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About TKDL

Introduction

Major Milestones of TKDL

Present Status (July 2010)

Introduction
Since time immemorial, India has possessed a rich traditional knowledge of ways and means practiced to treat diseases afflicting people. This knowledge has generally been passed down by word of mouth from generation to generation. A part of this knowledge has been described in ancient classical and other literature, often inaccessible to the common man and even when accessible rarely understood. Documentation of this existing knowledge, available in public domain, on various traditional systems of medicine has become imperative to safeguard the sovereignty of this traditional knowledge and to protect it from being misappropriated in the form of patents on non-original innovations, and which has been a matter of national concern. India fought successfully for the revocation of turmeric and basmati patents granted by United States Patent and Trademark Office (USPTO) and neem patent granted by European Patent Office (EPO). As a sequel to this, in 1999, the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homoeopathy-(AYUSH), erstwhile Department of Indian System of Medicine and Homoeopathy (ISM&H) constituted an inter-disciplinary Task Force, for creating an approach paper on establishing a Traditional Knowledge Digital Library (TKDL).The project TKDL was initiated in the year 2001.
TKDL provides information on traditional knowledge existing in the country, in languages and format understandable by patent examiners at International Patent Offices (IPOs), so as to prevent the grant of wrong patents. TKDL thus, acts as a bridge between the traditional knowledge information existing in local languages and the patent examiners at IPOs.
TKDL is a collaborative project between Council of Scientific and Industrial Research (CSIR), Ministry of Science and Technology and Department of AYUSH, Ministry of Health and Family Welfare, and is being implemented at CSIR. An inter-disciplinary team of Traditional Medicine (Ayurveda, Unani, Siddha and Yoga) experts, patent examiners, IT experts, scientists and technical officers are involved in creation of TKDL for Indian Systems of Medicine.
The project TKDL involves documentation of the traditional knowledge available in public domain in the form of existing literature related to Ayurveda, Unani, Siddha and Yoga, in digitized format in five international languages which are English, German, French, Japanese and Spanish. Traditional Knowledge Resource Classification (TKRC), an innovative structured classification system for the purpose of systematic arrangement, dissemination and retrieval has been evolved for about 25,000 subgroups against few subgroups that was available in earlier version of the International Patent Classification (IPC), related to medicinal plants, minerals, animal resources, effects and diseases, methods of preparations, mode of administration, etc.
Presentation on Traditional Knowledge Resource Classification (TKRC) at IPC Union led to the creation of WIPO-TK Task Force consisting of USPTO, EPO, JPO, China and India by (IPC) Union for enhancing the sub-groups in IPC for classifying the TK related subject matter and considering the linking of TKRC with IPC. In February 2002, a Committee of Experts recommended the inclusion of approx. 200 subgroups on TK against the few existing sub-groups on medicinal plants, and linking of TKRC to IPC and thus, a new main group was included in IPC i.e. A61K 36/00 with 207 subgroups covering different categories of plants, as shown below:
S. No IPC Codes IPC Categories No. of Sub groups in IPC
1. Algae A61K 36/02 to 36/05 4
2. Fungi & Lichens A61K 36/06 to 36/09 10
3. Bryophyta A61K 36/10 1
4. Pteridophytes A61K 36/11 to 36/126 3
5. Gymnosperms A61K 36/13 to 36/17 5
6. Angiosperms A61K 36/18 1
7. Dicotyledons A61K 36/185 to 36/87 148
8. Monocotyledons A61K 36/88 to 36/9068 35
Total number of Sub-groups 207
TKDL gives legitimacy to the existing traditional knowledge and enables protection of such information from getting patented by the fly-by-night inventors acquiring patents on India’s traditional knowledge systems. It will prevent misappropriation of Indian traditional knowledge, mainly by breaking the format and language barrier and making it accessible to patent examiners at International Patent Offices for the purpose of carrying out search and examination.
Major Milestones of TKDL
S.No Activity Period Responsibility
1. Recognition of need of creation of Traditional Knowledge (TK) data bases and need of support to developing countries by Standing Committee on Information Technology (SCIT) of World Intellectual Property Organization (WIPO). June, 1999 Third Plenary Session of SCIT, WIPO under the Chairmanship of Dr. R. A. Mashelkar, the then Director General of CSIR, India
2. Direction to Department of Indian Systems of Medicine & Homoeopathy (ISM&H)* for initiating measures to protect Indian Traditional Knowledge, in particular, Ayurveda - Planning Commission constitutes Task Force under the Chairmanship of Prof. D.N.Tiwari,the then Member Planning Commission on S&T.
3. Approach paper on setting up of TKDL. October, 1999 Paper prepared by Mr. V. K. Gupta, the then Senior Technical Director, National Informatics Centre at the direction of the then Secretary, Department of ISM&H*
4. Submission of approach paper to SCIT, WIPO December, 1999 Dr. R. A. Mashelkar, the then Director General of CSIR, India
5. Setting up of the interdisciplinary (inter-ministerial Task Force on TKDL, consisting of experts from Department Of ISM&H, Central Council of Research in Ayurveda & Siddha (CCRAS), Banaras Hindu University (BHU), National Informatics Centre (NIC), Controller General of Patents Designs & Trade Marks (CGPDTM), etc. under the Chairmanship of the then Senior Technical Director in NIC, Mr. V. K. Gupta January, 2000 Department of ISM&H*
6. Submission of TKDL Task Force Report to Department of ISM&H* May, 2000 TKDL Task Force
7. Presenting TKDL Concept & Vision at International forum May, 2000 Dr.R.A.Mashelkar, the then Director General of CSIR, India
8. Cabinet Committee of Economic Affairs (CCEA's) approval on TKDL Project January, 2001 Department of ISM&H
9. Memorandum of Understanding (MoU) between Department of ISM&H* and National Institute of Science Communication (NISCOM)** June, 2001 Department of ISM&H* and NISCOM**
10. TKDL software, specifications and design July, 2001 Mr. V. K. Gupta, the then Director, NISCOM**
11. Establishing TKDL team of Project Assistants (IT), Ayurveda, Patent Examiners, etc. October, 2001 to March, 2002 NISCOM**, CCRAS, Department of ISM&H* and CGPDTM.
12. Presentation on Traditional Knowledge Resource Classification (TKRC) at International Patent Classification (IPC) Union for getting established WIPO-TK Task Force consisting of USPTO, EPO, JPO, China and India February, 2001 Mr. V. K. Gupta, the then Director, NISCOM**
13. WIPO-TK Task Force recommended for adding a subclass under A 61 February, 2002 Meeting on behalf of India was attended by Mr. V. K. Gupta, the then Director, NISCOM as the member of International Task Force and the presentation was made on the issue of linkage between TKRC and IPC
14. Committee of Experts recommended:(i) inclusion of approx. 200 subgroups on TK against earlier few sub-groups on medicinal plants, (ii) linking of TKRC to IPC and (iii) continuation of work on biodiversity, TK and TCE February, 2003 -------do-------
15. Internationally recognized specifications and standards for setting up of TK data bases and registries based on TKDL specifications

(a) Drafting of specifications at WIPO Regional Symposium at Kochi, based on TKDL

(b) Presentation of WIPO document No. WIPO/GRTKF/IC/4/14 at the 4th Session of Intergovernmental Committee (IGC) of WIPO on Intellectual Property and Genetic Resources, Traditional Knowledge and Expression of Folklore

(c) Adoption of recommendations contained in document No. WIPO/ GRTKF/IC/4/14 by International IP community at the 5th Session of IGC

November, 2002

December, 2002


July, 2003

Regional TK experts from China, Philippines, India (Prof. Anil Gupta, Prof. Madhav Gadgil, Dr. Darshan Shankar, Mr. V. K. Gupta, etc.)

Mr. V. K. Gupta, the then Director, National Institute of Science Communication And Information Resources (NISCAIR)

Intergovernmental Committee (IGC) of WIPO
16. Constitution of Access Policy Issue Committee (APIC) August, 2002 (i) Frame policies on accessing TKDL database
(ii) Decide on matters relating to dissemination of TKDL
(iii) Meet defensive and positive objectives of TKDL
17. Completing data abstraction work on 36,000 Ayurveda formulations for creating TKDL in five languages, i.e. English, German, Spanish, French and Japanese March, 2003 TKDL team of Project Assistants (IT), Ayurveda, Patent Examiners and Scientists functioning since October 2001 at NISCAIR (erstwhile National Institute of Science Communication, NISCOM).
18. Release of demo CD containing a sample of 500 formulations October, 2003 Released by the then Hon’ble Union Minister of Human Resource Development, Science & Technology, and Ocean Development and presided by the then Hon’ble Union Minster of Health & Family Welfare and Parliamentary Affairs.
19. Initiation of the TKDL Unani project June 2004 Department of AYUSH and NISCAIR
20. Initiation of TKDL Ayurveda Phase II August 2004 Department of AYUSH and NISCAIR
21. Meeting with Hon’ble Minister of Health and Family Welfare on providing access to TKDL database to European Patent Office (EPO) August 2004 Department of AYUSH and NISCAIR
22. Concordance between IPC and TKRC and approval on linking of TKRC with IPC October, 2004 35th IPC Union Meeting Describe Concepts presented by Mr. V.K. Gupta, Director NISCAIR
23. Workshop on Creation of TKDL for SAARC Countries December, 2004 SAARC Documentation Centre, NISCAIR and Ministry of Human Resource Development
24. Request for access to TKDL by EPO July 2005 CSIR
25. Initiation of project on TKDL Siddha August, 2005 Department of AYUSH and NISCAIR
26. Creating of TKRC containing approx. 25,000 subgroups December, 2005 NISCAIR
27. Inclusion of 207 subgroups,related to algae,fungi,lichens or plants or derivatives thereof used in Traditional Herbal Medicines in International Patent Classification, 8th Edition January, 2006 IPC union,WIPO
28. Approval on Access to TKDL database to International Patent Offices(IPOs) by Cabinet Committee on Economic Affairs June 2006 -
29. Vetting of Access Agreement August,2005; March,2008; June,2005; December,2005; February,2008; January, 2006 (i) Legal and Treaties Division, Ministry of External Affairs
(ii) Department of Legal Affairs, Ministry of Law and Justice
(iii) Shri Praveen Anand, Leading Patent Attorney
(iv) Shri Soli J. Sorabjee, Former Attorney General
30. Access Agreement sent to EPO July, 2006; December, 2006 CSIR
31. Request by United States Patent and Trademark Office(USPTO) for access to TKDL database and sending of Access Agreement December,2006 CSIR
32. APIC meeting to discuss the responses given by EPO and USPTO June, 2007 APIC
33. Initiation of activities on creation of TKDL Yoga January 2008 CSIR, Department of AYUSH and Morarji Desai national Institute of Yoga (MDNIY)
34. APIC meeting to discuss the clarifications sought by EPO, gives clearance for signing of Access Agreement July, 2008 APIC
35. Access to TKDL database given to European Patent office under Access Agreement
Press Release
February,2009 CSIR
36. Request for access to TKDL by German Patent and Trademark Office (DPMA) March 2009 CSIR
37. Request from Malaysia for having a joint workshop on experience sharing in the area of traditional medical knowledge March,2009 CSIR
38. Request from Thailand for having a joint workshop on experience sharing in the area of traditional medical knowledge April,2009 CSIR
39. USPTO in principle agreement to TKDL Access Agreement conveyed to Indian Mission in US May 2009 Acting Director USPTO
40. Formal agreement to TKDL Access Agreement by USPTO July 2009 USPTO
41. Prior art evidence based on TKDL citations under Third Party observations against 35 Pipe line patent applications at EPO June-July 2009 V.K.Gupta, Senior Advisor and Director, TKDL
42. Based on TKDL's third party observation filed for the application no. EP1520585 relating to cancer treatment using Pistacia species, EPO asked applicant to take position on TKDL cited references July 2009 EPO
43. EPO set aside intention to grant patent on anti-vitiligo cream to Perdix Euro group SL Spain for their application no EP1747786 , based on TKDL third party submission and re-opened the case for substantive examination. July 2009 EPO
44. Access to TKDL database granted to CGPDTM (Indian Patent Office) under Access Agreement July, 2009 CSIR
45. Access to TKDL database given to German Patent and Trademark Office (DPMA) Under Access Agreement October, 2009 CSIR
46. TKDL Access Agreement signed between CSIR & USPTO on 23-11-09 in the Hall of Flags, US Chambers of Commerce, Washington DC. on the sidelines of the State visit of Hon’ble Prime Minister to US
Press Release
i)USPTO (Photo)
ii)Embassy of India		 November, 2009 CSIR
47. Uniliver Nv,Netherland have withdrawn their application no  EP1607006 for "Functional berry composition" dated 04 August 2009 after submission of TKDL prior art evidence(s). 04-Aug-2009 CSIR
48. Purimed Co. Ltd. Seoul, Korea have withdrawn their application no  EP1781309 for "Nelumbinis semen extract for preventing and treating ischemic heart disease and pharmaceutical composition and health food containing the same" dated 30 October 2009 after submission of TKDL prior art evidences. 18-Sept-2009 CSIR
49. Clara's ApS, Denmark have withdrawn their application no  EP2044850 for "Method for altering the metabolism characteristic of food products 30-Oct-2009 CSIR
50. Jumpsun Bio-Medicine (Shanghai) Co. Ltd, China have withdrawn their application no  EP1889638 for "Medicaments and food for treatment or prevention of obesity and/or diabetes containing cicer arietinum extract" 20-Nov-2009 CSIR
51. Amcod Limited, Mombasa, Kenya have withdrawn their application no  EP1807098 for "Herbal compositions for treatment of diabetes" 24-Nov-2009 CSIR
52. Cognis IP Management GmbH, Germany have withdrawn their application no  EP1967197 for "Use of preparations, purifications and extracts of aloe" 27-Nov-2009 CSIR
53. Evonik Goldschmidt GmbH,Germany have withdrawn their application no  EP2065031 for "Skin treatment composition" 27-Jan-2010 CSIR
54. Kapur MBBS, B., Dr. 9 Hilltop Close Maltby, Rotherham South Yorkshire S66 8QF/Great Britain have withdrawn their application no  EP2090315 for "Method and system for producing medicinal alcohol as a prophylatic or remedy for cancer, HIV, AIDS and autoimmune diseases" 18-Feb-2010 CSIR
55. Natreon Inc. 2-D Janine Place New Brunswick, NJ 08901 / US have withdrawn their application no  EP1906980 for "Method of treatment or managment of stress" 25-March-2010 CSIR
56. Avesthagen Limited Unit 3, Discoverer, 9th Floor International Tech Park Whitefield Road Bangalore 560 066/India have withdrawn their application no  EP1660106 for "Biotherapeutics for Mitigation of health Disorders from Terminalia Arjuna" 06-Apr-2010 CSIR
57. Jan Marini Skin Research Inc. 6951 Via del Oro San Jose, California 95119/United States have withdrawn their application no  EP1825845 for "Cosmetic herbal compositions" 08-Apr-2010 CSIR
58. Naveh Pharma (1996) Ltd. P.O. Box 8139 42505 Netanya / Israel2009/04 have withdrawn their application no  EP2015761 for "Methods and composition for treating sore throat" 15-Apr-2010 CSIR
59.*** Based on TKDL's third party observation filed for the application no. EP1849473 "relating Chinese traditional medicine composition for treatment of avian influenza/Bird Flu, method for preparation, and application thereof " EPO asked applicant to take position on TKDL cited references. 10-June 2010 CSIR
60. GW Pharma Limited Porton Down Science Park Salisbury, Wiltshire SP4 OJR/Great Britain have withdrawn their application no  EP1937231 for "Pharmaceutical compositions for the treatment of Chronic Obstructive Pulmonary Disease" 24-June-2010 CSIR
61. Ocumedic APS Advokat Carlo Siebert Vimmelskaftet 43 1161 Copenhagen K / DK[2009/36] have withdrawn their application no  EP2094287 for "Compositions and methods of using same for treatment of a disease or disorder of the eye and/or the adnexa of the eye " 6-July-2010 CSIR
62. Jaffe, Russell M. 10430 Hunter View Road Vienna VA 22181 / United States[2008/49] have withdrawn their application no  EP1959977 for " Compositions for regulating intestinal disorders and methods of use thereof " 6-July-2010 CSIR
63. Indena S.p.A. Viale Ortles, 12 20132 Milano / Italy[2009/51] have withdrawn their application no  EP2133089 for "Compositions for the treatment of disorders of the upper respiratory tract and influenza syndromes" 26-July-2010 CSIR
64. Haelan Schweiz GmbH Schützenstrasse 188808 Pfäffikon Switzerland [2009/51] have withdrawn their application no  EP2133080 for "Compounds containing equol" 26-July-2010 CSIR
65. Bios Line S.p.a.Viale Finladia 435020 Ponte S. Nicolo (PD) / Italy [2009/25] have withdrawn their application no  EP2070545 for "Oral compositions for the prevention and treatment of inflammatory disorders of the colon" 29-July-2010 CSIR
66. Aché Laboratórios Farmacêuticos S.A. Rodovia Presidente Dutra Km 222,2 Porto da Igreja 07034-904 Guarulhos- SP /Brazil [2009/39] have withdrawn their application no  EP2101800 for "Extracts from the skin of fruits of plants from genus vitis, compositions containing the same and a process for its manufacture" 30-July-2010 CSIR
67. Mercian corporation 5-8, Kyobashi 1-chome Chuo-ku, Tokyo 104-8305 / Japan[2008/31] have withdrawn their application no  EP1949889 for "Fibroblast activator, method for activation of fibroblast, collagen synthesis promoter, method for promotion of collagen synthesis, skin aging-preventing agent, and method for prevention of aging of the skin " 4-August-2010 CSIR
68. Al-Jassim, Rawaa 2578 River Wood Drive Napperville, Illinois 60565 / United States, Great Britain, Germany, Netherlands and Qatar have withdrawn their application no  EP1709995 for "Asthma/allergy therapy using nigella sativa " 18-August-2010 CSIR
*Now Department of AYUSH
**Now NISCAIR
***M/s Livzon has now accepted the TKDL evidences that Kalamegha (Andrographis) and Pudina (Mint) use for the treatment of Avian Influenza was known to Indian Systems of Medicine and has withdrawn its claim on independent use of Kalamegha & Mint for the treatment of Avian Influenza and accordingly has modified its earlier claims on 05/07/2010.


Present Status (July 2010)
Present status of transcription of the traditional medicine formulation in the Traditional knowledge Digital Library is given in the following table :
Discipline No. of texts (including volumes) used for transcription Transcribed
Ayurveda 75 books86,200
Unani 10 books1,23,550
Siddha 50 books13,690
Yoga 15 books1,145
Total 150 books2,24,585





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