India and United States have signed two inter-governmental agreements on Intellectual Property Rights (IPR) to help prevent what they say is the misappropriation of traditional knowledge through mistaken issuance of patents, what some call biopiracy.
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The first agreement is the Traditional Knowledge Digital Library (TKDL) Access Agreement signed between the Council of Scientific & Industrial Research (CSIR) and US Patent and Trademark Office (USPTO). The agreement will enable the USPTO to search the database of India’s traditional knowledge compiled under TKDL. CSIR will provide training to the USPTO examiners and staff to help them use TKDL tools for search and examination.
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This database will be an important addition to the growing array of search tools on traditional knowledge from around the world that is already available to USPTO examiners. These tools include dictionaries, formularies, handbooks, and historical or classical works, as well as databases such as the TKDL. USPTO examiners use these tools to help prevent the patenting, and thereby misappropriation, of existing traditional knowledge. A listing of some of these publicly available traditional knowledge tools can be found on the USPTO’s Web site.
The new database, developed jointly by India’s Council of Scientific & Industrial Research (CSIR) and the Department of Ayurveda, Yoga & Naturopathy, Unani, Siddha and Homeopathy (AYUSH), includes over 200,000 traditional medicine formulations on Ayurveda, Unani and Siddha comprising 30 million pages [We wonder who is going to provide the search technology]. The TKDL contains text-searchable English-language translations of these sources, permitting USPTO examiners to search thousands of years of India’s accumulated traditional knowledge. The TKDL also contains translations into French, German, Japanese and Spanish, from these sources, originally written in Hindi, Sanskrit, Arabic, Persian and Urdu.
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