Is TKDL A Defensive Shield Or A Complete Protection Mechanism? A Critical Analysis With Reference To Siddha Traditional Knowledge
Deepikaa N, VIT School of Law, VIT Chennai, Mukesh Kumar S R, VIT School of Law, VIT Chennai
ABSTRACT
Traditional Knowledge has been threatened due to its misappropriation and its unauthorised commercial exploitation, especially through global intellectual property systems. India established the Traditional Knowledge Digital Library (TKDL) to safeguard traditional medicinal knowledge such as yoga, siddha, ayurveda, and unani against Biopiracy and wrongful patenting. However, whether TKDL is a complete preventive measure remains an open question. This article attempts to determine whether TKDL is merely a defensive tool against exploitation or whether it provides effective protection to Siddha traditional knowledge. This paper seeks to understand the role of TKDL in protecting traditional knowledge within the intellectual property framework and its shortcomings in addressing issues such as benefit sharing, community involvement and control over the use of traditional knowledge. According to the article, documentation is not comprehensive protection, even if the TKDL has done considerable work to provide strong defensive protection by preventing any illegal patenting and creating prior art. The paper contributes to the existing discussions regarding the governance of traditional knowledge in India through a critical analysis of the distinction between documentation and protection. The study concludes that although TKDL is crucial for preventing Bio-piracy of Siddha Knowledge, further measures must be developed to strengthen the protection of traditional knowledge systems.
Keywords: Biopiracy, Intellectual Property Rights, Prior Art, Siddha Traditional Knowledge, Traditional Knowledge, Traditional Knowledge Digital Library (TKDL).
