UPSC Mains 2019 GS3 Q15 — Intellectual Property Rights
How is the Government of India protecting traditional knowledge of medicine from patenting by pharmaceutical companies? (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- How
- Scope keywords
- Government of Indiatraditional knowledge of medicinepatentingpharmaceutical companies
- Implicit sub-parts
- What are the specific legal and institutional frameworks (like TKDL) currently in place?
- How does the Indian Patents Act specifically exclude traditional knowledge (Section 3(p))?
- What international collaborative efforts (WIPO, Nagoya Protocol) has India leveraged to prevent bio-piracy?
- How effective have these measures been in challenging international patent claims (case studies like Neem, Turmeric)?
- Common pitfalls
- Focusing too much on the history of Ayurveda/Yoga rather than the specific defensive mechanisms against patenting.
- Failing to mention the Traditional Knowledge Digital Library (TKDL) as the central mechanism.
- Ignoring the role of the Biological Diversity Act, 2002 and the National Biodiversity Authority (NBA).
- Treating 'patenting' as a general concept without referencing specific legal clauses like Section 3 of the Patents Act 1970.
- Dimensions required
- Legal/StatutoryInstitutionalDigital/TechnologicalInternational/Diplomatic
- Marks allocation hint
Allocate 3 marks for the introduction and definition of bio-piracy. Devote 7-8 marks to the core mechanisms including TKDL, Section 3(p) of the Patents Act, and the Biological Diversity Act. Reserve the final 4-5 marks for international cooperation, successful case examples (Neem/Turmeric/Basmati), and a brief conclusion on future challenges.
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