Traditional knowledge Authority soon

  The Intellectual Property Rights (IPR) Policy of the state released envisages the setting up of Kerala Traditional Knowledge Authority (KTKA) to protect traditional knowledge, especially Ayurveda. Kerala has become the first state in the country to have an IPR Policy.The policy was released by Chief Minister V S Achuthanandan by handing over a copy to the former chief negotiator of the country at the Uruguay Rounds S P Shukla. Hailing the policy, Shukla said that the policy would bring down the monopoly in knowledge and technology enjoyed by a few big powers. The policy draws distinction between two categories- one which refers to knowledge which is the preserve of particular communities and the other which does not have any specific community or family custodian. A basic element is that all traditional knowledge, including traditional medicine, must belong to the domain of 'knowledge commons' and not to the 'public domain'.In the case of the first category, the custodian will be deemed to have rights over the knowledge and in the second one, the State will have the rights. No entity registered as a medium or large enterprise may be deemed to have any rights over traditional knowledge. The right-holders will have two kinds of rights- the right to a brand name and right to use the knowledge.Everybody else, other than the right holder to the traditional knowledge, who wishes to use the knowledge will have to do so under a 'commons license'. Any use of traditional knowledge or practice in violation of the 'commons license' within or outside the state will be considered a violation of the rights of the right holders and will invite prosecution.Those in the first category will have to register with the KTKA. This Authority will also be in charge of enforcing the rights and of the 'commons license', and undertaking promotional activities like forming Traditional Knowledge Users' Cooperatives. Its activities will be financed from a fund created by the State Government.All right holders of traditional knowledge will be deemed to be holding their rights under a 'commons license'. Where the state is the right-holder, all actual practitioners of this category in the state have an automatic license for right of commercial use, but are not empowered to transfer this right of commercial use to anybody else.The policy has envisaged mechanisms to prevent misappropriation of traditional knowledge associated with biological resources by foreigners (ie one who is not an Indian citizen or a body corporate, association or organisation not registered in India) and Indian corporates.This can be done by extending the provision of the Section 7 of the Biological Diversity Act 2002. Another point relates to intellectual property rights over the outcome of research in government-funded and government aided institutions.To oversee the activities, a Supervisory Council on Intellectual Property will be set up under the chairmanship of the Chief Minister and with the Law Minister as the vice chairman.

The New Indian Express, 28^th June 2008