DTK of Medicines from Bio-piracy: Its conscientiousness by TKDL of India

The genetic resources and indigenous communities traditional knowledge of developing countries is being exploited by the Developed countries in the name of patents for inventions that are derived from genetic resources. The exploitation of genetic resources and indigenous communities traditional knowledge by the developed countries in the name of patents on the inventions derived from those genetic resources is actually bio-piracy. Protection of the TK of the local and indigenous communities appears to be one of the most debatable and complex issues. This paper brings out the role of domestic IPR constitution that looks to protect traditional system of medicine and associated TK in Indian sub-continent. Further, it attempts to validate the necessity of introduction of a national TKDL, which can be utilized as an evidence of the 'prior art' by the examiners of patent offices, nationally as well as internationally. Thus, it aims to address the concerns relating to the creation of TKDL in India.