Utilization of the Traditional Knowledge Digital

Library (TKDL) as a Model for the Protection of Traditional Knowledge’ was held on 22nd to

24th March, 2011 at Diwan-i-Am, Hotel Taj Mansingh, Mansingh Road, New Delhi. One hundred

and twenty two participants from over thirty five countries and patent offices that have TKDL

Access and Non-disclosure Agreements with CSIR attended the conference. The list of delegates

along with their affiliation and contact details are given at Annex. 1.

The conference was organized by Council of Scientific and Industrial Research (CSIR), India, in

collaboration with World Intellectual Property Organization (WIPO), Geneva. The objectives of the

conference were:

• to share experiences and information on the role of a TKDL in the documentation of

traditional knowledge (TK)

• to identify the intellectual property (IP) issues in and technical implications of the

establishment of a TKDL; and

• to explore the role and functioning of the TKDL within the international IP protection system

The conference was attended by seven officials from the World Intellectual Property Organization

(WIPO) - Mr. Johannes Christian Wichard, Deputy Director General, Global Issues Sector, Mr.

Wend Wendland, Director, Traditional Knowledge Division and Ms. Begoña Venero Aguirre, Head,

Genetic Resources and Traditional Knowledge Section, WIPO, Geneva along with four other

delegates, Mr. Naresh Prasad, Executive Director and Chief of Staff, Ms. Samar Shamoon, Head,

Media Relations Section, Communications Division, Global Issues Sector, Mr. Someshwar Singh,

Consultant, Regional Bureau for Asia and the Pacific, Development Sector, and Ms. Armelle Le

Theix, Assistant Administrative Officer, Regional Bureau for Asia and the Pacific Development

Sector, WIPO. International resource persons included Mr. Paul Schwander, Director, European

Patent Office (EPO), Mr. Wend Wendland, Director, Traditional Knowledge Division, WIPO, Ms.

Begoña Venero Aguirre, Head, Genetic Resources and Traditional Knowledge Section, WIPO, Mr.

Dominic Keating, Patent Attorney, United States Patent and Trademark Office (USPTO), Mr.

Jeongyoon Choi, Senior Deputy Director, Patent Examination Support Division, Korean Intellectual

Property Office (KIPO), Republic of Korea, Mr. Manuel Ruiz, Director, Peruvian Society for

Environmental Law (SPDA), Lima, Mr. Preston Hardison, Tulalip Tribes, Seattle, USA, Mr. Juara

Pahala Marbun, Chief of Section on Information Technology Development, Directorate of

4

Information Technology, Ministry of Law and Human Rights, Indonesia, Mrs. Helen Koki, Deputy

Chief Legal Counsel, Kenya Copyright Board, Nairobi, Kenya, Mrs. Kunchana Deewised, Director

of the Bureau of Protection of Thai Traditional Medicinal Knowledge, Department for Development

of Thai Traditional and Alternative Medicine, Ministry of Public Health, Bangkok, Thailand and Ms.

Ruth Deyanira Camacho Toral, Director Ecuadorian Institute of Intellectual Property, Quito,

Ecuador,

The key issue that was discussed in the conference was internationalizing India's pioneering

Traditional Knowledge Digital Library (TKDL) as a template for the benefit of developing countries

seeking to protect their traditional knowledge. WIPO defined its role as “seeking to collaborate with

the Government of India to make available the Government’s experience, expertise and know-how

to other countries that wish, of their own accord, to create their own TKDLs and would assist

beneficiary countries, should they so wish, to conclude access and Non-disclosure Agreements

with International Patent Offices” whereas CSIR’s role was to make the participants aware about

the TKDL technology and convey India’s willingness to work with countries interested in similar

models to protect their TK. The press releases issued by WIPO and CSIR along with other related

documents are attached as Annex 2.

The International Conference was inaugurated by Mr. Pawan Kumar Bansal, Hon’ble Minister of

Science & Technology and Earth Sciences, and Vice-President, CSIR. Mr. Bansal began his

address by expressing solidarity with people of Japan in their moment of crisis due to earthquake.

He welcomed the participants of the conference and mentioned about the importance of the

protection of Traditional knowledge which being the basis of the livelihood of a very large

population of the world, the issues related to its protection and the efforts being made at various

international for a like Intergovernmental Committee (IGC), World Trade Organization (WTO) and

Convention for Biological Diversity (CBD) for the last several years. Further, he briefed the

participants about India’s Traditional Knowledge Digital Library, a much needed successful tool for

the protection of India’s Traditional Knowledge because of which India today is equipped to protect

0.226 million traditional medicines. Finally, he affirmed to extent all cooperation to participating

countries that are desirous of adopting TKDL as a model of TK protection and especially to WIPO

in this regard. Address of Hon’ble Minister of S&T and Earth Sciences is at Annex 3.

In a statement to the conference Mr. Johannes Christian Wichard, Deputy Director General, Global

Issues Sector, on behalf of Mr. Francis Gurry, Director General, WIPO, said that TKDL is an

excellent example of a technical platform which can work alongside legislative frameworks for

5

protection of Trdaitional Knowledge. He described the TKDL approach as complimentary to the

work currently underway in WIPO’s Intergovernmental Committee (IGC) on intellectual Property

and Genetic Resources, Traditional Knowledge and Folklore and said that India’s TKDL could be a

good model for others and that WIPO was ready to facilitate international collaboration for

countries which, inspired by the Indian example, were interested in establishing their own TKDLs.

He praised India’s leadership in taking domestic and international action to combat

misappropriation of the wealth of knowledge contained in its traditional medicinal systems. The

Deputy Director General conveyed that WIPO is in consultations with the Government to

internationalize the TKDL- to help make available the Indian Government’s TKDL experience and

know-how to other countries which plan to create their own TKDLs. He said that WIPO is prepared

to assist beneficiary countries, should they so wish, to conclude access and non-disclosure

agreements with international patent offices. Beneficiary countries would own and control access

to their own TKDLs. Views of DG, WIPO are annexed as Annex 4.

Prof. Samir K. Brahmachari, Director General, CSIR welcomed the delegates and expressed hope

that they would gain knowledge and understand about the TKDL-a creation of documented

information which has been accumulated over the centuries by thousands and thousands of people

…mostly un-named and unknown. Their work has been documented in modern electronic format in

a way that enables ‘search’ at Intellectual property offices to figure out non-obviousness in the

patent applications.

He said that it filled him with great pride to see so many delegates assembled under the auspices

of WIPO. He said that India has had a long history of innovation in different fields, whether it is in

architecture as exemplified by the Taj Mahal or in metallurgy to which the rust-proof pillar bears

witness. He mentioned Ayurveda calling it personalized medicine and gave the example of the first

known examples of nasal plastic surgery…both Indian innovations He said that the Indian

philosophy has, traditionally at least, not depended on the system of patents. Rather, the ancient

Indian philosophy is best explained in Rabindranath Tagore’s words, “…where knowledge is

free…”

It is this ethos and philosophy that has guided India down the ages: but the world changes and

new ecosystems emerge. Today the need is for innovation for inclusive sustainable growth and the

challenge is to include the excluded; to generate wealth for the bottom of the pyramid. This is true

for the entire world. Prof. Brahmachari traced the development of the Patent Act 1970 in India and

linked decisive steps taken at that time to the leadership position in generic drugs that India enjoys.

6

He elaborated on how lead obtained from Trikatu (containing Piperine) in Ayurveda was taken to

develop the anti-tubercular (TB). Risorine is an anti-TB medicine that uses piperine as

bioenhancer. Risorine was developed in private- public partnership between Cadila

Pharmaceuticals and CSIR. It is an example of how Ayurveda inputs or traditional knowledge has

been used to create molecules for combination therapy for TB. Prostalyn: CSIR’s herbal drug for

treating prostrate cancer is another example.

Prof. Brahmachari said that TKDL’s impact has been obvious in the fewer patents needing to be

contested/ revoked. However, its future use could be in open innovation, particularly in the field of

medicines for diseases of the poor, for example, TB, malaria, filaria etc. He asserted that access to

affordable healthcare is the right for all. He said that open source practices enhance speed of drug

development and are not in conflict with IP values. Address of DG, CSIR is annexed as Annex 5.

Mr. V.K. Gupta, Senior advisor and Director, TKDL while proposing the vote of thanks on behalf of

Council of Scientific and Industrial research, Department of AYUSH and TKDL team, besides

conveying gratefulness to the distinguished delegates, Media persons, Rapporteurs and all

participants, especially acknowledged Hon’ble Minister of Science & Technology and Earth

Sciences for his kind presence and faith reposed in the CSIR and TKDL team and to the Director

General and Deputy Director General, World Intellectual Property Organization for WIPO’s

commitment to enhance mutual cooperation by internationalization of TKDL. Vote of Thanks by

Director, TKDL is annexed as Annex 6.

Session Report

The conference was divided into four sessions spread over three days which explored the Origins,

Establishment and Functioning of the Traditional Knowledge Digital Library (TKDL); the

International Patent System and the TKDL; intellectual Property and the TKDL as a Model for

Protection and Policy and Practical Considerations for the Internationalization of the TKDL,

respectively. The programme schedule of the conference is attached as Annex 7.

The first session of the conference was on the Origins, Establishment and Functioning of the

Traditional Knowledge Digital Library (TKDL) and was chaired by Mr. Paul Schwander, Director,

European Patent Office.

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Prof. Samir. K. Brahmachari, Director General, Council of Scientific and Industrial Research, India

elaborated that the objective behind the establishment of the TKDL was to prevent

misappropriation of India’s Traditional Knowledge at International Patent Offices for which a task

force was set up to carry out a comprehensive study on bio-piracy of India’s Traditional Knowledge

and to create sustainable mechanism against bio-piracy which lead to the creation of TKDL. TKDL

converts the codified texts on Ayurveda, Unani, Siddha & Yoga available in languages such as

Hindi, Sanskrit, Arabic, Persian, Urdu & Tamil into International languages such as English,

German, French, Spanish & Japanese in to patent application format, which can be retrieved

through International Patent Classification, Key words etc. TKDL thus protects 0.226 million

traditional medicinal formulations.

Mr. V.K. Gupta, Director TKDL & Sr. Advisor, CSIR, India, who is the architect and author of TKDL,

spoke at length on: The Design of the TKDL: Mapping out the Technical and Legal

Specificities in which he outlined a comparison between traditional and modern knowledge over

different aspects. He revisited India’s fight for the revocation of turmeric and basmati patents

granted by United States patent & Trademark Office (USPTO) and the neem patent granted by the

EPO. He said that TKDL was conceived as an instrument to prevent misappropriation of TK as a

sequel to these events. The TKDL now contains 34 million pages in five international languages

(English, French, German, Japanese and Spanish). By making this information available via TKDL

access and non-disclosure agreements to major international patent offices, the TKDL has brought

down the number of grant of erroneous patents at International Patent Offices at minimal direct

cost and in a matter of a few weeks. He further explained that the complexities of TK/ Biodiversity

Documentation Projects involved 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 versus

encouragement of misappropriation , Disclosed versus undisclosed TK and Standard & Format.

Databases for public or private use on TK do not have any legal rights on TK and are only a form

of defensive option. The manner of its collection should be protected under copyrights. The access

and control to database would need to be with TK holders so that rights of communities are

protected. He also emphasized the need of maintaining a balance while making these open to

public/ private use.

Dr. Archana Sharma (Co-ordinator TKDL, CSIR) and Dr. Bala Subramaniam (Co-ordinator TKDL,

CSIR) focused on The Traditional Knowledge Resource Classification (TKRC): Classification

Methodologies of Traditional Knowledge.

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Dr. Archana Sharma (Coordinator TKDL, CSIR) explained the aims and objectives of TKDL, need

of Traditional Knowledge Classifications (TKRC), structure of TKRC, objectives of TKRC and

TKRC as the facilitating tool for IPO’s. She explained that codified or oral TK is unstructured as per

modern terminology which rendered it non – accessible and non retrievable by search engines and

thus, non available to Patent examiners despite being in public domain and prone to

misappropriation. Since it lacked defensive as well as positive rights, a need was felt for the

development of language independent classification tool for TK which would serve the dual

purpose of classification and abstraction, and make TK from locally to globally understood. The

classification system had to be internationally acceptable and agreed standards such as IPC, ITC,

and NIC etc. needed to be followed. She further elaborated the hierarchical structure of TKRC for

Ayurveda, Unani, Siddha and Yoga as based on IPC and its subject areas.

Dr. Bala Subramaniam (Coordinator TKDL, CSIR) explained the Classification Methodologies of

medicinal plants and highlighted the stages of formal acceptance of Traditional Knowledge

Resource Classifications (TKRC). He further explained many salient features of IPC and

alphabetical arrangement of families within each kingdom for convenience of user. He further

informed that TKRC has 30,000 subgroups whereas IPC has only 207 subgroups for medicinal

plants and a concordance between these permits classification of the entire TM plants under 207

subgroups of IPC enabling an efficient search by patent examiners.

The second session of the Conference was on The International Patent System and the TKDL

and was chaired by Mr. V.K. Gupta, Director TKDL & Sr. Advisor; CSIR.

Ms. Begona Venero, Head, Genetic Resources and Traditional Knowledge Section, Traditional

Knowledge Division, WIPO was the first speaker of the session and she discussed all aspects of

Utilization of Prior Art Evidence on TK: Opportunities and Possibilities in the International

Patent System. Ms. Venero explained the various definitions of “Prior Art” in general as mentioned

in USA, Japan, Europe and the PCT and gave a comprehensive account about what constitutes

prior art, discussing the role of secret, oral, disclosed, publicly available and Traditional Knowledge

held within indigenous and local communities, which is disclosed and known within such

communities as prior art in ascertaining novelty and inventive step. She said that the most efficient

way of developing classification tools for traditional knowledge would be their integration into the

IPC which could be used for classifying non-patent, traditional knowledge information,. She said

that there was a common understanding that publicly available prior art is available for free which

had lead to its misappropriation. This should be modified that public availability could mean that

9

there is a condition to impose mutually agreed terms such as paying for access. She further

stressed that it cannot be assumed that TK associated with genetic resources that is made publicly

available does not belong to anyone.

Mr. Paul Schwander, Director, European Patent Office (EPO), Rijswijk Netherlands and Mr.

Dominic Keating, Patent Attorney, United States Patent and Trademark Office (USPTO),

Alexandria, United States of America (USA) spoke about their experiences on Defensive

Protection and International Patent Offices: The Experiences of the European Patent Office

and the United States Patent Office.

Mr. Paul Schwander explained on the specifics of TK for a Patent Office, Traditional Knowledge

databases at the EPO, Regional TK initiatives, the specifics of TKDL and Future developments. He

said that TK data acquisition is a challenge due to its geographical diversity and it being old and

often undocumented data. He told that TK resources in the EPO search system are (a) Internal

databases under EPOQUE such as Medline, Biosis & Embase (b) External databases such as

CA/CAPLUS (Chemical Abstracts), REGISTRY (CAS registry file of substances), CAB abstracts,

AGRIS (international information system for the agricultural sciences and technology) and

NAPRALERT (c) EVL (EPO Virtual Library) which is a catalogue of journals, books, dictionaries,

etc (d) Traditional Knowledge Portal (http://epoxy.epo.org/) which includes journals such as Indian

Journal of Traditional knowledge and Medicinal & Aromatic Plant Abstracts with 27,129 documents

and essentially the TKDL (Traditional Knowledge Digital Library) access to which was granted by

India to EPO in Feb. 2009, containing data from authoritative textbooks on Ayurveda, Unani and

Siddha medicines; and (e) the Internet resources. He further said that there were 13 applications

at EPO where a TKDL document has been cited by the examiner.

Mr. Dominic Keating, Patent Attorney, United States Patent and Trademark Office (USPTO)

explained on the evolution of America’s native TK, Searching for Prior Art, Legal Standards and

Common Rejections and Examples of Common Art Situations. He stated that accessibility and

foreign language are the main challenges in examination of prior art. He further stated that

Products of Nature are not Patentable under 35 U.S.C. § 101. He also cited some examples on

various types of patent applications based on medicinal plants or their derivatives filed at the

USPTO.

10

The Third session of the Conference was on the Intellectual Property and the TKDL as a Model

for Protection and was chaired by Dr. R.A. Mashelkar, FRS, Former Director General, CSIR.

Mr. Wend Wendland, Director, Traditional Knowledge Division, WIPO, enlightened on recent

developments on Overview of Policy, Legal and Practical Options for the Protection of TK

and Negotiations at the WIPO Intergovernmental Committee (IGC). He explained the value and

importance of TK systems and expressions of Traditional Cultures Expressions (TCEs) and that

the erosion of local knowledge systems is a threat to their viability and maintenance. He discussed

about the meaning of IP protection, conventional IP systems about TK, options for improving the

protection of TK as IP with particular reference to the WIPO IGC (normative) and the TKDL

(practical). He further explained that “Intellectual property” is the creation and innovation of the

human mind and that Intellectual property “protection” provides creators and innovators with a

possibility to regulate access to and use of their works. He mentioned that IP rights can be

proprietary and non-proprietary and that these do not provide a perfect control along with the fact

that IP “protection” is not equivalent to “preservation/ safeguarding”. While explaining the IP law

about TK, he said that TK is regarded as “public domain” from perspective of IP system and that

“TK-based innovations” may be protected as inventions. He listed the range of options for

protection of traditional knowledge into legislative/ normative i.e. practical/infrastructure (e.g. WIPO

IGC: TKDL), Public law: private law (e.g. legislation: contract), International: regional: national:

local and Conventional IP systems i.e. sui generis systems including customary law. While

explaining the recent developments over negotiations at the WIPO IGCs, he reviewed the new IGC

mandate 2010-2011 and said that it is a clearly defined work programme which is build on the

existing work of the IGC comprising text based negotiations with the objective of reaching

agreement on a text of an international legal instrument (or instruments) which will ensure the

effective protection of Genetic Resources (GRs), TK and TCE. He further explained the objectives,

general guiding principles and substantive articles for the protection of TK under

WIPO/GRTKF/IC/18/5. Further, he spoke about the beneficiaries and rights holders of the TK and

also the administration of rights and formalities for protection of IP. He concluded by saying that

TKDL is a practical complement to normative work of the IGC and has added new references to

databases in IGC texts.

Mr. V.K. Gupta, Director TKDL & Sr. Advisor, CSIR, India discussed on the topic Indian TKDL as a

Model to Prevent Misappropriation. He initiated with explanations of Prior art and said that the

Global Bio-piracy Watch System is able to identify attempts on misappropriation. He further

explained that TKDL or a similar Digital Database is a pre-requisite to identify evidence of prior art

11

and that Third Party submissions against the patents applications should not be dependent on

Access Agreements. He elaborated on IPC symbols of relevance to Traditional Knowledge and

further explained that facilitating search and retrieval of India’s prior art for Patent Examiners at

International Patent Offices comprises access to TKDL through Non-disclosure Agreements and

filling of TPOs. Further, he explained the format for filing of a TPO at EPO followed by the tangible

results of TKDL Access Agreement with EPO. He also spoke about some pipeline cases where

examiners at EPO have highly appreciated TKDL evidences in their search reports. He also

discussed about the impact of TKDL on misappropriation and the actions taken by various patent

offices and compared TPO/pre grant opposition versus post grant opposition and emphasized on

time and cost effectiveness of a TPO/pre grant opposition in comparison to post grant opposition.

In the later part of the session, Mr. Jeongyoon Choi, Senior Deputy Director, Patent Examination

Support Division, Korean Intellectual Property Office (KIPO) and Mr. Manuel Ruiz, Director,

Peruvian Society for Environmental Law (SPDA) presented panel discussions on their

Experiences with the Prevention of Misappropriation.

Mr. Jeongyoon Choi provided an excellent Introduction of Korean Traditional Knowledge Portal

(KTKP) saying that Korean TK history is about 5,000 years long and the indigenous medical

traditions in the area have made extensive use of about 5,100 plants in history which has provided

the base for many therapeutic and cosmetic preparations. He also described about ancient Korean

techniques such as Application of Traditional preservation method of Kimchi in winter. He provided

details about The Korean Traditional Knowledge Portal which provides free internet search service

and the Korean journal of Traditional Knowledge which is fully digitized and therefore, can be

easily provided to the International Authorities. He informed that he Articles related to TK in the

journal are selected from 47 kinds of main Journals and are provided under the agreement on the

right of on-line transfer. The contents of articles in database include Bibliographic data, English

abstract & summary, Full-text article and patent analysis information in form of IPC (International

Patent Classification) & Keywords. Further, all bibliographic information, title, abstract are provided

in Korean and English languages in a searchable format. The contents of Traditional Life

database include (i) Agriculture (Agricultural technique used in traditional society, Description for

traditional cultivating method and evaluation notes for the expected value, To link scholarly

articles, patents related to agriculture ); (ii) Art of Living (Traditional art of living related to food,

clothing and shelter, Explanations, methods and notes regarding natural dyeing and traditional life

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and culture ); (iii) Food (Korean traditional food verified by ancient literature, Classification,

ingredients, recipes of traditional food and ancient literature as a reference).

Mr. Manuel Ruiz discussed on Preventing Misappropriation: the Case of Peru. He informed

that debates on misappropriation (biopiracy) initiated in 1990 in Peru with the implementation of the

Convention on Biological Diversity (CBD) –a multidisciplinary and inter-sectoral interaction among

stakeholders. This in turn lead to widespread discussions regarding connections between

intellectual property, TK, genetic resources and their access and benefit sharing (biopiracy in

general). The outcome of this was (i) Creation of the National Biodiversity Commission (1993), (ii)

Decision 391 of the Andean Community on Access to Genetic Resources (1996), (iii) National

Biodiversity Law (1997), (iv) Law 27811 for the Protection of Collective Knowledge of Indigenous

Peoples (2001) and (v) Law 28216 which creates the National Commission for the Prevention of

Biopiracy (2004) in Peru. He also cited a case where 2000 US Pure World Botanicals (later bought

by NATUREX from France) applied for an international patent (EP 1180006) on an alcoholic

extract of maca to treat sexual dysfunction and assist in fertility in humans. The National IP office in

Peru (INDECOPI) convened a group of experts to analyze this patent and concluded that patent

was not novel nor inventive (traditional uses by Andean indigenous peoples) and on the basis of

these laws, European Patent Office rejected the application in 2010.

The Fourth session of the Conference focused on Policy and Practical Considerations for the

Internationalization of the TKDL and was chaired by Mr. Wend Wendland, Director, Traditional

Knowledge Division, and WIPO.

The speakers of the session, Mr. Juara Pahala Marbun, Chief of Section on Information

Technology Development, Directorate of Information Technology, Ministry of Law and Human

Rights, Indonesia, Mrs. Helen Koki Deputy Chief Legal Counsel Kenya Copyright Board, Nairobi,

Kenya, Mrs. Kunchana Deewised, Director of the Bureau of Protection of Thai Traditional Medicinal

Knowledge, Department for Development of Thai Traditional and Alternative Medicine, Ministry of

Public Health, Bangkok, Thailand and Ms. Ruth Deyanira Camacho Toral, Ecuador Director

Ecuadorian Institute of Intellectual Property, Quito, Ecuador, presented succinct accounts of the

state of TK and/ or TK documentation in their countries under A Comparative Overview of the

Nature and Forms of TK.

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Mr. Juara Pahala Marbun presented An Overview of the Nature and Forms of Traditional

Knowledge in Indonesia. He said that the Intellectual Property in Indonesia was categorized as

communal (local wisdom) or Individual and classified traditional cultural expressions/ Folklore TK,

Indicatiors of origin/geographical Indications and Biodiversity under the former and copyright and

industrial property under the latter type. Since there was an abundance of genetic resources, TK

and folklore, the risk of misappropriation could not be denied and as such, the communal

intellectual property needs preservation and protection by law and an increase of public awareness

on the necessity of a sufficient protection system (including which is related to IPR) in the field of

genetic resources, TK and expression of folklore is the need of time. He defined that Protection of

expression of Folklore has been listed in the Indonesia Copyright Law (Article 10. [1] and [2]) which

upholds that (i) The State shall hold the Copyright for works from prehistoric remains, historical and

other national cultural objects; and (ii) The State shall hold the copyright for folklores and works of

popular culture that are commonly owned, such as stories, legends, folk tales, epics, songs,

handicrafts, choreography, dances, calligraphies and other artistic works. Public Entities, Ministry /

Government Office / Province Office associated with art and culture agencies, Ministry of Culture

and Tourism and The world body related to cultural heritage/heritage such as UNESCO should be

the Parties Involved in the empowerment of preservation Communal Intellectual Property. He

acknowledged that there was much to be learnt from India, in the field.

Mrs. Helen Koki spoke about Kenya’s rich cultural heritage and diverse biological resources and

presented a comparative overview of the nature & forms of TK in Kenya. She said that Kenya

Vision 2030 detailed the country’s dream about how adoption of TK would allow fair share to all

and help boost Kenya’s economy. She informed that the Kenyan government has developed a

National Policy on protection of TK, GR and Folklore which proposes that any person interested in

gaining access to a community’s biological resources or knowledge for scientific, commercial or

industrial purposes would need to obtain the prior informed consent (PIC) of the indigenous

peoples who possess the knowledge in question. A Traditional Knowledge unit has been formed in

Kenya Industrial Property Institute (KIPI) which was mandated to establish a database on TK vide

Article 27(3) (b) of TRIPS. The Unit currently consists of 3 officers who are natural scientists. She

emphasized the need for establishment of TK and TCEs database which could be useful in prior

art search, providing information on existing knowledge etc. and that there are some community-

based organizations working on the protection of Traditional Knowledge in Kenya and that a TKDL-

like system will be developed.

14

Mrs. Kunchana Deewised discussed the TK of Thailand in detail. She said that the traditional

knowledge that existing in Thailand can be separated into 2 categories viz.; traditional knowledge

of local wisdom, and cultural heritage, which has been recorded in form of the recipe of Thai

Traditional Medicine (TTM) and the treatise on Thai traditional medicine. She said that the

database on management of TTM Knowledge and Medicinal Plants is protected under the

Protection and Promotion of Thai Traditional Medical Knowledge Act, which protects 83,371

recipes and 5,754 Treatises, She further stated that under Section 13 of the Act, The Department

for Development of Thai Traditional Medicine (DTAM) shall be the central registrar and the

Provincial Health Office (PHO) shall be the Provincial registrars. She said that in the future, these

databases will be made available in public domain, both in Thai and foreign languages. She

emphasized that Thailand has a sui generic system since 1999.

Ms. Ruth Deyanira Camacho Toral said that Ecuador had diverse TK medical practices, mostly

passed orally from generation to generation with shamans holding a lot of information. Thus the TK

was of collective nature and the property of communities. However, some work has already been

started. She revealed the details of the Project AMUPAKIN which was started in 1999 in

collaboration the Red Cross involving indigenous young women regarding their experience and

ancestral practices in pregnancies and included some of their techniques so that they learn and

preserve their own culture. She pointed out that there are many dis-similarities between the way

Traditional Knowledge is available in India and the way in which it is available in Ecuador (written

versus oral) and was of the opinion that though TKDL may not be applicable directly to the

Ecuador-scenario, but it was emphatic that India could be a great partner, particularly in security,

and that TKDL could provide support on technological security.

Mr. Preston Hardison of the Tulalip Tribes, Seattle, USA provided An Indigenous View of TK

Databases and said that indigenous participation in the IP system must be equitable to indigenous

people and local communities (IPCLs).He said that WIPO IGC over the last ten years has generally

concluded that existing IP system inadequately protects TK and there is a lack of recognition and

respect for IPCL governance and cultural values. He pointed out that there are different degrees of

TK that encompass confidentiality, cultural restriction and secret ness and that just revoking

patents can not be enough as there was no benefit to local communities. He emphasized that

goals of databases on TK of communities should be (i) Defeating bad patents (ii) Stopping

inappropriate research from starting (iii) Benefit sharing amongst communities (iv) Protecting TK by

the patent system (v) Protecting TK from the patent system (vi) IPLCs from unintended policy

consequences on TK. He said that TKDL is an impressive system, deserving notice and praise and

15

seems designed as defensive protection for one aspect of the IP-cultural nexus – to prevent or

defeat the granting of bad patents – which was doing very well. He said that alternative models

exist, also worthy of such support e.g. IPLC databases, distributed database models such as those

proposed by Tulalip tribes and being developed by South Africa. He was of the opinion that Involve

IPLCs at all steps of evaluating the use of TK databases and their concerns should be respected

and incorporated.

Mr. V.K. Gupta, Director TKDL & Sr. Advisor, CSIR, delivered on - Developing a Plan of Action and

Resourcing Strategy. Mr. Gupta highlighted on major milestones of TKDL Project and the activities,

resources & out comes of the project since its inception in the year 2001, he also elaborated on the

TKDL Task Force Composition and the structure of a typical TKDL Team. He outlined a Plan of

Action for setting – up of National TKDLs for the participating countries desirous of replicating

India’s TKDL and also discussed the Activity list required for the same. He stated that political will

and commitment to set up National TKDL are the pre-requisites for it along with the issues of

technical competency, and cost of setting up National TKDL. He mentioned that the basic Plan of

Action comprising of setting up an Inter-disciplinary National Task Force on TKDL is essential and

other related parameters were also addressed by him.

16

3. Summary and Conclusions

Representatives from more than thirty five countries discussed the potential of India’s Traditional

Knowledge Digital Library (TKDL) – a database documenting centuries-old traditional medicinal

treatments – to be emulated in their countries and concluded that such a mechanism can fuel

future innovation and benefit-sharing. There was widespread agreement about the value of TKDLs

to protect against misappropriation of Traditional Knowledge as well as their potential in enabling

further innovation, such as in the area of public health.

The general issues raised by the participants included:

• Indian TKDL relied on already documented knowledge. What would be the case with orally

transmitted traditional knowledge?

• Indian documents used for TKDL are considered to belong to all citizens of the nations.

What could be the case for traditional knowledge held by different communities, even cross

border communities?

• How could secret traditional knowledge be documented

• How could the covenant that travels with the use of traditional knowledge be preserved?

Closing the conference on behalf of the Director General of WIPO, Executive Director and Chief of

Staff Naresh Prasad said the conference “was extremely successful, fulfilling its objective to

disseminate information about the TKDL as a model for the protection of TK.” Summarizing the

spirit of discussions, he added that TK should also be shared and communities should participate

and benefit – TK is a source of innovation and could inspire life-saving medicines. Mr. Prasad said

it was now up to WIPO member states to provide feedback to the WIPO secretariat on which

direction to take and whether they wish the Secretariat to enter into an institutional arrangement

with the CSIR to facilitate the sharing of the TKDL model with other countries.

Wrapping up the session, Mr. V.K. Gupta, Director TKDL said that “We are happy that TKDL has

been able to assert India’s right against misappropriation” but there can not be ‘a one size fits all’

situation as far as TKDL was concerned. He affirmed that there are solutions beyond TKDL for TK

and that every country would have to explore the solutions that suit it best. He re-iterated that the

Indian initiative was aimed to stop biopiracy and that implementing TKDL has worked for India and

added that India is willing to share its experience with other countries, noting “we do realize the

value of TKDL knowledge lies in its utilization for creating new medicines which can make health

17

care affordable. TKDL has proved to be a successful initiative, at the same time it is possible in the

future that we may be able to create solutions which go beyond TKDL. He also pointed out that

“TKDL is not the only solution against the misappropriation of TK and there may be solutions

beyond TKDL. TKDL was initiated to assert certain rights against biopiracy but this was not the

only objective… now we want to use the TKDL to create new IP, within the existing IP system, for

example in open innovation models.” Mr. Gupta added that acquiring prior informed consent was a

non-negotiable and mandatory requirement. The ownership lies with TK- holder. This is an ethical

issue that is beyond question.

The participants of the conference also visited the TKDL facility at Ghaziabad. The picturesque

glimpses of the conference are annexed as annex 8. The International and national media

coverage following the conference is annexed as annex 9.

Annex 9 (I) reflects the views of some of the countries on internationalization of India’s TKDL in

reference to creation of TKDL for their own country for protecting their Traditional Knowledge, like-

• Kenya Copyright Board’s Helen Koki, who took part in the conference, said TKDL is a very

useful system and that they are interested to have similar system in Kenya.

• A participant representing Jamaica, Bernard Jankee said the concept of TKDL is really

good and that they are eager to have such kind of model to protect Traditional Knowledge

in their country.

18

INTERNATIONAL CONFERENCE

Utilization of the Traditional Knowledge Digital Library

(TKDL) as a Model for Protection of Traditional Knowledge

Organized by

The World Intellectual Property Organization (WIPO)

and

The Council of Scientific and Industrial Research (CSIR)

Ministry of Science and Technology, Government of India

New Delhi, India, March 22 to 24, 2011

ANNEX 1

CSIR COUNCIL OF

SCIENTIFIC &

INDUSTRIAL

GOVERNMENT OF INDIA

19

LIST OF PARTICIPANTS

I. PARTICIPANTS

BANGLADESH

Rowsan Ara Begum (Mrs.), Deputy Secretary, Ministry of Cultural Affairs, Dhaka

BOTSWANA

Ikanyeng Lord Ronald MoshabI, Commercial Officer, Registrar of Companies and Intellectual Property, Industrial Property Division, Gabarone

BRAZIL

Maria Cecilia Vieira (Ms.), Second Secretary, Environment Division, Ministry of External Relations, Brasilia

BHUTAN

Dorji P, Senior Copyright Officer, Intellectual Property Division, Ministry of Economic Affairs, Thimphu

BULGARIA

Boryana Argirova (Mrs.), Adviser on Intellectual Property and Traditional Knowledge, to Director General on Global Issues, Ministry of Foreign Affairs, Sofia

CAMBODIA

Rady OP, Deputy Director, Department of Intellectual Property Rights, Ministry of Commerce, Phnom Penh

CHILE

Mr. Ximeng Alcayaga, Third Secretary, Embassy of Chile, New Delhi

Mr. Rodrigo Gallardo, Attaché (Agriculture), Embassy of Chile, New Delhi

ECUADOR

Ruth Deyanira Camacho Toral (Ms.), Director, Ecuadorian Institute of Intellectual Property, Quito

FIJI

Christopher Pryde Solicitor-General and Permanent Secretary for Justice and Anti-Corruption, Office of the Attorney General, Suva

INDIA

20

V.K. Gupta, Senior Advisor & Director, TKDL Unit, CSIR, New Delhi

Bala Subramaniam, Coordinator TKDL, TKDL Unit, CSIR, Ghaziabad

Archana Sharma (Ms.), Scientist Coordinator TKDL (Yoga), TKDL Unit, CSIR, New Delhi

Sukanya Datta (Ms.), Scientist CSIR Hqrs., New Delhi

Alpana Jain (Ms.), Senior Technical Officer, TKDL Unit, CSIR, Ghaziabad

Ruchi Srivastava (Ms.), Ayurveda, Expert (A&M), TKDL Unit, CSIR, New Delhi

Sushma Sansam (Ms.), Ayurveda Expert, TKDL Unit, CSIR, New Delhi

Manish Mishra, IT Expert (A&M), TKDL Unit, CSIR, Ghaziabad

Vinay Kumar, IT Expert, TKDL Unit, CSIR, New Delhi

Nitesh Kumar, IT Expert, TKDL Unit, CSIR, Ghaziabad

Mahmood Ahmad, Unani Expert, TKDL Unit, CSIR, New Delhi

Bhawana Gupta (Ms.), Ayurveda Expert, TKDL Unit, CSIR, New Delhi

Poonam Dang (Ms.), Ayurveda Expert, TKDL Unit, CSIR, Ghaziabad

Suganthi (Ms.), Siddha Expert, TKDL Unit, CSIR, Ghaziabad

Chaman Prabha (Ms.), TKDL Project Staff, TKDL Unit, CSIR, New Delhi

Ashish BhardwaJ, TKDL Project Staff, TKDL Unit, CSIR, New Delhi

R.K. Gupta, Head, Intellectual Property Management Division, Satsang Vihar, New Delhi.

Vijay Parmar, Professor, Indian Institute of Mass Communication (IIMC), JNU New Campus, Aruna Asif Ali Marg, New Delhi

Rajesh Dixit, Asst. Controller of Patents & Designs, Controller General of Patents Designs & Trade Marks (CGPDTM) New Delhi

S.S. Singh, Asst. Controller of Patents & Designs, Controller General of Patents Designs & Trade Marks (CGPDTM)

Arvind Duggal, Advisor, Department of Biotechnology (DBT), New Delhi

S. Siva Prasad, ALIO, Department of Biotechnology (DBT), New Delhi

Sanjay Kumal Lal, Under Secretary, Department of IPP, Ghaziabad

P. C. Maithani, Director CGO complex, Lodhi Road, New Delhi.

R. K. Trivedi, Asst. Commissioner, Ministry of Agriculture

21

Uma Kant Dubey, Deputy Registrar, DIPP, New Delhi

Usama Akram, Research Officer, (CCRUM), Ministry of Health and Family Welfare, New Delhi

G.D. BagchI, CIMAP, Lucknow

Topi Basar (Mrs.), Assistant Professor, Law Centre-I, Faculty of Law, New Delhi

Y.S. Bedi, Indian Institute of Integrative Medicine, Jammu

Ajai Garg, Scientist “E’, Ministry of Communication and Information Technology, New Delhi Sudesh N. Gaidhani, Assistant Director (Pharmacology) Central Council for Research in Ayurvedic Sciences, Ministry of Health and Family Welfare, New Delhi

Venu GopaL, Director, National Museum of Natural History, Ministry of Environment & Forests, New Delhi

Vadiraja HS, Consultant (Tech) CCRYN, Ministry of Health and Family Welfare, New Delhi

Tariq Hussain, National Botanical Research Institute (NBRI) Rana, Lucknow

Ghazala Javed (Ms.), Assistant Director (Unani) Department of AYUSH, Ministry of Health and Family Welfare, New Delhi

Geeta Kathpalia (Ms.), HoD (IPR) & Scientist ‘F’, Ministry of Communication and Information Technology, New Delhi

Poonam Kakkar (Ms.), Scientist, Indian Institute of Toxicology Research (IITR), Lucknow

Anil Khurana, Assistant Director (Homeo), CCRH, Ministry of Health and Family Welfare, New Delhi

Hemant Kulkarni, Scientist, Council of Scientific & Industrial Research (CSIR), New Delhi

Pawan Kumar, Assistant Director, (CCRUM), Ministry of Health and Family Welfare, New Delhi

Avinash Kumar, Directorate of ER & IPR/IPR Group, Additional Director, DRDO, Ministry of Defence, New Delhi

Brij Lal, Scientist, Institute of Himalayan Bioresource Technology, Palampur

Anita Mandhare, Scientist, CSIR Unit for Research & Development of Information Products (URDIP), Pune

Sanjeeva Kumar Majumdar, Scientific Officer-IPR, National Research Development Corporation, New Delhi

22

Subhan C. Nath, Scientist, North-East Institute of Science & Technology (NEIST),Assam, Jorhat

P.K. Panda, Scientist, Institute of Minerals & Materials Technology (IMMT), Odisha, Bhubaneshwar

Anand Pandey, Scientist B, NSTEDB, Department of Science & Technology, Ministry of Science and Technology, New Delhi

Bhavana Prasher (Ms.), Scientist Fellow, Planning and Performance Division, CSIR Headquarters, New Delhi

G.R. Raghavender, Director/Registrar of copy rights, Ministry of Human Resource Development, New Delhi

Rajiv Rastogi, Assistant Director, CCRYN, Ministry of Health and Family Welfare New Delhi

Shikha Rastogi (Ms.), Scientist, Intellectual Property Management Division 14, New Delhi

Selvarajan, Research Officer (Siddha) CCRS, Ministry of Health and Family Welfare, New Delhi

Senthilvel, Research Officer (Siddha) CCRS, Ministry of Health and Family Welfare, New Delhi

Vipin Sharma, Research Officer (Ayu) Department of AYUSH, Ministry of Health and Family Welfare, New Delhi

Vikram Singh, Deputy Director (Homeo), CCRH, Ministry of Health and Family, New Delhi

K. Sivaprasad, Liaison Officer, National Biodiversity Authority, Ministry of Environment & Forests, New Delhi

Rakesh TiwarI, Scientist. CIMAP, Lucknow

V.K Tyagi, Deputy Industrial Advisor, Ministry Of Chemicals & Fertilizer, New Delhi

Subhash Chandra Verma, Research Officer (Chemistry), Central Council for Research in Ayurvedic Sciences, Ministry of Health and Family Welfare, New Delhi

S. P. Ashok, Secretary NEST Foundation, Tribal Cultural Bhawan, Sivasagar, Assam

INDONESIA

Juara Pahala Marbun, Chief of Section on Information Technology Development Process, Directorate of Information Technology, Ministry of Law and Human Rights, Tangerang

Sjamsul Hadi, Deputy Director on Local Wisdom and Folklore, Directorate of Cultural Tradition, Ministry of Culture and Tourism, Jakarta, Indonesia

Herman Hendrik, Staff, Directorate of Cultural Tradition, Ministry of Culture and Tourism,

23

Jakarta, Indonesia

IRAN

Alireza Jahangiri, Director General, Legal Department, Ministry of Foreign Affairs, Tehran

Amir Houshang FATHIZADEH, Head of Special Training, Ministry of Commerce, Tehran

IRAQ

Ahmed Mousa Saeedan Al-SAEDI, Chief of Observers, National Centre for the Protection of Copyrights and Related Rights, Ministry of Culture, Baghdad

JAMAICA

Bernard Jankee, Director, African Caribbean Institute of Jamaica/ Jamaica Memory Bank, Institute of Jamaica

KENYA

Helen Koki (Mrs.), Deputy Chief Legal Counsel, Kenya Copyright Board, Nairobi

KYRGYZSTAN

Bakyt Kenenbaev, State Secretary of the State Intellectual Property Service, Bishkek

MALAYSIA

Kamal Kormin, Head, Patent Examination Section (Applied Science), Intellectual Property Corporation of Malaysia, Kuala Lumpur

MALDIVES

Ahmed Naseer, State Minister, Ministry of Tourism, Arts and Culture, Male

MALI

Hawa Kone (Mrs.), Manager of Cultural Heritage, National Directorate of Cultural Heritage, Ministry of Culture, Economic Development, Bamako

MONGOLIA

Odgerel Erdembileg (Mrs.), Promotion Officer, Intellectual Property Office of Mongolia, Ulaanbaatar

NAMIBIA

Tileinge Sacharias Andima, Registrar, Industrial Property, Ministry of Trade and Industry, Windhoek

24

NEPAL

Tek Prasad Pulami, Section Officer, Industrial Promotion and Industrial Property Section, Ministry of Industry, Kathmandu

OMAN

Al Rashdi Salim, Legal Director, Public Authority for Crafts Industry, Muscat, Oman

PERU

Andres Valladolid, Technical Secretary of the National Anti-Biopiracy Commission, Lima

PHILIPPINES

Jennifer Lou Bercero Dinopol (Ms.), Deputy Director General, Intellectual Property Philippines, Manila

Josephine M. Reynante, First Secretary, Philippine mission to the UN –Geneva

REPUBLIC OF KOREA

Jeongyoon Choi, Senior Deputy Director, Patent Examination Support Division, Korean Intellectual Property Organization (KIPO), Daejeon

Jae Shin JO, Director, Korean Intellectual Property Office (KIPO), Daejeon

RUSSIAN FEDERATION

Larisa Simonova (Mrs.), Deputy Director, International Cooperation Department, Federal Service for Intellectual Property, Patents and Trademarks (ROSPATENT), Moscow

SOUTH AFRICA

Hema Odhav, Third Secretary, South African High Commission, USA

SRI LANKA

Irosha Supuni PattiyagamagE (Mrs.), Assistant Director, Ministry of Industry and Commerce, Colombo

THAILAND

Chulamanee Chartsuwan (Ms.), Director of International Economic Policy Division, Department of International Economic Affairs, Ministry of Foreign Affairs, Bangkok

Kunchana Deewised (Mrs.), Director of the Bureau of Protection of Thai Traditional Medicinal Knowledge, Department for Development of Thai Traditional and Alternative Medicine, Ministry of Public Health, Bangkok

25

Tanyarat MungkalarungsI (Ms.), First Secretary, Permanent Mission of Thailand, Geneva

TURKEY

Kemal Demir ERALP, Patent Examiner, Patent Department, Turkish Patent Institute, Ankara

UGANDA

Juliet Nassuna (Ms.), Principal State Attorney, Uganda Registration Services Bureau, Kampala

VIET NAM

Viet Ha Nguyen, Official, Legislation and Policy Division, National Office of Intellectual Property of Vietnam, Ha Noi

ZAMBIA

Anthony Bwembya, Registrar, Patents and Companies Registration Agency, Lusaka

Mumba Makumba, Information Systems Manager, Patents and Companies Registration Agency, Lusaka

II. SPEAKERS Dr. R. A. Mashelkar, Former Director General, CSIR and Bhatnagar Fellow., NCL, Pune.

Preston Hardison, Tulalip Tribes, Seattle, United States of America

Dominic Keating, Patent Attorney, United States Patent and Trademark Office (USPTO), Alexandria, United States of America

Manuel Ruiz, Director, Peruvian Society for Environmental Law (SPDA), Lima, PERU

Paul Schwander, Director, European Patent Office (EPO), Rijswijk. NETHERLANDS

Samir K. Brahmachari, Director General of the Council of Scientific and Industrial Research (CSIR), New Delhi

V.K. Gupta, Senior Advisor and Director, Traditional Knowledge Digital Library (TKDL), Council of Scientific and Industrial Research (CSIR) and Chairman, TKDL Task Force, New Delhi

Archana Sharma (Ms.), Senior Scientist in Council of Scientific and Industrial Research (CSIR). TKDL-Yoga Coordinator in Traditional Knowledge Digital Library (TKDL) Unit of the CSIR, New Delhi

Bala Subramaniam, Scientist, TKDL Unit, Council of Scientific and Industrial Research

(CSIR), New Delhi

Alpana Jain, (Ms.), Senior Technical Officer in the Traditional Knowledge Digital Library (TKDL) Unit of the CSIR, New Delhi

26

III. LOCAL ORGANIZERS

Council of Scientific and Industrial Research (CSIR)

Ministry of Science and Technology, Government of India

Archana Sharma (Ms.), Senior Scientist

Vinod Agrawal, Senior Scientist

Bala Subramaniam, Senior Scientist, TKDL

Alpana Jain (Ms.), Technical Officer, TKDL

IV. WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO)

Johannes Christian Wichard, Deputy Director General

Naresh Prasad, Executive Director and Chief of Staff, Office of the Director General

Wend Wendland, Director, Traditional Knowledge Division, Global Issues Sector

Olga Begoña Venero Aguirre (Ms.), Head, Genetic Resources and Traditional Knowledge Section, Traditional Knowledge Division, Global Issues Sector

Someshwar Singh, Consultant, Regional Bureau for Asia and the Pacific, Development Sector

Armelle Le Theix (Ms.), Assistant Administrative Officer, Regional Bureau for Asia and the Pacific, Development Sector

Ms. Samar Shamoon, Head, Media Relations Section, Communications Division, Global Issues Sector

27

Annex 2(I)

28

Annex 2(II)

29

30

Annex 2(III)

  31

INTERNATIONAL CONFERENCE ON

UTILIZATION OF THE TRADITIONAL KNOWLEDGE DIGITAL LIBRARY (TKDL) AS A MODEL FOR THE PROTECTION OF TRADITIONAL KNOWLEDGE

22 MARCH 2011, DIWAN-I-AM, HOTEL TAJ MANSINGH, NEW DELHI

A CURTAIN RAISER

(Embargoed- Can be published on/after 21 March, 2011)

1. Misappropriation of traditional knowledge and bio-piracy of genetic resources are the issues

of great concern for all the developing countries. These issues are being pursued at several multilateral forums, such as Convention on Biological Diversity, TRIPs Council, World Trade Organisation and World Intellectual Property Organisation. However, so far a ‘global framework’ for traditional knowledge protection system has not been established. It is mainly for this reason that Mexico had to fight a legal battle for 10 years to get the patent on Enola bean at the United States Patent & Trademark Office (USPTO) cancelled in July 2009. Similarly, the cancellation of Monsanto Soybean patent in July 2007 at the European Patent Office (EPO) took 13 years of legal battle.

2. India is the only country in the world to have set up an institutional mechanism – TKDL, to

protect its traditional knowledge and to prevent grant of wrong patents. A collaborative project between CSIR and Department of AYUSH, Ministry of Health and Family Welfare, TKDL is a maiden Indian effort to help prevent misappropriation of traditional knowledge belonging to India at International Patent Offices. It enables cancellation/withdrawal of wrong patent applications concerning India’s traditional knowledge at zero cost and in few weeks time. In sharp contrast, in the absence of TKDL, it took 10 years (1995-2005) to get Neem patent invalidated for antifungal properties at EPO.

3. The genesis of TKDL dates back to the Indian effort on revocation of patent on wound

healing properties of Turmeric at the USPTO and anti-fungal properties of Neem at EPO. In 2000, the TKDL expert group estimated that about 2000 wrong patents concerning Indian systems of medicine were being granted every year at international level, mainly due to the fact that India’s traditional medical knowledge existing in languages, such as Sanskrit, Hindi, Arabic, Urdu, Tamil etc. was neither accessible nor comprehensible for the patent examiners at the international patent offices.

4 The TKDL technology integrates diverse disciplines (Ayurveda, Unani and Siddha),

languages (Sanskrit, Arabic, Urdu, Persian and Tamil), modern science and modern medicine. It has created a unique mechanism for overcoming the language and format barriers by scientifically converting and structuring the available information contents of 34 million A4 size pages of the ancient texts into five international languages, namely, English, Japanese, French, German and Spanish. Through TKDL, a Sanskrit verse can now be read in international languages by an examiner at any International Patent Office on his computer screen enabled by two important features of TKDL: Relevant information technology tools and a novel classification system - Traditional Knowledge Resource Classification (TKRC). Today, through TKDL, India is capable of protecting about 0.226 million medicinal formulations similar to those of Neem and Turmeric. On an average, it takes five to seven years for opposing a granted patent at international level which may cost 0.2-0.6 million US$. One could only imagine the cost of protecting 0.226 million medicinal formulations in the absence of TKDL!

Annex 2(IV) 

  32

5 Encouraged by the ongoing support of Indian Government for internationalizing India's pioneering Traditional Knowledge Digital Library as a template for the benefit of developing countries seeking to protect their traditional knowledge, World Intellectual Property Organization (WIPO), a specialized agency of United nations, has collaborated with CSIR to organize a major international conference on ‘Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for the Protection of Traditional Knowledge’ during 22-24 March, 2011, in New Delhi. Dr Francis Gurry, DG, WIPO, considers this development as a concrete and potentially beneficial form of South-South Cooperation in which India's pioneering role would be recognized.

6 More then 40 countries from different regions of the world would participate in this international event, including 35 developing countries (17 from Asia Pacific region, 4 African, 4 Latin American, 3 Arabian, 4 from Division for certain countries in Europe and Asia such as Bulgaria and Russian federation and 3 Least Developed Countries- Mali, Uganda and Zambia) and 7 developed countries who are signatories of TKDL Access Agreement, viz., European Union, United States of America, Germany, United Kingdom, Canada, Australia and Japan.

7 India has already signed TKDL Access Agreement with (i) European Patent Office (Feb 2009), (ii) United State Patent & Trademark Office (Nov 2009), (iii) Canadian Intellectual Property Office (Sep 2010), (iv) German Patent Office (Oct 2009), (v) United Kingdom Patent & Trademark Office (Feb 2010) and (vi) Intellectual Property, Australia (Jan 2011). In-principle Agreement has been reached with the Japan Patent Office while negotiations are under way to conclude the Access Agreement with the Intellectual Property Office of New Zealand.

8 These unique international Access Agreements are expected to have long-term implications on the protection of both traditional knowledge and global intellectual property systems in view of the fact that in the past, patents have been granted at various patent offices on the use of over 200 medicinal plants due to the lack of access to the documented knowledge in public domain. Also, 40-50 patent applications based on Indian traditional knowledge are awaiting grant of patent at any point of time.

9 Significant impact has already been realized at EPO during the last one year after the signing of the Access Agreement. Beginning July 2009, TKDL team has so far identified about 230 patent applications at EPO which concern Indian systems of medicine and filed third party TKDL evidences at EPO. In two such cases, EPO has already set aside its earlier intention to grant patents after it received TKDL evidence. In one case, the applicant modified its earlier claims. In other thirty three cases, the applicants themselves decided to withdraw their four-to-five year old applications on being confronted with TKDL evidence which is a tacit admission of bio-piracy by applicants themselves. It is expected that in the balance 200 plus cases, either EPO would reject these applications or applicants themselves would withdraw their wrong claims/patent applications in coming months. In addition, TKDL evidences against misappropriation in 400 more cases have been submitted at other International Patent offices. Similar outcomes are also expected at the other International Patent Offices.

The details of applications where EPO, based on TKDL evidences, decided to set aside its earlier intention to grant patents and the details of applications filed at EPO where applicants themselves decided to withdraw their claims/patent application after they were confronted with TKDL evidence are given in Annexure 1.

33

Annexure 1

1. Details of applications where EPO based on TKDL evidences decided to set aside its earlier intention to grant patents are given below:-

(i) EP1520585: EPO decided to grant patent to M/s. Data Medica, Padova SPA, Italy on 19.2.2009 for use of Pista as an anti-cancer drug. Evidences were submitted by TKDL Unit, CSIR, India on 09.07.2009. EPO, based on TKDL evidence, set aside its earlier intention to grant patent on 14.07.2009.

(ii) EP1747786: EPO decided to grant patent to M/s. Perdix Eurogroup SL, Spain on 02.04.2009 for use of watery extract of kharbooza /melon as an anti-vitilgo cream. Evidences were submitted by TKDL Unit, CSIR, India on 08.07.2009. EPO based on TKDL evidence set aside its earlier intention to grant patent on 28.7.2009.

2. Details of Cases where applicant modified the claims are given below:-

(i) EP1849473: EPO decided to grant patent to M/s. Livzon Pharmaceutical Group Inc., China on 25.02.2010 for use of Kalamegha and Mint for the treatment of avian influenza. Evidences were submitted by TKDL Unit, CSIR, India on 20.05.2010. EPO based on TKDL evidence set aside its earlier intention to grant patent on 10.6.2010. Subsequently M/s. Livzon Pharmaceutical Group Inc modified its claims on 05.07.2010 in the independent use of Kalamegha and Mint for the treatment of avian influenza.

3. Details of applications filed at EPO where applicants themselves decided to withdraw their claims/patent application after they were confronted with TKDL evidence are given below.

(i) EP1781309: M/s Purimed Co. LTD., Korea filed a patent application on 09-06-2005 for treatment of heart diseases using Indian lotus. Evidences were submitted by TKDL Unit, CSIR, India on 17-07-2009. On 04-08-2009 applicant decided to withdraw its claims / patent application.

(ii) EP1889638: M/s Jumpsun Bio-Medicine Co., Ltd, China filed a patent application on 06-03-2006 for treatment of obesity and/or diabetes using Bengal gram/Chana. Evidences were submitted by TKDL Unit, CSIR, India on 11-06-2009. On 20-11-2009 applicant decided to withdraw its claims / patent application.

(iii) EP1807098: M/s Amcod Limited, Kenya filed a patent application on13-09-2005 for treatment of diabetes using Neem, Gheekawaar and Daal Chini. Evidences were submitted by TKDL Unit, CSIR, India on 01-07-2009. On 24-11-2009 applicant decided to withdraw its claims / patent application.

(iv) EP2044850: M/s Clara's ApS, Denmark filed a patent application on 19-09-2007 using Haldi/turmeric, Zeera, Adrak/Ginger and Pyaaz/Onion as a slimming agent. Evidences were submitted by TKDL Unit, CSIR, India on 25-08-2009. On 30-10-2009 applicant decided to withdraw its claims / patent application.

(v) EP1967197: M/s Cognis IP Management, Germany, filed a patent application on 09-03-2007 for the treatment of obesity using Gheekawaar. Evidences were submitted by TKDL Unit, CSIR, India on 20-07-2009. On 27-11-2009 applicant decided to withdraw its claims / patent application.

34

(vi) EP2065031: M/s Evonik Goldschmidt, Germany, filed a patent application on 30-11-2007 using Arjuna as an Anti-ageing/anti-wrinkle agent. Evidences were submitted by TKDL Unit, CSIR, India on 07-09-2009. On 27-01-2010 applicant decided to withdraw its claims / patent application.

(vii) EP1607006: M/s Unilever Nv, Netherlands, filed a patent application on 18-06-2004 using Grape juice and/or Apple juice as a cardio tonic. Evidences were submitted by TKDL Unit, CSIR, India on 17-07-2009. On 04-08-2009 applicant decided to withdraw its claims / patent application.

(viii) EP2090315: M/s Kapur MBBS, B., Dr., Great Britain filed a patent application on 13.06.2007 using Opium, Spinach and Saunf / Fenugreek as immuno- modulator agents. Evidences were submitted by TKDL Unit, CSIR, India on 13.10.2009. On 18-02-2010 applicant decided to withdraw its claims / patent application.

(ix) EP1906980: M/s Natreon Inc, USA, filed a patent application on 27-07-2006 using Ashwagandha for the treatment of stress, sleeplessness and anxiety. Evidences were submitted by TKDL Unit, CSIR, India on 06-07-2009. On 25-03-2010 applicant decided to withdraw its claims / patent application.

(x) EP1825845: M/s Jan Marini Skin Research Inc, USA, filed a patent application on 22-02-2007 using Brahmi, Tea leaves, Ashwagandha, Turmeric as anti ageing and anti-inflammatory agents. Evidences were submitted by TKDL Unit, CSIR, India on 02-07-2009. On 08-04-2010 applicant decided to withdraw its claims / patent application.

(xi) EP1660106: M/s Avesthagen Limited, India, filed a patent application on 15-08-2003 using arjuna as cardio tonic and for the treatment of obesity and diabetes. Evidences were submitted by TKDL Unit, CSIR, India on 08-07-2009. On 06-04-2010 applicant decided to withdraw its claims / patent application.

(xii) EP2015761: M/s Naveh Pharma Ltd, Israel, filed a patent application on 29-03-

2007 using Rose and Sweet violet / Banafshah for the treatment of diseases of throat, e.g. pharyngitis, and sore throat. Evidences were submitted by TKDL Unit, CSIR, India on 13.08.2009. On 15-04-2010 applicant decided to withdraw its claims / patent application.

(xiii) EP1937231: M/s GW Pharma Limited, Great Britain, filed a patent application on

11-10-2006 using Bhaang for the treatment of cough and bronchitis. Evidences were submitted by TKDL Unit, CSIR, India on 21.05.2010. On 24-06-2010 applicant decided to withdraw its claims / patent application.

(xiv) EP2094287: M/s Ocumedic APS Denmark, filed a patent application on 22-11-

2007 using Naarangi for the treatment of disease of eye. Evidences were submitted by TKDL Unit, CSIR, India on 14.06.2010. On 06-07-2010 applicant decided to withdraw its claims / patent application.

(xv) EP1959977: M/s Jaffe, Russell M. USA, filed a patent application on 07-11-2006

using Babool for the treatment of constipation, indigestion and diabetes. Evidences were submitted by TKDL Unit, CSIR, India on 30.06.2010. On 06-07-2010 applicant decided to withdraw its claims / patent application.

(xvi) EP2133089: M/s Indena Spa, Italy, filed a patent application on 12-06-2008 using

Abuqanus for the treatment of Asthma and Breathlessness. Evidences were

35

submitted by TKDL Unit, CSIR, India on 23.07.2010. On 26-07-2010 applicant decided to withdraw its claims / patent application.

(xvii) EP2133080: M/s Haelan Schweiz, Switzerland filed a patent application on 13-06-

2008 using Alsi and Pomegranate / Anaar for the treatment of diseases of heart, skin and diabetes. Evidences were submitted by TKDL Unit, CSIR, India on 12.07.2010. On 26-07-2010 applicant decided to withdraw its claims / patent application.

(xviii) EP2070545: M/s Bios Line S.p.a. Italy, filed a patent application on 10-12-2008

using Mint, turmeric and Olive for the treatment of dysentery. Evidences were submitted by TKDL Unit, CSIR, India on 14.06.2010. On 29-07-2010 applicant decided to withdraw its claims / patent application.

(xix) EP2101800: M/s Ache Laboratories, Brazil, filed a patent application on 14-12-

2007 using Grape for the treatment of Diabetes, obesity and hypertension. Evidences were submitted by TKDL Unit, CSIR, India on 01.07.2010. On 01-09-2010 applicant decided to withdraw its claims / patent application.

(xx) EP1949889: M/s Mercian corporation, Japan, filed a patent application on 17-10-

2006 using Grape for the treatment of skin marks and acne. Evidences were submitted by TKDL Unit, CSIR, India on 07.06.2010. On 04-08-2010 applicant decided to withdraw its claims / patent application.

(xxi) EP1709995: M/s Al-Jassim, Rawaa at al United States, Great Britain and

Germany, filed a patent application on 02-03-2000 using Black seeds for the treatment of conjunctivitis and allergic disorders. Evidences were submitted by TKDL Unit, CSIR, India on 18.06.2009. On 18-08-2010 applicant decided to withdraw its claims / patent application.

(xxii) EP1958641: M/s Bionature E.A. Limited, Nicosia / Cyprus, filed a patent

application on 16.02.2007 using Pistacia lentiscus / Mastgee for the treatment of inflammation. Evidences were submitted by TKDL Unit, CSIR, India on 23.06.2009. On 22-09-2010 applicant decided to withdraw its claims / patent application.

(xxiii) EP2116253: M/s Phytrix JV, LLC, USA, filed a patent application on 07.05.2008

using Phyllanthus / Bhumi aamla for the treatment of HIV associated diseases. Evidences were submitted by TKDL Unit, CSIR, India on 03.08.2010. On 28-09-2010 applicant decided to withdraw its claims / patent application.

(xxiv) EP1729593: M/s Natbio Pty Ltd, Australia, filed a patent application on 23.02.2005

using Ginger for the treatment of inflammation and mal-absorption. Evidences were submitted by TKDL Unit, CSIR, India on 30.10.2009. On 11-10-2010 applicant decided to withdraw its claims/ patent application.

(xxv) EP1971354: M/s Seoul National University Industry Foundation, Korea, filed a patent application on 05.01.2007 using licorice / Mulaithi for the treatment of liver diseases. Evidences were submitted by TKDL Unit, CSIR, India on 04.05.2010. On 21-10-2010 applicant decided to withdraw its claims / patent application.

(xxvi) EP2089505: M/s Morning-After Herbal Infusion Corporation, Canada, filed a patent

application on 08.11.2007 using Turmeric for reducing alcoholic hangover. Evidences were submitted by TKDL Unit, CSIR, India on 14.06.2010. On 29-10-2010 applicant decided to withdraw its claims / patent application

36

(xxvii) EP1942917: M/s Juice Beauty, USA, filed a patent application on 30.10.2006

using Lemon, Grapes, Apple, and Aloe vera as Skin care product for treating Acne, freckles and Skin marks. Evidences were submitted by TKDL Unit, CSIR, India on 02.07.2010. On 04-11-2010 applicant decided to withdraw its claims / patent application

(xxviii) EP2175848: M/s GW Pharma Limited, Great Britain, filed a patent application on

25.06.2008 using Cannabis for treating different types of pain, Diabetes mellitus, cancer and mental disorders. Evidences were submitted by TKDL Unit, CSIR, India on 30.07.2010. On 11-11-2010 applicant decided to withdraw its claims / patent application

(xxix) EP2218455: M/s Cognis IP Management GmbH, Germany, filed a patent

application on 07.02.2009 using Horse Gram/ Kulattha for wound healing and as antioxidant. Evidences were submitted by TKDL Unit, CSIR, India on 30.09.2010. On 18-11-2010 applicant decided to withdraw its claims / patent application

(xxx) EP2014295: M/s Velleja Research SRL, Italy, filed a patent application on

28.05.2008 using licorice / Mulaithi, Chamomile and turmeric as anti inflammatory and anti-infective for genital area. Evidences were submitted by TKDL Unit, CSIR, India on 01.10.2010. On 23.11.2010 applicant decided to withdraw its claims / patent application.

(xxxi) EP2008661: M/s Spannagel Lucia Antonia, Argentina, filed a patent application on

05.05.2008 using marigold, aloe vera and brahmi as healing agent and for treatment of wound. Evidences were submitted by TKDL Unit, CSIR, India on 20.05.2010. On 05.01.2011 applicant decided to withdraw its claims / patent application.

(xxxii) EP1759706: M/s PRIEBE INGRID, Germany, filed a patent application on

04.09.2006 using Yellow Gentian for treatment of Skin, Kidney and Urinary disorders. Evidences were submitted by TKDL Unit, CSIR, India on 25.06.2010. On 15.02.2011 applicant decided to withdraw its claims / patent application.

(xxxiii) EP2091353: M/s Biorigin Scandinavia AS, Norway, filed a patent application on

13.11.2007 using Wheat, Rice, Barley and Sunflower for treatment of External Parasites and worm infestation. Evidences were submitted by TKDL Unit, CSIR, India on 11.06.2010. On 18.02.2011 applicant decided to withdraw its claims / patent application.

  37

Unit for Science Dissemination

Council of Scientific & Industrial Research (CSIR) Anusandhan Bhavan, 2, Rafi Marg, New Delhi-110 001.

Tele: 23715241; e-mail: bedids@csir.res.in; Mobile: 9811615280

Press Release

International Conference

on

Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for the Protection of Traditional Knowledge

New Delhi, 22 March 2011. Shri Pawan Kumar Bansal, Hon’ble Minister of Science and

Technology and Earth Sciences inaugurated today a three-day international conference

on Utilization of Traditional Knowledge Digital Library (TKDL) as a Model for the

Protection of Traditional Knowledge, jointly organized by the Council of Scientific &

Industrial Research (CSIR) and World Intellectual Property Organization (WIPO),

Geneva, being held at New Delhi from 22nd to 24th March 2011. The conference is

attended by 40 foreign delegates from countries, including Bangladesh, Bhutan,

Botswana, Brazil, Bulgaria, Chile, Cambodia, Ecuador, Fiji, Indonesia, Iran, Iraq,

Jamaica, Kenya, Kyrgyzstan, Malaysia, Maldives, Mali, Mongolia, Nepal, Oman, Peru,

Philippines, Republic of Korea, Russia, Sri Lanka, Thailand, Turkey, Uganda, Vietnam

and Zambia. Eight officials from WIPO are also attending.

Shri Bansal, in his inaugural address, mentioned that through its ground-breaking

work of TKDL, India has made waves around the world by preventing the grant of wrong

patents based on India’s traditional knowledge. He affirmed that the Indian Government

would cooperate with all the interested developing countries for creating TKDL at their

place for protecting their own traditional knowledge from bio-piracy.

Annex 2(V)

  38

Prof. Samir K. Brahmachari, DG CSIR, in his welcome address mentioned that

the knowledge which has been the wisdom of thousands of years is a great treasure

and should be used for enabling affordable health care system. He reiterated the words

of Gandhi saying that there is enough for everybody’s needs but not enough for

everybody’s greed and that TKDL is helping to do just that. He appreciated the

guidance and leadership of Shri. V.K. Gupta Director, TKDL, who has led this project to

this prestigious culmination where several nations across the world are eager to

replicate the Indian TKDL model.

Deputy Director General, WIPO Mr. Johannes Christian Wichard said that India

having a long history of traditional knowledge is a pioneering leader in fight against its

misappropriation. This, he emphasized, is an active step in terms of both domestic and

International development. He mentioned that India has been a major player in this area

and continues to show leadership. TKDL is a practical initiative and has made result-

oriented impact in enhancing the International Patent Classification for inclusion of

traditional knowledge related material, he added. He stressed upon the need for India to

enable all other developing countries in creating their own TKDL.

Shri V.K. Gupta gave a comprehensive overview of the TKDL and its usefulness

as a defensive tool. He touched upon the historical perspective behind its genesis,

particularly the time and effort needed to revoke the turmeric patent. His discussion of

the ease with which attempts at misappropriation could be countered using the TKDL

website particularly the anti-vitiligo treatment using Cucumis held the audience spell-

bound. He shared with the audience several such case studies where all wrong patent

applications have been rejected in short duration due to the evidence available from

TKDL database at no cost basis.

39

Annex 3

Speech of Minister of Science & Technology and ES, VP, CSIR

International Conference on 'Utilization of the Traditional Knowledge

Digital Library (TKDL) as a Model for the Protection of Traditional Knowledge'

1. Salutations.

2. It gives me a great pleasure to welcome all of you today to the Inaugural

session of the International Conference on Utilization of the Traditional

Knowledge Digital Library (TKDL) as a model for the protection of Traditional

Knowledge (TK).

3. CSIR was scheduled to sign the TKDL Access Agreement with Japan Patent

Office on March 25, 2011, in New Delhi. As you all know that presently people of

Japan are passing through a grave crisis. We in India would like to express

solidarity with friendly people of Japan. Our Hon’ble Prime Minister, on the floor

of Parliament has offered all resources and support to Japanese people to

overcome the present moment of crises.

4. I feel proud that CSIR in collaboration with Department of Ayurveda, Yoga,

Unani, Siddha & Homeopathy (AYUSH), could develop an immensely effective

tool for protection of India’s Traditional Knowledge in the area of Indian Systems

of medicine i.e. Ayurveda, Siddha, Unani and Yoga- the systems that are being

used in India since thousands of years and which were misappropriated by bio-

pirates for the last several years.

5. The issue of Traditional knowledge protection is quite a sensitive one, since

Traditional knowledge (TK) is the information that people in a given community,

have developed over generation on the basis of their experience and which is

40

adapted to local culture and environment. This knowledge has strong co-relation

with the biological resources necessary for the continued survival of the

community. Traditional Knowledge is the basis of the livelihood of a very large

population in the world, in particular, in developing countries.

6. As per World Health Organization reports, it is estimated that more than 70%

of the population is dependent on traditional medicines for their primary health

care needs.

7. Therefore, protection of traditional knowledge has been an area of great

concern. Many countries of the world are struggling to protect their traditional

knowledge, against wrongful exploitation, primarily in the pharmaceutical sector.

8. For the last several years efforts are being made by different International

organizations like World Trade Organization, World Intellectual Property

Organization and Convention on Biological Diversity, to evolve an implementable

solution for protection of TK, though it is very difficult to bring consensus due to

diversity of interest, in multilateral fora.

9. It's really a matter of great honour that India could develop this much needed

tool for protection of TK, the genesis of which dates back to the year 2000, after

the wrong patents granted on the wound healing properties of turmeric by US

Patent Office and on the antifungal property of Neem by European Patent Office,

came to notice which were later fought· and got revoked by the Government of

India.

10. For facilitating the examiners of International Patent Offices, so as to

ascertain that no wrong patent is granted on India's traditional knowledge, the

access of TKDL database has been granted on non-disclosure agreement TKDL

database converts India's Ayurveda, Unani, Siddha & Yoga, into five international

languages which makes information understandable to the patent examiners.

41

11. TKDL has well equipped us to protect 226 million formulations similar to

those of 'Neem' and 'Turmeric', and that too within a time range of 'days and

weeks' and without any cost, contrary to the cases of 'Neem' and 'Turmeric'

where country had to incur huge cost and it took more than 10 years to get the

'Neem' patent revoked at EPO.

12. The success of TKDL has made waves around the world, particularly In

traditional knowledge rich countries by demonstrating the advantages of

proactive action and the power of strong deterrence. The idea is not to restrict

the use of traditional knowledge, but to ensure that wrong patents are not

granted due to lack of access to the prior information for Patent examiners.

13. No pioneering work is ever easy. Ground-breaking work is never smooth

going. For TKDL too, many hurdles had to be successfully negotiated.

Benchmarks had to be created and set in place.

14. I am happy to say that the TKDL team managed to turn this onerous task into

an organized and objective activity. More than 150 experts in the area of

traditional medicines, Information Technology, IPRs and Scientists spent almost

ten years in bringing TKDL to this stage of international acceptability.

15. I am delighted that TKDL has been recognized and appreciated by the World

Intellectual Property Organization and by the EPO and USPTO as well as other

patent offices worldwide who have found in it a powerful weapon to fight TK-theft.

16. Your presence here today, ladies and gentlemen bodes well for the TKDL

movement and I assure you that in my capacity as Vice President, CSIR and

Minister of S&T and ES, all cooperation will be extended to all of you, in

particular, to WIPO, so that countries rich in Traditional Knowledge and

42

biodiversity, desirous of adopting TKDL as a model of Traditional Knowledge

protection, are able to do so.

17. With these words, I welcome all of you once again, wishing you very

productive and meaningful discussions in the next two days and the Conference

a grand success.

43

International Conference on the Utilization of the Traditional Knowledge Digital Library as a Model for Protection of Traditional Knowledge

OPENING ADDRESS

Johannes Christian Wichard, Deputy Director General, on behalf of

Francis Gurry, Director General, World Intellectual Property Organization (WIPO)

New Delhi, March 22, 2011

Honorable Ministers, Excellencies, Distinguished Guests, Ladies and Gentlemen It is a great honor and a privilege for me to be here in Delhi today at this International

Conference on the Utilization of the Traditional Knowledge Digital Library as a Model for

Protection of Traditional Knowledge.

Allow me to begin by conveying to you the good wishes of the Director General of the

World Intellectual Property Organization (WIPO), Mr. Francis Gurry, who – to his very

great disappointment – has been prevented from joining the Conference as planned,

and has asked me to deliver on his behalf his opening address.

It is with great pleasure that WIPO has co-organized this International Conference in

India with the Council of Scientific and Industrial Research (CSIR). India has a rich

heritage of traditional knowledge. Moreover, India has shown itself to be a world leader

in the fight against the misappropriation of that knowledge.

India is a leader on this subject, not because it was simply on the receiving end of

several world-famous cases of ‘biopiracy’; but because of the active steps it has taken -

Annex 4

44

domestically and internationally - to protect its country’s traditional knowledge from

misappropriation. The best known of these initiatives is the subject of this conference –

the Indian Traditional Knowledge Digital Library (TKDL).

Let me start by setting traditional knowledge in the international context.

Traditional knowledge results from the application of human innovation. As yet,

however, it is not adequately protected by conventional intellectual property (IP)

systems. It has, therefore, been vulnerable to various forms of misappropriation.

The protection of traditional knowledge presents multiple challenges for the intellectual

property system. But it also presents an opportunity for IP systems to embrace

communal forms of innovation which are integral to the cultural traditions and

knowledge systems of developing countries and their communities.

Numerous initiatives are currently underway – internationally, regionally and nationally

– to provide balanced and appropriate protection for traditional knowledge. These

include policy, legislative and practical initiatives, which are mutually-supportive.

There are particularly exciting developments on the international level at WIPO:

Last year, in Geneva, WIPO’s 184 member states made a historical breakthrough. They

agreed to begin work on text-based negotiations to ensure the effective protection of

traditional knowledge, genetic resources and traditional cultural expressions through

the development of an international legal instrument or instruments.

Their decision, for the first time, recognized traditional knowledge, genetic resources

and traditional cultural expressions as part of a more universal knowledge base upon

which the international IP system rests. We are now discussion an expansion of the

traditional boundaries of intellectual property.

Those negotiations are now moving ahead in WIPO’s Intergovernmental Committee on

Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the

IGC).

45

The IGC will submit draft texts of the international legal instrument (or instruments) to

the WIPO General Assembly in September this year. The Assembly will then decide

whether the work has reached the stage at which a Diplomatic Conference can be

convened.

Much work remains to be done. The issues are complex. Political and intellectual

leadership will be needed to bring the negotiations to a successful conclusion.

Leadership and a pragmatic approach – by influential countries within all regions - will

be necessary to maintain the focus of the IGC on the IP dimension of the issues, and to

steer the negotiations towards outcomes able to attract widespread support.

India has been a major player in this process. I am confident that India will continue to

show the leadership needed to help move the negotiations to concrete outcomes.

The IGC’s negotiations are about developing the international legal architecture. In

parallel, however, there is an important supplementary role for practical initiatives,

which can change the international landscape often faster than legislative or normative

approaches.

And this brings me back to the Indian TKDL.

The TKDL represents a pioneering effort to protect India’s traditional knowledge from

misappropriation. It is an excellent example of a practical initiative – a technical platform

which can work alongside legislative frameworks and support them. The TKDL is

distinct from - but complementary to - the negotiations taking place in the IGC.

The background to the TKDL is well known. India’s centuries-old traditional health care

systems existed in languages such as Sanskrit, Hindi, Arabic, Urdu and Tamil, and

were codified in ancient texts. These texts were however neither accessible nor

comprehensible for patent examiners in international patent offices.

46

The TKDL has overcome language and format barriers by scientifically converting and

structuring the information contained in the ancient texts into 34 million A4 size pages in

five international languages.

The TKDL’s own classification system, the Traditional Knowledge Resource

Classification (TKRC), was created by India and has influenced WIPO’s International

Patent Classification (IPC). By making the TKDL available, via Access and Non-

Disclosure Agreements, to six international patent offices, and coupled with India’s

global bio-piracy watch system, India has achieved dramatic success in preventing the

grant of erroneous patents, without the need to have recourse to costly and ultimately

uncertain court procedures.

WIPO applauds the Indian Government’s initiative in conceptualizing and establishing

the TKDL, and congratulates, in particular, the Council of Scientific and Industrial

Research (CSIR), Ministry of Science and Technology, and the Department of

Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy (AYUSH), Ministry

of Health and Family Welfare of India.

Today, inspired by the Indian example, there are several other countries which now

wish to establish their own TKDLs.

Of course, there is no one-size-fits-all solution. The TKDL approach, which is based on

documentation and making available traditional knowledge databases, raises a number

of complex policy questions, as well as operational and technological challenges. The

Indian model may need to be adapted to situations where, for example, a community’s

TK is held orally. There are also some concerns that TK documentation could

inadvertently facilitate the misappropriation of TK, unless it is undertaken with a full

understanding of the IP implications and with community involvement.

These challenges will need to be addressed carefully and we can address them. The

Indian Government holds the experience, expertise and technology in establishing

TKDLs and has expressed a willingness to make this know-how available to other

interested countries, for them to use and adapt as they see fit.

47

WIPO, for its part, can contribute its international contacts, its expertise in identifying

and managing the IP implications of documenting TK. WIPO can also ensure

coherence between such practical initiatives and the normative negotiations in the IGC.

WIPO is well placed, therefore, to support these initiatives where countries so wish and

to catalyze collaborative partnerships where requested.

I am, therefore, very pleased to announce that WIPO and the Government of India have

are planning to partner in order to help make available the Indian Government’s TKDL

experience and know-how to those other countries which decide to create their own

TKDLs. As there are a number of countries which have already indicated their wish to

benefit from this arrangement, I am confident that work will begin to establish TKDLs in

other countries later this year.

WIPO is prepared to assist beneficiary countries, should they so wish, to conclude

access and non-disclosure agreements with international patent offices. Beneficiary

countries would own and control access to their own TKDLs.

A lot of work lies ahead, but the results will be highly rewarding for the international

community. We very much look forward to cooperating with our Indian partners.

I thank you once again for the opportunity of speaking to you and I wish you a very

successful Conference.

____

48

Annex 5

Speech of DG, CSIR

International Conference on Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for the Protection of Traditional

Knowledge

1. Salutations.

2. TKDL, as you know, is a collaborative Project of the Council of Scientific &

Industrial Research (CSIR) which, it is my privilege to represent, and the

Department of AYUSH, Ministry of Health and Family Welfare, Government of

India.

3. It is thus, with the greatest of pleasure that I warmly welcome all of you today to

the Inaugural session of the International Conference on Utilization of the

Traditional Knowledge Digital Library (TKDL) as a model for the protection of

Traditional Knowledge (TK).

4. I take great pride in the fact that TK, which has always been transmitted through

non-institutional means, is now, because of efforts made by CSIR and AYUSH,

available to patent examiners worldwide as a database which is a tool to

understand the codified knowledge existing for Ayurveda, Siddha, Unani and

Yoga as prior art. It is, indeed, a marvel of science and technology that a Sanskrit

verse of Caraka Samhita, our ancient scripture, can now be read in English by an

examiner at the United States Patent & Trademark Office (USPTO) or in German

by a German Patent Office examiner on their computer screens in a terminology

which they understand.

5. As a scientist, I am aware that Traditional Knowledge and Modern Science have

had their genesis under entirely different social, economic, cultural and historical

contexts. TK, however, has withstood the test of time and remains as relevant

today as it was thousands of years ago. Ironically, it is vulnerable to

misappropriation by the unscrupulous who seek to exploit it for pure personal

greed.

49

6. A study of the history of patents wrongly granted and then subsequently revoked

after lengthy legal battles bears testimony to the fact that the grant of patents on

non-patentable knowledge, particularly those related to traditional medicines and

yoga postures, which are either based on the existing traditional knowledge of the

developing world, or a minor variation thereof, has been a cause of emotional

distress to the developing world which represents a rich storehouse of TK.

7. CSIR has been involved in the fight to stop misappropriation of TK from the very

beginning. In the nineties, patents were secured on the wound healing properties

of turmeric, although the therapeutic properties of turmeric were known to every

house wife in India. The patent on turmeric was challenged by CSIR. USPTO

revoked the patent in 1997, though this involved a complex and expensive

litigation. It was for the first time that a patent based on traditional knowledge of a

developing country was successfully challenged at an International Patent Office.

8. The experience highlighted the need for a proactive line of defense for the

nation’s TK…and thus, TKDL was born.

9. Since its inception in 2001, TKDL has made exemplary progress. As on date,

85,500 formulations from Ayurveda; 1, 20,200 formulations from Unani and

13,470 formulations from Siddha have been compiled in the TKDL database

which runs to 34 million A4 size pages. This is a formidable database indeed!

10. By providing access to 2.26 Lakh (0.226 million) medicinal formulations to Patent

Offices under TKDL Access (Non Disclosure) Agreement, TKDL is serving, since

February 2009, as an effective deterrent against the grant of wrong patents and

safeguarding national interest. That TKDL protection is working is evident

because there has been a sharp decline (44 %) in filing of patent applications

relating to Indian systems of medicines at EPO.

11. Since early 2010, not a single case of misappropriation concerning Ayurveda,

Unani and Siddha has come to our notice at the European Patent Office, the

Canadian Patent office, the United Kingdom Patent & Trademark Office or the

50

German Patent Office. Similarly at USPTO, misappropriation has not been

sighted in applications published since March, 2010.

12. TKDL has been conclusively successful in cancellation of intent to grant patents

in 3 cases at EPO and in another 33 cases, applicants themselves withdrew their

3 to 4 year old applications once they were confronted with TKDL evidence.

13. The TKDL team has filed evidences in about 600 cases so far at various

International Patent offices and we are confident that we would be successful in

all these cases.

14. I am glad that this maiden effort of India is being recognized as an effective

approach for preventing the grant of wrong patents at the International Patent

Offices. This is evident in the importance accorded to TKDL by the World

Intellectual Property Organization (WIPO) which is co-organizing and

participating in this conference.

15. The fact that all of you are here today amply demonstrates the relevance and

importance of replicating the Indian TKDL model worldwide.

16. I, on behalf of CSIR, assure WIPO and all of you of our whole hearted support in

case you decide to adopt TKDL as a model for protection of TK for your country

17. I take this opportunity to warmly welcome all of you once again, and to wish you a

wonderful and fruitful conference.

51

Annex 6

INTERNATIONAL CONFERENCE

Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for the

Protection of Traditional Knowledge

VOTE OF THANKS by Shri V. K. GUPTA, Director, TKDL

Hon’ble Minister, Science & Technology and Earth Sciences, Shri Pawan Kumar Bansal

Ji; Professor S.K. Brahmachari, Secretary, Department of Scientific & Industrial

Research and Director General, Council of Scientific & Industrial Research; Mr.

Johannes Christian Wichard, Deputy Director General, World Intellectual Property

Organization, Distinguished Delegates, Representatives of Media and Friends

I deem it a great privilege to represent CSIR and AYUSH as I stand here today on

behalf of all of TKDL to thank all whose contributions have made the nation proud and

also to thank all of you whose efforts have made this function, a truly grand success.

I place on record our deep sense of gratitude to Hon’ble Shri Pawan Kumar Bansal Ji,

Minister of Science Technology and Earth Sciences and Vice President CSIR, for the

faith reposed in the CSIR and TKDL-team. We are really thankful to you for being with

us today. Your presence has added grandeur to today’s function.

To Prof. Samir K. Brahmachari, Director General CSIR, the entire TKDL-team and I owe

a huge debt of gratitude not only for his gracious presence and encouraging speech but

for the constant support to the TKDL project.

Heart-felt thanks are due to Director General, World Intellectual Property Organization

and Mr. Wichard, Deputy Director General, for WIPO’s commitment to enhance mutual

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cooperation in the internationalizing TKDL for the benefit of all counties seeking to

protect their national TK, we acknowledge with thanks.

I express grateful thanks to the sponsoring organizations whose whole-hearted support

has made this conference a reality. The contribution of WIPO towards hosting this

conference deserves our warmest thanks too.

I thank all other distinguished delegates who have accepted our invitation and given

generously of their time. Your participation, I am sure, will add depth to the content and

deliberations. Thank you for coming.

I would like to express my sincere thanks to our friends in the Media, not only for a

splendid coverage of today’s events but also for their support to TKDL through the

years.

I thank the Rapporteurs who have been diligently taking down notes to ensure that the

salient points of the discussions are recorded for publication after the conference is

over.

An event of this magnitude requires meticulous planning and execution and an eye for

details. I have been extremely fortunate to be able to draw upon the willing support of

colleagues who have demonstrated initiative and involvement at every step and made

the task easier.

It is unfortunate that I cannot thank everyone by name but I must place on record

appreciation of the untiring efforts by the TKDL team, colleagues in CSIR Headquarters

and team of HRDC.

Thank you, ladies and gentlemen, for joining us on this occasion.

Thank you all, very much indeed.

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Tuesday, March 22, 2011 8.30 9.00 Welcome and Registration 9.30 10.30 Inaugural Session

Welcome Address Prof. Samir. K. Brahmachari DG, CSIR Address Mr. Johannes Christian Wichard DDG, WIPO Inaugural Address Sh. Pawan Kumar Bansal Hon’ble Minister of Science & Technology & Earth Sciences Vote of Thanks Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR

10.30 11.00 Coffee break Session I Origins, Establishment and Functioning of the Traditional Knowledge Digital Library (TKDL)

Moderator/Chair: Mr. Paul Schwander Director, European Patent Office (EPO), Rijswijk, Netherlands

11.00 12.00 The Rationale behind the Establishment of the TKDL Speaker: Prof. Samir. K. Brahmachari Director General, Council of Scientific and Industrial Research, India

12.00 13.00 The Design of the TKDL: Mapping out the Technical and Legal Specificities Speaker: Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR, India

13.00 14.00 Lunch break

14.00 15.00 The Traditional Knowledge Resource Classification (TKRC): Classification Methodologies of Traditional Knowledge Speaker:Dr. Bala Subramaniam (Co-ordinator TKDL, CSIR) Dr. Archana Sharma (Co-ordinator TKDL, CSIR)

17.00 18.00 TKDL Facility Demo

18.00 19.00 Defensive Protection of TK: Cooperation with Patent Offices through Non-Disclosure Access Agreements Speaker: Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR, India

19.30 Cultural Evening & Dinner at TKDL facility

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Wednesday, March 23, 2011 Session II The International Patent System and the TKDL

Moderator/Chair: Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR, India

9.00 10.00 Utilization of Prior Art Evidence on TK: Opportunities and Possibilities in the International Patent System Speaker: Ms. Begona Venero, Head, Genetic Resources and Traditional Knowledge Section, Traditional Knowledge Division,WIPO

10.00 11.00 Defensive Protection and International Patent Offices: The Experiences of the European Patent Office and the United States Patent Office Speaker: Mr. Paul Schwander, Director, European Patent Office (EPO), Rijswijk Netherlands Mr. Dominic Keating, Patent Attorney, United States Patent and Trademark Office (USPTO), Alexandria, United States of America (USA)

11.00 11.30 Coffee break

11.30 12.30 Roundtable Discussion

12.30 13.30 Lunch Session III Intellectual Property and the TKDL as a Model for Protection

Moderator/Chair: Dr. R.A. Mashelkar, FRS Former Director General, Council of Scientific and Industrial Research and Bhatnagar Fellow

13.30 14.00 Overview of Policy, Legal and Practical Options for the Protection of TK

Speaker: Mr. Wend Wendland, Director, Traditional Knowledge Division, WIPO 14.00 14.30 Negotiations at the WIPO Intergovernmental Committee: Recent Developments

Speaker: Mr. Wend Wendland

14.30 15.00 Indian TKDL as a Model to Prevent Misappropriation Speaker: Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR, India

15.00 15.30 Coffee break

15.30 14.30 Panel Discussion: Experiences with the Prevention of Misappropriation Speaker: Mr. Jeongyoon CHOI, Senior Deputy Director, Patent Examination Support Division, Korean Intellectual Property Office(KIPO), Daejeon, Republic of Korea Mr. Manuel Ruiz, Director, Peruvian Society for Environmental Law (SPDA), Lima

16.30 17.30 IP Management in the Documentation of TK: The WIPO TK Toolkit Speaker: Ms. Begona Venero

19.00 -onwards WIPO Reception at Long Champ, Hotel Taj Mansingh

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Thursday, March 24, 2011 Session IV Policy and Practical Considerations for the Internationalization of the

TKDL Moderator/Chair: Mr. Wend Wendland

9.30 11.30 A Comparative Overview of the Nature and Forms of TK Mr. Juara Pahala Marbun Indonesia Ms. Ruth Deyanira Camacho Toral Ecuador Mrs. Helen Koki Kenya Mrs. Kunchana Deewised Thailand

11.30 12.00 Coffee break

12.00 12.30 An Indigenous Perspective on TK Documentation Speaker: Mr. Preston Hardison Tulalip Tribes, Seattle, USA

13.00 13.30 Developing a Plan of Action and Resourcing Strategy Speaker: Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR

Session V Closing

13.30 14.00 Closing Remarks

Speaker: Mr. V.K. Gupta Director TKDL & Sr. Advisor, CSIR Mr. N.N. Prasad Executive Director & Chief of Staff, WIPO

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Media Coverage

International Conference on ‘Utilization of the Traditional Knowledge Digital Library (TKDL) as a Model for the Protection

of Traditional Knowledge’

Indian Online

S.No. Media Title 7

Mar 22, 2011 - India Education Diary- International conference on 'Utilization of Traditional Knowledge Digital Library'

8

Mar 21, 2011 - Yahoo! News - International conference on Utilization of TKDL kicks off tomorrow

9

Mar 22, 2011 - IBN Live - "Willing to share TKDL model to protect traditional knowledge"

10

Mar 25, 2011 - INDIA BLOOMS- UN forum aims to save traditional medicine

11

Mar 25, 2011 - INDIA GAZETTE- Seminar on prevention of bio-piracy begins Tuesday

12 Mar 22, 2011 - MSN news - India to Showcase mission to protect traditional Knowledge

13

Mar 21, 2011 - Newkerala.com - International conference on Utilization of TKDL kicks off tomorrow

14 Mar 21, 2011 - New Delhi News.net- International conference on Utilization of TKDL kicks off tomorrow

Indian Print Media S.No. Media Title 1

Mar 22, 2011 - The Hindu Business Line - India equipped to protect over 2 lakh formulations under Traditional Knowledge Digital Library

2

Mar 27, 2011 - Business Standard - 35 nations want to emulate India's digital library model

3

Mar 23, 2011 - The Financial Express - India to help world protect ancient medicines

4

Mar 21, 2011 - Press Information Bureau- Protection of Traditional Knowledge by Utilization of TKDL

5

Mar 22, 2011 - Press Information Bureau- TKDL- Livelihood of Large Population in World

Annex 9

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15

Mar 21, 2011 - NewsTrack india- International conference on Utilization of TKDL kicks off tomorrow

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Mar 23, 2011 - Science Business - India to spread its method of barring patents based on traditional knowledge

17

Feb 25, 2011 - Sinapse - WIPO to organize Traditional Knowledge meet in India

18

Mar 24, 2011 - ag-ip-news - International Conference Concludes TKDL Can Prevent Misappropriation and Fuel Innovation

19

Mar 31, 2011 – Tehelka – India begins long fight to protect its patents

20

Mar 28, 2011 – ABC Live – WIPO Tries to Judge India’s Traditional Knowledge Digital Library Success

21 Mar 25, 2011 – LiveNewsIndia.com – Saving normal medicines from ‘bio – piracy’ patents a idea of UN forum

22 Mar 25, 2011 – taxindiaonline.com – Traditional Knowledge: UN praises India’s Digital Library; WIPO calls it path – breaking

23

Apr 01, 2011 – SciDevNet – India to make some traditional knowledge free access

24 Apr 05, 2011 – SPICY IP – ‘Lawyers prevent open access to the TKDL’

Foreign Media S.No. Media Title 25

Mar 22, 2011 - WIPO- WIPO and India Partner to Protect Traditional Knowledge from Misappropriation

26

Mar 24, 2011 – WIPO - International Conference Concludes TKDL Can Prevent Misappropriation and Fuel Innovation

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Mar 24, 2011 - OHIM - India takes lead on "traditional Knowledge" protection

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Mar 24 , 2011 - Managing Intellectual Property - Japan and New Zealand to use India's Traditional Knowledge

29

Mar 25, 2011 - SRI LANKA SOURCE- International conference on utilization of TKDL kicks off tomorrow

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Mar 25, 2011 - The Cambodian Times - Saving traditional medicines from bio-piracy patents the goal of UN forum

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Mar 24, 2011 - UN News Service - Saving traditional medicines from ‘bio-piracy’ patents the

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goal of UN forum 32

Mar 25, 2011 - iP Frontline- International Conference Concludes TKDL Can Prevent Misappropriation and Fuel Innovation

33

Mar 23, 2011 - topix - TKDL - Livelihood of Large Population in World

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Mar 22, 2011 - iisd - WIPO, India Hold Meeting on Traditional Knowledge Digital Library

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Mar 25, 2011 - News Blaze- UN forum Highlights The Need to Save Traditional Medicines From 'Bio-Piracy'

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Mar 24, 2011 - NEWSROOM AMERICA- Medicines From 'bio-piracy' Patents the Goal of UN Forum

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Mar 22, 2011 - TK Bulletin- WIPO and India Partner to Protect Traditional Knowledge from Misappropriation

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Mar 24, 2011 - TK Bulletin- International Conference Concludes TKDL Can Prevent Misappropriation and Fuel Innovation

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Apr 04, 2011 - iP Frontline- WIPO and India Partner to Protect Traditional Knowledge from Misappropriation

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Mar 25, 2011 – IPBrief – India’s Digital Library of Traditional Knowledge – a New Tool in Protecting Indigenous Rights

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Annex 9(I)