India, Australia join hands to protect traditional knowledge through patent cooperation

The Council of Scientific and Industrial Research (CSIR) and IP Australia have signed an agreement providing access to the CSIR’s Traditional Knowledge Digital Library (CSIR-TKDL) during the third India–Australia Annual Summit held in Melbourne on July 9. According to an official statement, the agreement was concluded in the presence of Prime Minister Narendra Modi and Australian Prime Minister Anthony Albanese.

The government said the TKDL Access Agreement was among the 18 key outcomes of the bilateral discussions held during the Summit, which covered areas including defence and security, energy security, education, skill development, science and technology, film-making, traditional knowledge, and the repatriation of cultural properties.

The Traditional Knowledge Digital Library, described as a first-of-its-kind prior art database, was developed by India to prevent the misappropriation of its traditional knowledge through the erroneous grant of patents.Under the agreement, IP Australia will gain access to the TKDL database to identify relevant prior art while examining patent applications in accordance with Australia’s patent laws and examination procedures.

According to the statement, the arrangement will facilitate more informed and efficient patent examination while helping prevent the grant of patents on knowledge that is already part of India’s documented traditional heritage.
The government said India and Australia are both home to rich indigenous knowledge systems, traditional practices and cultural expressions that have evolved over centuries and are vulnerable to misappropriation.

“The signing of the Agreement reflects the shared commitment of both countries to safeguarding traditional knowledge and strengthening intellectual property systems through effective use of documented prior art,” the statement said.

The implementation of the agreement will be overseen by Andrew Wilkinson, Commissioner of Patents, IP Australia; N. Kalaiselvi, Director General, CSIR and Secretary, Department of Scientific and Industrial Research (DSIR); and Viswajanani J. Sattigeri, Scientist-H and Head of the CSIR-TKDL Unit.

Established in 2001 through a collaborative initiative of CSIR and the Ministry of AYUSH, the Traditional Knowledge Digital Library is the world’s first database dedicated to the defensive protection of traditional knowledge. According to the government, the database contains information on more than 5.2 lakh formulations and practices from Ayurveda, Unani, Siddha, Sowa Rigpa and Yoga. The material has been translated into English, German, French, Japanese and Spanish for use by patent examiners worldwide.

With the signing of the agreement with IP Australia, 18 patent offices now have access to the database under Non-Disclosure Agreements (NDAs). The government said the CSIR-TKDL has contributed to more than 375 patent applications worldwide being revoked, rejected, amended, withdrawn or abandoned based on prior art evidence from the database.