Several measures have been implemented to safeguard India's ancient and traditional knowledge:

1. Traditional Knowledge Digital Library (TKDL):
   • Purpose: Established to prevent misappropriation of Indian traditional knowledge in patent applications.
   • Method: Transcribes ancient texts related to Indian Systems of Medicine (ISM) into international languages, making them accessible to patent examiners worldwide.
   • Impact: Enables patent offices to search for prior art related to traditional knowledge, reducing the likelihood of erroneous patents being granted based on Indian traditional knowledge.
2. National Biological Diversity Act, 2002 (BD Act):
   • Requirement: Mandates approval from the National Biodiversity Authority (NBA) before seeking Intellectual Property Rights (IPR) based on biological material and associated knowledge from India.
   • PBR Maintenance: NBA maintains the Peoples Biodiversity Register (PBR) to record comprehensive information on local biological resources and their uses, ensuring proper documentation and preservation of traditional knowledge related to biodiversity.
3. Indian Patents Act, 1970:
   • Non-Patentability of Traditional Knowledge: Section 3p of the Act specifies that inventions derived from traditional knowledge are non-patentable.
   • Disclosure Mandate: The Act also mandates disclosing the source and geographical origin of biological material used in inventions, ensuring compliance with NBA regulations regarding traditional knowledge.
4. Non-Disclosure Agreements and Access to TKDL:
   • Access to Patent Offices: Patent offices worldwide, including major ones like the European Patent Office and US Patent Office, have access to TKDL through Non-disclosure Access Agreements with CSIR.
   • Purpose: Allows patent examiners to search TKDL for prior art related to traditional knowledge in patent applications, aiding in preventing misappropriation.
5. Third-Party Observations and Pre-Grant Oppositions:
   • Defensive Protection: CSIR-TKDL Unit actively engages in filing third-party observations and pre-grant oppositions on patent applications involving Indian traditional knowledge.
   • Impact: This defensive strategy provides additional protection against misappropriation by challenging patent applications that may infringe on Indian traditional knowledge.

In conclusion, the combination of legal provisions such as the BD Act and the Indian Patents Act, along with technological tools like TKDL and strategic interventions like third-party observations, creates a robust framework for safeguarding Indian traditional knowledge from misappropriation in the context of intellectual property rights and patent applications.