Facts of the Case
For generations, tribal communities in India have used turmeric as a natural remedy to heal wounds. This knowledge, passed orally and practiced widely across rural households, formed part of India’s traditional knowledge (TK). In the 1990s, two scientists from the United States were granted a patent for turmeric’s wound-healing properties. They claimed novelty and exclusive rights under the U.S. patent system. However, the Indian Council of Scientific and Industrial Research (CSIR) challenged this patent.
India successfully proved that turmeric’s medicinal use was not new but already known in Indian tradition. As a result, the U.S. Patent and Trademark Office revoked the patent. This incident sparked a national and international debate on whether traditional knowledge can, and should, receive protection under intellectual property rights (IPR) laws.
Issues of the Case
- Can traditional knowledge, which is ancient and widely used, qualify for protection under modern IPR frameworks?
- Does Indian law provide specific mechanisms to prevent misappropriation of TK by individuals or corporations, especially foreign entities?
- How can India safeguard TK that is undocumented, orally transmitted, or practiced communally, without a single identifiable creator?
- What role should databases or legal instruments play in defending Indian traditional wisdom from being patented elsewhere?
Principles Related Case
The Turmeric Patent Case (US Patent No. 5,401,504) became a landmark in TK protection. CSIR presented ancient Sanskrit texts and scientific publications that confirmed the pre-existing use of turmeric for wound healing. The USPTO cancelled the patent on the grounds of lack of novelty.
This case underscored the need for defensive legal tools to challenge wrongful patents. It also established India’s position at global forums like the World Intellectual Property Organization (WIPO) in advocating for the protection of TK under IPR regimes.
To prevent similar issues, India created the Traditional Knowledge Digital Library (TKDL). This database documents thousands of traditional medicinal formulations in multiple languages, ensuring global patent examiners can access Indian TK during the examination process.
Judgement
Traditional knowledge, though not always patentable in a conventional sense, can be protected under Indian IPR laws through both defensive and proactive measures. Indian law does not grant individual patents for TK held by communities. However, the Biological Diversity Act, 2002, the Protection of Plant Varieties and Farmers’ Rights Act, 2001, and the Geographical Indications of Goods (Registration and Protection) Act, 1999 offer partial protection.
The judiciary and government have clearly recognized that TK deserves protection. Courts have supported the idea that the lack of documentation does not equal lack of ownership. India has taken the lead globally in building legal and institutional mechanisms to prevent the biopiracy of its TK.
In conclusion, while traditional knowledge may not fit neatly into existing IPR models, India’s evolving legal landscape demonstrates a strong commitment to protecting and preserving indigenous wisdom for the benefit of its communities and future generations.
