COMMUNITY KNOWLEDGE PROTECTION RIGHTS AND SAFEGUARDING TRADITIONAL INDIAN KNOWLEDGE SYSTEM

SUBMITTED TO:
MRS. Namita Bhatnagar

SUBMITTED BY:
Maneet Mukesh Yadav Namisha Neha Tyagi

COMMUNITY KNOWLEDGE
A community is essentially a group of people that are living in a particular area. This can be physical or it can be with everyone sharing common interest. Knowledge is that familiarity which is gained by actual experience, practical skill. Here, Community knowledge refers to a group of people performing certain task in a particular area & having practical skill and experience.

PROPERTY RIGHTS
Property Rights are rights, which are provided to the creators of property.
INTELLECTUAL PROPERTY can be defined as all innovative properties, creation of mind & brain that cannot be touched, seen or moved but has great value & provides competitive business advantage. In other words it can be said that intellectual property rights in creations of human mind, which arise under the laws of patents, copyrights, trademarks, trade secrets, unfair competition related laws

TYPES OF PROPERTY RIGHTS

COPYRIGHTS:
Copyrights is available for any literacy, dramatic, musical, sound recording & artistic work. Infringement of copyrights entitles the owner to remedies of injection, damages accounts. Copyright act, 1957 & amendments in 1997 & 1999. Ex:- Tata Steel

TRADEMARKS:
Trademarks refers to any sign, or combination of sign, symbols or marks that are capable of distinguishing the goods or services of one undertaking from those of the other undertakings, Trademark Act, 1999

PATENTS
Patents are generally for a new useful product & process. A process can be patented if the process results in production of new article or more useful or cheaper article than what is produced by an old method. A Patent is a right granted by the government, which confers on the patentee for a limited period the exclusive privilege of making, selling or distributing & using an invention in consideration of his disclosure of invention. Patent granted in India is valid in INDIA only

GEOGRAPHICAL INDICATIONS
Geographical indications basically indicates that the goods are originated from or are manufactured in a particular territory region or even locality.
The GEOGRAPHICAL INDICATION of Goods ACT,1999 has come into force with effect from September 2003

INDUSTRIAL DESIGN
The feature of shapes, configuration, pattern ornament, composition of lines or colors applied to any article by an industrial process would come under this category.
Design Act,2000 Following points are given importance:Right to exclusive use of design Right to protect the design from piracy Usage of rights even against the government

Safeguarding Traditional Knowledge System

INTRODUCTION OF SAFEGUARDING TRADITIONAL

Most interpretation of the term traditional knowledge incorporate innovation and the volume of knowledge continually developed, acquired, used, practiced, transmitted and sustained by communities through generation supported by their ecology, environment, lifestyle, attitudes, societies and culture. India like any other ancient civilization has numerous traditional knowledge system, for example Ayurveda, Yoga, Meditation system etc Traditional knowledge can therefore include: medicinal knowledge system, agricultural knowledge, cultural knowledge in the form of music, dance, literature, folklore etc.

CASES OF PIRACY
Basmati Rice :

Basmati is a long grain aromatic rice originating in the sub-Himalayan region of India sub Continent.

India and Pakistan, while focusing their attention on disputing the patent claims, had also alleged that Basmati is a geographical induction.

 TURMERIC:

Use of Turmeric in wound healing to the university Of Mississippi Medical Centre, Jackson, USA. CSIR Challenged the patent and it was revoked on 21st April 1998, due lack of novelty

PHYLLANTHUS NIRURI AND OTHER AYURVEDIC DRUGS:

Phyllanthus Niruri has been a traditional treatment for jaundice in various forms of hepatitis and other liver disorders in India for centuries. It has been used as folk remedy as well as in formulations of Indian systems of medicine like Ayurveda, Siddha and Unani.

NEEM:
The neem tree is used as medicine, as a bio-pesticide, bio-fertilizers, bio-fungicide Nitrogen-fixer in the soil etc.

The Indian community has used various part of the neem, including its branches and twigs to clean their teeth for Millennia. Indians have always used the neem in agriculture, as a bio-pesticide, bio-fungicide etc. The Indian scientific community Had developed storage stability of Neem - based product as early as 1969

 Neem based medicinal and agricultural products , containing components azadirachtin, have been produced commercially by both the small scale and cottage industry sector as well as by large cooperation like Gudrej.

JP Margo n collaboration with W.R Grace, purchases seeds as Rs. 3000/4000/- per ton, raising the price beyond the reach of the majority of farmers or small scale producer of Neem products.

BIKANERI BHUJIA
Bikaneri bhujia is a local snack invented by the cook of one of the erstwhile rulers of the India state of Bikaner, an invention shared with the community at large. The production of this snack is today in the cottage industry sector, and provides livelihood to over 25,00,000 people, including women , farmers, brass workers, traders, hawkers, etc. Almost 8 lakh kilogram of Bhujia are sold everyday throughout the world, under the name Bikaneri Bhujia. Pepsi food Ltd. Has entered this business initially as a trader, buying the bhujia from local producers and selling it under their brand name of Lehar Namkeen

YOGA
As many as 134 patents on yoga accessories, 150 yoga related copyrights and 2,315 yoga trademark have been granted by the US patent office. This database ,comprising body cleansing properties, breathing exericies,yoga symbols called mudras,postures and special practice such as floating in water will be digitally documented in five major international languages so that it can be shared with prominent patent office around the world.

REASONS FOR PROTECTING TRADITIONAL

KNOWLEDGE
1. ECONOMIC REASONS.

2. ECOLOGICAL REASONS. 3. PSYCHOLOGICAL REASONS.

LEGISLATIVE PROTECTION
To prevent such rampant misuse of traditional knowledge, the central Government has enacted the Geographical indication of Goods. Geographical indications are distinctive signs identifying products of several undertakings located in a specified geographical area. In in India, possible geographical indication can be Basmati Rice, Bikaneri Bhujia, Darjeeling Tea, Kolhapur Chappell, Agra Petha, kanchivaram Sarees, Nagpur Orange, Pashmina Shawls, etc.

STRATEGIC MANAGEMENT OF INTELLEECTUAL PROPERTY RGHTS

Today business entrepreneurs prefer o execute loyalty agreement, non-competition and non-discloser agreements with individuals to whom intellectual property rights of the business have been revealed.
It is recommended that before revealing any information about any kind of intellectual property to public its registration must be done.

CONCLUSION
After independence, modernization is taking place thus we are loosing our traditions and spiritual legacy. There is a keen need to revive the Indian Ethos and Tradition. We should try to realize the importance of the true value of Indian Heritage.

BIBLIOGRAPHY
Intellectual Property Rights: Bansal, Ipshita and Purohit, Harsh. http://www.law.ed.ac.uk/ahrb/publications/online/varkey http://www.wto.org/english/thewto_e/minist_e/min01_e