Page 71 - Traditional Medicine Systems of BIMSTEC Member States – 2023 Report

patent examiners and include the source of information as well as image of the relevant

portion of original text.
As per approvals of the Cabinet, the access of the database is given to patent

offices world-wide that have signed non-disclosure access agreements with the CSIR.
Sixteen patent offices including the Indian Patent Office (Controller General of Patents,

Designs & Trade Marks), European Patent Office, US Patent Office, Japanese Patent
Office, German Patent Office, Canadian Patent Office, Chile Patent Office, Australian

Patent Office, UK Patent Office, Malaysian Patent Office, Russian Patent Office, Peru
Patent Office, and Spanish Patent & Trademark Office, Danish Patent & Trademark

Office, French Patent Office and the Eurasian Patent Organisation have been granted
access to the TKDL database.

The CSIR-TKDL Unit also files third party observations and pre-grant oppositions
on patent applications related to Indian traditional knowledge, particularly, traditional

medicines based on the TKDL evidences. So far, 323 patent applications have been
either withdrawn/deemed withdrawn or amended or set aside on the basis of TKDL

evidence thus protecting Indian traditional medicine.
Recently, in its approval dated 17 August 2022, the Cabinet among others,

allowed grant of access of the TKDL to all users, beyond patent offices, with due
safeguards. The TKDL will serve as valuable source of knowledge for gainfully integrating

with modern science and technology, and enable impactful advancements.

Relevant Statutes in the context of traditional medicine and genetic resources
T raditional Medicine Systems of BIMSTEC Member States – 2023 Report
a) The Biological Diversity Act, 2002: As per the national Biological Diversity
(BD) Act, 2002, approval of the National Biodiversity Authority (NBA) is
necessary before seeking any IPR based on biological material and associated

knowledge obtained from India. Under the BD Act, 2002 and Rules thereunder,
the NBA has also been pursuing efforts on Peoples Biodiversity Register

(PBR). The register is a tool for formal recording and maintenance of
comprehensive information on availability and knowledge of local biological

resources, their medicinal or any other use. http://nbaindia.org/
b) The Patents Act, 1970: The Patents Act, 1970 provides for disclosing the

source and geographical origin of the biological material in the specification,
when used in an invention and conveys the information to NBA, thereby

facilitating compliance.
More details can be accessed at: https://ipindia.gov.in/

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