Traditional knowledge refers to knowledge, innovations, and practices of indigenous and local communities developed over generations, including in fields such as traditional medicine (Ayurveda, Siddha, Unani, Yoga), agriculture, and biodiversity management. Under Indian law, traditional knowledge is not protected by a single statute but through a multi-layered framework including the Biological Diversity Act, 2002 (access and benefit sharing), the Patents Act, 1970, Section 3(p) (excluding traditional knowledge from patentability), and the Traditional Knowledge Digital Library (TKDL) as a defensive protection mechanism.
Legal definition
Indian law does not provide a single statutory definition of "traditional knowledge" but addresses it through several provisions:
Patents Act, 1970, Section 3(p): An invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components is not patentable.
Biological Diversity Act, 2002, Section 3: No person who is not a citizen of India or a body corporate incorporated in India shall, without previous approval of the National Biodiversity Authority, obtain any biological resource occurring in India or knowledge associated thereto for research or for commercial utilisation.
Biological Diversity Act, 2002, Section 7: No person who is a citizen of India or a body corporate incorporated in India shall obtain any biological resource for commercial utilisation or bio-survey and bio-utilisation without giving prior intimation to the State Biodiversity Board.
The Traditional Knowledge Digital Library (TKDL), established in 2001 as a collaboration between CSIR and the Ministry of AYUSH, is a database documenting traditional Indian medical knowledge from Ayurveda, Siddha, Unani, and Yoga texts. It is classified using the International Patent Classification system, enabling patent examiners worldwide to identify prior art based on traditional knowledge.
How courts have interpreted this term
Turmeric Patent Revocation (USPTO, 1997)
In 1995, the University of Mississippi was granted US Patent No. 5,401,504 for "Use of Turmeric in Wound Healing." India's Council of Scientific and Industrial Research (CSIR) challenged the patent, presenting evidence from ancient Sanskrit texts and a 1953 scientific paper documenting the wound-healing properties of turmeric. The USPTO revoked the patent in 1997, finding that the claims were anticipated by prior art — the traditional knowledge of turmeric's medicinal properties. This case was the catalyst for India's creation of the TKDL.
Neem Patent Revocation (European Patent Office, 2005)
The European Patent Office revoked a patent granted to W.R. Grace and the US Department of Agriculture for a method of controlling fungal infections using neem extract. The opposition (filed by India and several NGOs) demonstrated that neem's antifungal properties were traditional knowledge documented in Indian texts for centuries.
Divya Pharmacy v. Union of India [(2018) Uttarakhand HC]
The Uttarakhand High Court examined the interface between the Biological Diversity Act and traditional knowledge in the context of commercial exploitation of biological resources. The Court held that access and benefit sharing provisions apply to commercial use of biological resources and associated traditional knowledge, even by Indian entities.
Why this matters
India possesses one of the world's richest repositories of traditional knowledge, spanning millennia of accumulated wisdom in medicine, agriculture, and biodiversity management. Protecting this knowledge from misappropriation (biopiracy) is both an economic and cultural imperative.
The TKDL has been remarkably effective as a defensive mechanism. Since its establishment, it has been instrumental in the cancellation, withdrawal, or modification of over 250 patent applications worldwide that attempted to patent traditional Indian knowledge. By making traditional knowledge accessible to patent examiners in patent classification format, the TKDL converts oral and textual traditional knowledge into citable prior art.
For pharmaceutical and biotechnology companies, the traditional knowledge framework imposes specific obligations. Section 3(p) of the Patents Act bars patents on inventions that are essentially traditional knowledge. The Biological Diversity Act requires prior approval from the National Biodiversity Authority for foreign entities accessing biological resources or associated traditional knowledge. Non-compliance can result in penalties including imprisonment up to five years and fines up to Rs 10 lakh.
For researchers and innovators, traditional knowledge is not an absolute bar to patenting. An invention that builds upon traditional knowledge but involves a genuine inventive step beyond the known properties of traditional components may be patentable. The key is demonstrating that the invention goes beyond mere aggregation or duplication of traditionally known properties.
Related terms
Related IP concepts:
Frequently asked questions
Can traditional knowledge be patented in India?
No. Section 3(p) of the Patents Act, 1970 expressly excludes from patentability any invention which is traditional knowledge or an aggregation or duplication of known properties of traditionally known components. However, genuine innovations that build upon traditional knowledge with a novel inventive step may be patentable.
What is the Traditional Knowledge Digital Library (TKDL)?
The TKDL is a database established in 2001 that documents traditional Indian medical knowledge from Ayurveda, Siddha, Unani, and Yoga texts. It is classified using the International Patent Classification system, enabling patent offices worldwide to identify prior art based on Indian traditional knowledge. The TKDL has helped prevent over 250 patents on traditional knowledge globally.
What is biopiracy?
Biopiracy refers to the appropriation of traditional knowledge or biological resources by entities (typically from developed countries) through patents or other IP mechanisms without authorisation from or benefit sharing with the source communities. The turmeric patent (1995) and neem patent (1994) are landmark examples of biopiracy that India successfully challenged.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.