Safeguarding Traditional Medical Knowledge: An Evaluation Of The Traditional Knowledge Digital Library (TKDL) As A Legal Instrument

T.S. Pavan, SASTRA Deemed University

D.N. Nagarjun, SASTRA Deemed University

ABSTRACT

The paper critically reviews the Traditional Knowledge Digital Library (TKDL) as a legal instrument to protect traditional medical knowledge of India from biopiracy and unauthorized patenting. Focusing on knowledge systems such as Ayurveda, Siddha, and Unani, this research evaluates the effectiveness of TKDL as a defensive mechanism in the global intellectual property frameworks. Although TKDL has been successful in cases of blocking certain patents from being granted, several limitations prevail that dilute its value, including limited access, the exclusion of many indigenous and marginalized knowledge systems, and limited global enforceability. A critical finding is that the closed-access TKDL model prevents public and researcher interaction engagement and thus limits its potential as a resource for knowledge sharing.

Rather, the paper points out that existing international patent systems are inconsistent in accepting TKDL as prior art, thus exposing it to jurisdictional disparities that militate against its very purpose of defending itself. The exclusion of diversified indigenous knowledge also forms one of the major drawbacks: smaller communities often rely on oral traditions which go unrecorded in this database. Addressing the above issues, the paper proffers improvement in policy terms. These would include widening access to TKDL, increasing inclusivity through documentation of a wider variety of indigenous knowledge, as well as stronger international agreements establishing that traditional knowledge is prior art across patent offices. The mechanisms of benefit sharing are also advocated along with legal literacy to ensure that indigenous communities receive a slice in the gain of commercializing their knowledge base.

Overall, the study highlights that a balanced approach for the protection of traditional knowledge emphasizes policies securing cultural heritage while promoting sustainable use through intellectual property frameworks.