Traditional Knowledge Digital Library as Patent System Facilitator

Abstract

The concept of the Traditional Knowledge Digital Library (TKDL) first emerged in India two decades ago. It upholds the current Indian patent law, which forbids the filing of patents based on traditional knowledge that is already in the public domain. Although, TKDL has been quite helpful in preserving traditional knowledge, it can be improved to maximize its potential. With tech advancements, it’s necessary to ensure that traditional knowledge is secured to facilitate the Intellectual Property regime, and prevent the exploitation of local customary knowledge. The primary issue concerning the current operational model is financial in nature. Many advocates strongly contend that access to the TKDL should be facilitated through commercialization. It is essential to grant access to the database to third parties to enhance awareness and promote indigenous knowledge systems. Allowing third-party access is therefore significantly beneficial from a financial perspective. In this regard, we have proposed the establishment of a TKDL fund, aimed at supporting various indigenous communities. This fund would generate financial returns from granting access, which would be distributed among indigenous communities and subsequently utilized for their development, thereby acknowledging their contributions in the realm of traditional knowledge.