Traditional Knowledge Powerpoint Presentation

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A presentation to know about the Traditional Knowledge and Traditional Cultural Expressions of India

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By Exponent Attorneys at Law For Rachana Foundation Traditional Knowledge  All Rights Reserved  All rights reserved Exponent-Attorneys at Law

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Abhay : Rajasthan ! Just as I had heard of and picturized !! A state full of colours . Just amazing !! Right Neha ? Neha : Ya true, but I am more enthusiastic to meet the famous tribes here, the “Bhil Tribes” and to gain insight on their traditional knowledge. I am also going to give them information on traditional knowledge. Abhay : From where did you get to know about this term traditional knowledge? Neha : Actually I had attended a seminar on intellectual property rights held by Rachana Foundation and there I got to know that, Intellectual property rights are the rights which protect the creations of our mind and that, traditional Knowledge is one of its forms Abhay : Ok but why are we going to visit this Bhil Tribes ? Exponent-Attorneys at Law

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Neha : Its because these tribes have been using so many plants and natural produce in their daily life. And you know Abhay ! The great legend Maharana Pratap , known for exceeding courage in the battle field, had attained victory in one of the battles against Mughals, led by Biaram khan with the help of these bhils only. The bhils used a poisonous Juice of the plant called as Baramasi. They extracted the juice from this plant and prepared a thick paste and applied it to the tips of the arrows and attacked the Mughal army with these arrows; within minutes the huge army got reduced to peanuts . The plant which they used is their traditional knowledge, which they have gathered through generations and this knowledge led them to the victory. Abhay : Wow ! That’s marvellous! I never knew anything like traditional knowledge existed and that it can be so much beneficial. Can I get some more information on this ? Exponent-Attorneys at Law

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Neha : Off course ! but wait till we reach our tribal friends dwelling. I am going to make them also aware about traditional knowledge and their rights .. Here we are! Neha : Hello my friends ! We have all gathered here for understanding about Traditional knowledge, which is very precious for you all. For example, the variety of techniques our tribal friends employ in preserving the seeds; or all the types of agricultural methods they use to get good produce; it is nothing but your traditional knowledge. Exponent-Attorneys at Law

Traditional Knowledge:

Traditional Knowledge Traditional Knowledge may be considered as knowledge, know how, skills, innovations or practices; that are passed between generations, within the communities and they form part and parcel of your community. For example: knowledge about traditional medicines , traditional hunting or fishing techniques, knowledge about animal migration patterns, knowledge about water management. Santha (the Tribal) : Sorry to interrupt, but is it that important to protect traditional knowledge? Exponent-Attorneys at Law

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Neha : Yes it is very important my friend! because, Traditional knowledge (TK) is integral to the identity of most local communities. It plays a critical role in your health care, food security, culture, religion, identity, environment, trade and development. If somebody tries to exploit your traditional knowledge for industrial or commercial benefit, it can affect your interests. Santha (the tribal) : what do you mean by exploiting? I didn’t get you? Exponent-Attorneys at Law

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Biopiracy is the misappropriation of Traditional Knowledge with the purpose of getting exclusive ownership over that knowledge . I will give you some examples of how traditional knowledge in India has got exploited….. Neha : By Exploiting I mean as I said earlier that the medicinal paste you make in your community is your traditional knowledge, but if someone tries to steal that knowledge and make profits out of the same, without giving you any share of it, then that is exploitation of your traditional knowledge; This exploitation is called as Biopiracy Exponent-Attorneys at Law

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Ginger Case British Pharma firm filed an application for patent before the UKPTO for ginger , claiming the use of ginger and kutki plant in treatment of cold . India persuaded British Patent Office by citing medicinal texts dating back to the 18th century on use of ginger to treat cough, asthma & lung diseases using India’s traditional knowledge database and got the application rejected. Turmeric Case US PTO granted patent for " use of turmeric in wound healing". The Indian Council of Scientific and Industrial Research (CSIR) got it revoked by giving sufficient evidence that turmeric was a part of India’s traditional knowledge Exponent-Attorneys at Law

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Neem European Patent Office (EPO) granted a patent to the US Corporation W.R. Grace Company and US Department of Agriculture for a method for controlling fungi on plants by the aid of Neem oil. A group of international NGOs and representatives of Indian farmers filed legal opposition against the patent. They submitted evidence that the fungicidal effect of extracts of Neem seeds had been known and used for centuries in Indian agriculture to protect crops, and therefore, was un patentable, The EPO considering the evidence revoked the patent granted on Neem. Exponent-Attorneys at Law

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Neha : Wow! amazing folk dance it was! You know what, these traditional folk dances are also a form of your traditional heritage. They are called traditional cultural expressions. Let me explain you in detail. Santha : Ok Neha ! That was actually quite a piece of information, but before we proceed any further, Please join us in our folk dance you will like it !! We all tribal brothers have arranged this as a surprise for you! Exponent-Attorneys at Law

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TCEs include the following Verbal expressions: stories, tales, poetry, riddles, signs, elements of languages, such as names, words, symbols and indications, etc. Musical expressions: songs and instrumental music, Expressions by actions: dances, plays, artistic forms of rituals, etc.; whether or not reduced to a material form Tangible expressions: drawings, paintings, carvings, jewellery, metal ware, textiles, designs, carpets, sculptures, pottery, terracotta, crafts, mosaic, needlework, basket weaving, woodwork, costumes; musical instruments, architectural forms, Traditional Cultural Expressions Traditional cultural expressions (TCEs), also called "expressions of folklore“ are integral to the cultural and social identities of indigenous and local communities . Verbal expressions: stories, tales, poetry, riddles, signs, elements of languages, such as names, words, symbols and indications, etc. Musical expressions: songs and instrumental music, Expressions by actions: dances, plays, artistic forms of rituals, etc.; whether or not reduced to a material form Tangible expressions: drawings, paintings, carvings, jewellery, metal ware, textiles, designs, carpets, sculptures, pottery, terracotta, crafts, mosaic, needlework, basket weaving, woodwork, costumes; musical instruments, architectural forms, Exponent-Attorneys at Law

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Santha : Dance, music etc are just source of our entertainment, never knew it had so much value!! But do we need to protect this tradition as well? and why? Safeguarding of your cultural identity and values Preventing unauthorized exploitation, use of the TCEs Neha : off course! Protection is very important for And the most important part Santha ! you can monetize your traditional knowledge and earn great profits for the same. Santha : Gain profits? As in we can also make money? Is our traditional knowledge so much valuable? Neha : Yes, very valuable, I will tell you about a very famous case of monetisation of traditional knowledge in India Exponent-Attorneys at Law

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Jeevani Drug Case T he Jeevani ’ drug, was developed by scientists at the Tropical Botanic Garden and Research Institute (TBGRI), based on the tribal medicinal knowledge of the Kani tribe in Kerala, South India. ‘ Jeevani ” is immune enhancing, based on the herbal medicinal plant arogjapaacha , used by the Kani tribals in their traditional medicine. Indian scientists isolated 12 active compounds from the plant, developed the drug “ Jevaani ”, and filed two patent applications on the drug. Then they licenced it to the Arya Vaidya Pharmacy, Ltd., an Indian pharmaceutical manufacturer. And they shared the benefits arising from the commercialization of the TK-based drug Jevaani with the Kani Tribe by establishing a Trust Fund. Exponent-Attorneys at Law

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    Indian Government has also initiated the project called Traditional Knowledge digital library (TKDL) which provides information on traditional knowledge existing in the country . With the help of TKDL, the prior art search is made easier and the traditional knowledge of India is protected from getting exploited by other nations . Santha : Oh god!! we were totally unaware about the worth of our TK!! But what should we do to protect this treasure? Are there any measures by which our TK will be protected In India? However , presently TK is being indirectly protected by defensive methods through Biological Diversity Act, 2002, Patents (Amendment) Act, 2005, Protection of Plant Varieties and Farmers’ Rights Act, 2001, Geographical Indications Act, 2003. Neha : India has yet to take legal steps to specifically address the question on the protection of Traditional Cultural Expressions/ folklore. Exponent-Attorneys at Law

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However, at international level TK has not been conferred equal protection as Industrial Property. T he negotiations are currently going on in the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore towards the development of an international legal instrument, for the effective protection of traditional cultural expressions and traditional knowledge, and to address the intellectual property aspects of access to and benefit-sharing in genetic resources. Santha : But Neha , we have so many people visiting our place from all parts of the world. They are curious about our traditional practices, what should we do.? Exponent-Attorneys at Law

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Neha : Preserving Tk is important my friend! for that you need to practice it and commercialize it. I will suggest you to form your own society which can keep vigil on all the acts pertaining to TK, there are many non-profit organisations as well which can help you with this. I will give you a very good example of commercialization. This individual innovation may eventually become the traditional knowledge in due course. This community can use this knowledge for commercial gains. They can also further develop it by trying the technique on several other pests. Tamarind A farmer named Banidanbhai , belonging to a small community called Gadhvi faced the problem of hairy caterpillar in castor crop. He developed an herbal extract to solve the pest control problem. He used tamarind and lemon juice mixed with water which gained success by almost complete control of this pest in his castor crop. Looking at his experience, other farmers also started following his method to control the pest. Exponent-Attorneys at Law

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Santha : Wow that’s incredible Neha ! We actually never ever thought that our practises, cultures could be so valuable ! Neha : At least now you all have become aware about this treasure! At the end I will just say, that being the holders of such valuable asset, recognise it, protect it and keep adding up to its value by keeping it alive, never let this knowledge get extinct Santha : Ya Neha !! We all promise you. Thank you so much. Kabila !! Kabila!! Neha : What did you just say to your fellow tribal friends?? Santha : Its time for us to gear up!! I am calling them out to prepare for a mission & that mission is to protect and enrich our traditional knowledge and traditional cultural expressions by forming a society! Exponent-Attorneys at Law

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