Journal of Intellectual Property Rights

Vol 18, May 2013, pp 272-282

Protecting Traditional Knowledge in Siddha System of Medicine

N Lalitha†
Gujarat Institute of Development Research, Gota, Ahmedabad 380 060, Gujarat, India

Received 31 October 2012, revised 12 February 2013

The Siddha system of medicine (SSM) is an ancient system that is practised in Tamil Nadu in South India and in other
Tamil speaking regions of the world. SSM focuses on addressing the root cause of the disease rather than treating the
disease symptoms, and combinations of herbs, medicinal plants, animal and marine resources go on to make the required
drugs. In the current scenario where (a) pharmaceutical companies are increasingly turning to bio-prospecting to get useful
leads and (b) side effects caused by the pharmaceuticals are generating interest in research on the scope of personalized
medicine, it is important that the various intellectual properties concerning SSM is protected on an urgent basis. The
People’s Biodiversity Register (PBR) is an ideal solution to the issue of economic and knowledge losses due to biopiracy
and lacuna in protecting the intellectual property in SSM. A well documented PBR is an intellectual property registry of a
village/region and would facilitate in appropriate sharing of benefits acquired from exploitation of bio-resources of a region.

Keywords: Siddha medicine, Siddha practitioners, traditional knowledge, intellectual property, biodiversity register

This paper focuses on protecting the intellectual Considering the fact that SSM focuses on addressing
property (IP) of the knowledge holders of Siddha the root cause of the disease rather than treating the
system of medicine (SSM), an Indian system of disease symptoms, it is highly probable that the
medicine practised mainly in Tamil Nadu and other interest in SSM would be revived not as an alternative
Tamil speaking regions of the world. Siddha and the system of medicine, but as a research tool for modern
other codified traditional medical systems such as biotechnology. The stock of knowledge concerning
Ayurveda and Unani cover all basic aspects and SSM is not limited to a few text books but is
branches of medicine including paediatrics, widespread among the practitioners, who, however,
ophthalmology and surgery. Siddha medicines are are not associated with recognized institutions.
produced using herbs, medicinal plants, animal and Protecting this stock of knowledge about the
marine resources. As SSM depends on natural resources itself is the first step in protecting the
resources, it can provide a base for cumulative intellectual property (IP) in SSM.
innovations in the biopharmaceutical segment based This paper discusses the usefulness of preparing an
on recombinant DNA technology. Cumulative IP registry of SSM in the lines of People’s
innovations based on SSM provide scope for Biodiversity Register (PBR). PBRs are
(a) improvements over earlier or existing products, comprehensive documentation on availability and
and (b) application of basic technologies and enabling knowledge of local biological resources, their
technologies such as research tools. As the number of medicinal or any other use or any other traditional
new drug molecules and blockbuster drugs is knowledge associated with them. It would also
decreasing, pharmaceutical companies are provide data on local vaids and practitioners who use
increasingly turning to bio-prospecting to provide local biological resources. Further PBRs can also be
useful leads on which further research can be carried used to validate their medicinal practices, adapt the
out. Further, the side effects caused by modern useful ones and discard the incorrect ones. Most
pharmaceuticals are also generating interest in importantly, the codified information that is available
research on the scope of personalized medicine using in the form of olaichuvadi (palm leaf scripts) and
traditional knowledge (TK). other forms of knowledge systems, can be
___________
documented under the Traditional Knowledge Digital
†Email: [email protected] Library (TKDL) system. Initiated by the Government
 LALITHA: PROTECTING TRADITIONAL KNOWLEDGE IN SIDDHA SYSTEM OF MEDICINE 273

of India in 2001, TKDL is an effort to provide post graduate education4 in Siddha and to pursue
information on traditional knowledge (TK) to patent research in SSM. There are a few colleges in the
examiners to prevent the grant of wrong patents.1 private sector also that offer a five year graduation
PBR can aid in compiling information (which is course. Table 1 presents the number of Siddha
known but not commonly available in public domain) medical practitioners registered with Tamil Nadu
for TKDL. Siddha Medical Council.
Here in this paper, IP of the Siddha medicine
practitioners is meant to refer to the following: the Users of Siddha Medicine
capacity and ability of the Siddha practitioners to There are a large number of people dependent on
(1) understand and transcribe the Siddha practices as SSM in Tamil Nadu as compared to the other Indian
mentioned in the ancient scripts or palm scripts which systems of medicine (Table 2). During the six year
are still in the possession of a few of the Siddha period from 2004 to 2010, the numbers in absolute
practitioners; (2) treat patients without formal training terms have increased. The newly set up National
at an recognized educational institution; (3) identify Institute of Siddha alone treats about 1000 out
the herbs and other medicinal plants that are used in patients every day and has facilities for 120 indoor
the Siddha medicine, their appropriate use,
availability and alternatives; and (4) conserve these Table 1 – Number of Siddha practitioners in Tamil Nadu
resources and use them in a sustainable manner. Class No of registered No of registered
practitioners in practitioners in 2004
Status of Siddha Medicine in Tamil Nadu 2010 (percentage) (percentage)
Regulation and Number of Practitioners BIM &BSMS 3845 (45.05) 2487 (34)
Siddha system of medicine is governed by the LIM, LAM, etc. 6 (0.07) 6 (0.08)
Central Council of Indian Medicine (CCIM) through GCIM 3 (0.03) 3 (0.04)
B class 2245 (26.30) 2245 (31)
the Indian Medicine Central Council Act, 1970 C class 24 (0.28) 24 (0.33)
(IMC, 1970). As per Government of India Enlistment 2411 (28.25) 2409 (33)
instructions, the Government of Tamil Nadu enacted
the Tamil Nadu Siddha System of Medicine Total 8534 (100) 7174 (100)
(Development and Registration of Practitioners)
Notes: (i) BIM and BSMS stand for Bachelor of Indian
Act, 1997. The Tamil Nadu Siddha Medical Council Medicine and Bachelor of Siddha Medicine and Surgery; LIM
is the statutory registration body for the registration of and LAM stand for Licentiate in Integrated Medicine and
Siddha practitioners only. For practising in Ayurvedic Medicine respectively; GCIM denotes the Graduate
Tamil Nadu, registration with the Council is College of Integrated Medicine; B and C refer to those who
have been registered based on their experience; enlistment
compulsory.2 The Tamil Nadu government has denotes the earlier policy of the Government of Tamil Nadu to
attached special importance to the growth and register those Siddha practitioners with more than 5 years
development of SSM as it is part of Tamil culture. practice before 1 October1971.5
‘The strategy in ISM sector is to restore the credibility Source: Government of Tamil Nadu, Performance Budget,
and legitimacy of these systems by emphasizing on 2011-12 and 2004-05
research, education and product standardization and Table 2 – Details of patients treated in 2004 and 2010
increasing the outreach of these systems by
effectively complementing the efforts of the modern System 2004 2010
Out In Out In
side in making available health services to the patients patients patients patients
common man’.3 With this aim in mind, the
Government of Tamil Nadu has started providing Siddha 15475528 199857 20231946 157936
SSM in its government health care along with the Ayurveda 383977 19128 980916 33419
Unani 187317 20354 224264 15050
modern allopathic medicine. Homeopathy 1099756 18261 1595621 19985
Besides, there are several institutions imparting Naturopathy 25153 149215 0
education in SSM. The Government Siddha Medical and yoga
College and Hospital in Palayamkottai is the oldest Total 17171731 257600 23181962 226390
institution teaching SSM. In 2005, the National Source: Government of Tamil Nadu, Performance Budget,
Institute of Siddha was set up in Chennai to impart 2005-06 and 2010-11
274 J INTELLEC PROP RIGHTS, MAY 2013

patients. There is however, no clear estimate of the medicinal plants or in the preparation of the
number of people who are treated by traditional medicine.9 Concerning toxicology, yoga and varma
Siddha practitioners. therapy, these specialties though are inscribed in the
syllabus of governmental colleges, they are hardly
Issues Surrounding SSM
taught and practised.5
Number of Practitioners
There have been instances where colleges have
Following the Drugs Enquiry Committee6 (also
invited traditional practitioners to demonstrate
known as Chopra Committee) Report which focused
knowledge that goes beyond the text books10 and also
on regulating the medical education and registration
of practitioners to weed out the quacks from the offer electives such as snake venom and varma
therapy, which are well known in this region. A few
system, the practitioners are classified into three:
such practitioners also train some of the post graduate
(1) graduates who have been trained in a recognized
students of Siddha medicine, who, in their own
institution; (2) non-graduates with training under a
interest, approach these practitioners to get trained in
teacher, classified as ‘B’ after they had successfully
cleared their written and oral examination; (a) the identification of herbals and (b) the process of
making herbal preparations. But this kind of
(3) nattuvaidiyars or non-graduate practitioners
classified as ‘C’.5 dissemination of knowledge is limited and would
disappear if timely intervention is not made.
Table 1 reveals that the number of graduates
trained in recognized institutions teaching SSM has
increased at a rate of nine per cent per year. The Use of Natural Materials and Their Availability
numbers reported under B and C type of practitioners There are 7483 units producing medicines in the
could be less since there were practitioners who did Indian system of medicine (ISM) sector, which
not appear for the written and oral examination but comprise of both organized and unorganized sectors.
had a fixed clientele from specific geographic Only approximate figures pertaining to the demand
locations. For instance, practitioners with knowledge for herbal and other resources by these units is
of varmakkalai (acupressure on vital points on the known. According to the report of the Taskforce
body) are concentrated a particular region. The on Medicinal Plants11, India requires a total of
traditional bone setters (who set the fractured bones 31,780 tons of herbal raw materials for the
without surgery) are popular and preferred by people pharmaceutical industries. Of this 7180 tons
from all socio-economic backgrounds for their (22 per cent) are imported from Bangladesh, Nepal,
efficacy and relatively cheaper cost of treatment.5 Bhutan, Afghanistan, Pakistan, Singapore, etc., while
However, it is not clear whether the list of the rest is procured from different parts of India. It is
practitioners provided by the government covers all reported that over 90 per cent of the medicinal plants
these traditional practitioners with particular used by the ISM sector is collected from wild and
specialization. The advantage of the hereditary natural sources. Less than 20 plant species are under
practitioners and those who trained under an Asan commercial cultivation. The raw materials are
(a trained teacher) is that they are exposed to practical procured from drug dealers operating from different
aspects of Siddha, right from reading the pulse to parts of the country who procure the raw material
preparation of medicines. from undisclosed sources, often collected by unskilled
The number of graduates is increasing at a lower persons for a nominal price. Further, ‘the plant parts
rate as studying SSM or any of the Indian system of are collected without paying attention to the state of
medicine is taken up only after all the other options of maturity, dried haphazardly, and stored for long
entering professional courses such as medical and periods at unsustainable conditions. The unsustainable
engineering have failed.7 Also, it is not uncommon to collection is rapidly depleting the resource base and
find that after their BSMS degree, these graduates many species are under threat’.11
often train in and even practice allopathic medicine as Siddha medicine uses plant, animal, marine
the law of the land enables them to do so if they are resources and minerals and metals. The efficacy of the
registered practitioners.8 Further, the graduates who medicine depends on appropriate use of genuine raw
are trained in the institutions are exposed only to the materials produced in the prescribed manner.
knowledge that has been transmitted from the books However, over the years either because of
and do not have practical experience of identifying unsustainable method of harvesting the medicinal
 LALITHA: PROTECTING TRADITIONAL KNOWLEDGE IN SIDDHA SYSTEM OF MEDICINE 275

plants or due to the fact that implementation of forest unattended after harvest, lose their weight and their
laws are stricter than before, some of the biological therapeutic value, which reduces the price that
resources are no longer available and, therefore farmers would otherwise get.
cannot be used in the preparation of Siddha medicine. For example, Kilzanelli or Phyllanthus amarus has
For instance, animal resources such as punugu been certified by the World Health Organisation
(Civet Cat or Viverricula Indica) and kasthuri (WHO) for its medicinal properties particularly in
(musk deer), which are claimed to be effective in curing hepatitis. This plant has to be dried in shade
curing asthma, epilepsy and act as a general stimulant after the harvest. If it is dried beyond a certain point,
for heart, are no longer allowed access to because then the product is useless. The other problem
they fall in the endangered species list. Further, some observed by the manufacturers is that Kilzanelli
of the plants have already become extinct and the grown in three different districts differs in quality.
number of entries in the forest red book is increasing Also, plants grown in sandy areas have their
by the year. In such cases, the practitioners and limitations of quality. These are the kinds of
the manufacturers mentioned that they do not produce information rich in IP content that would serve as a
such medicines for want of the original materials valuable reference for Siddha drug manufacturers.
and the consumers have to shift to modern system However, once the catalogue of creative knowledge in
of medicine. the memory of the traditional healers is lost, several
While it would be ideal to find alternatives for of the medicinal plants would become weeds.14
those restricted resources, it nevertheless calls for
large research funding to conduct the pre-clinical and It emerges from the current procurement practices
clinical studies with alternatives that have been found. adopted by TAMPCOL and IMPCOPS that these
Almost all the state governments’ budgets are urban agencies procure the raw materials through tender
centric and focused on modern medicine. Indian process specifying certain standards. These raw
system of medicine in Tamil Nadu gets around materials are procured from various places in India
3.7 per cent of the budget that is allocated for health and some items are also imported. But because the
annually.12 As with any other programme, 70 per cent raw materials are procured from different agencies,
of it would go for administration and salaries. Hence, adequate attention is not paid by these agencies
the actual amount that is going towards R&D, presently to (a) sustainable aspects of the raw
strengthening regulation, training, etc., has to increase materials; and (b) the benefit sharing practices with
significantly, if the system has to survive. the community/individuals that supply raw materials.
If the procuring agencies are not adequately
The other alternative is to undertake cultivation
sensitized, particularly, about the sustainability
of medicinal plants in places other than its
aspects of harvesting the herbals and the medicinal
original habitat. However, respondents particularly,
plants, many of these resources would be added to the
Tamil Nadu Medicinal Products Company Limited
extinct list. This is bound to impact the production of
(TAMPCOL), and Indian Medical Co-operative
the medicines as well in due course.
Pharmacy and Stores (IMPCOPS), who supply to the
Government healthcare facilities in Tamil Nadu and Sources within TAMPCOL point out that they face
the officials from forest department reveal that shortages of some of the herbal products for their
cultivation of medicinal plants in places other than medicinal preparations. In cases where alternatives
their natural habitat poses several hurdles.13 First, are available in satisfactory standards and quantities,
farmers are more often reluctant to grow medicinal the agency continues with the production of
plants for the following reasons: (1) they are not such products. If alternatives are not available,
aware of the exact demand for their products and manufacture of such products are discontinued and
whether they can supply these resources on a resumed only when they are available. It follows from
sustainable basis; (2) the price offered is not this that non-availability of such drugs will force the
attractive; (3) the farmers are not aware of the consumers to shift from SSM to other methods of
appropriate cultivation practices like the importance treatment. Here again, if the database throws light on
of not spraying pesticides or the post harvesting the availability of a particular resource during the past
practices to be adopted to get higher market and the present, appropriate measures could be
value. Some of the herbals, if they remain initiated to arrest the decline of such resources.
276 J INTELLEC PROP RIGHTS, MAY 2013

Issues in Standardization and procedures for following the prescribed process of

There are two types of regulations governing manufacture of drugs, which should be documented as
manufacture of Siddha medicine. One set governs the a manual and kept for reference and inspection.
manufacturing practices in the form of set procedures However, teaching institutions and registered qualified
called good manufacturing practices (GMPs). The vaidyas, siddhars and hakeems (practitioners of ISM),
second type of regulation is in terms of bringing who prepare medicines on their own to dispense to
out pharmacopoeias and formularies for producing their patients and do not sell such drugs in the market
standard Siddha drugs. One of the basic problems are exempted from the purview of GMP.
in Siddha is that each medicine comprises of minimum In issues relating to standardization and adopting
20 ingredients. Non-availability of a few ingredients in GMPs, particularly, for accessing standard raw materials
the composition adds to the problem. Hence, matching in the preparation of the medicines, creation and
and maintaining the uniqueness of each of the maintenance of the PBR would offer some solution.
ingredient to bring out their combined effect
in the final product while at the same time maintaining Protection of Traditional Knowledge through PBR
their standards becomes the herculean task for its Convention on Biological Diversity (1992) was the
manufacturers.15 first binding international legal instrument for protecting
Regulations of manufacturing Siddha medicines the traditional knowledge (TK). But Article 8 j16 actually
come under the Drugs and Cosmetics Act of 1940 and dilutes the protection offered by the CBD by stating that
Drugs and Cosmetics Rules of 1945. As part of the the ‘parties have to take measures as far as possible and
regulation, like the chemical pharmaceutical units, as appropriate’. India is party to the Convention and
Siddha manufacturing units should also adhere to enacted the Biological Diversity Act in 2002
GMPs, which assures users that the medicines are (BDA, 2002). The main objectives of the BDA are:
manufactured adhering to standard manufacturing (1) conservation of biological diversity; (2) sustainable
practices. However, a sufficiently large manufacture of use of the components of biodiversity; and (3) fair and
Siddha medicine takes place in the unorganized sector, equitable sharing of benefits arising out of the use of
which is difficult to be brought under any regulation. genetic resources. In order to effectively implement the
The GMPs not only cover manufacturing practices but BDA 2002, three layers of institutions have been
also set standards for procurement of raw materials. proposed. These are the National Biodiversity Authority
These requirements in short are called as Schedule T (NBA) at the central level, State Biodiversity Boards
requirements. (SBB) at the state level and the Biodiversity
The purpose of the broad GMP measures are to Management Committees (BMC) at the level bodies.
assure the public that the medicines produced are safe; The National Biodiversity Authority was set up in
raw materials used in the manufacture of drugs are 2003 and is located in Chennai. It deals with matters
authentic and of prescribed quality and are free from relating to requests for access to biological resources by
contamination; the manufacturing process has been foreign individuals, institutions or companies. All
prescribed to maintain standards; adequate quality matters relating to transfer of results of research to any
control measures are adopted; and the manufactured foreigner will also be dealt with by the NBA. As
drug released for sale is of acceptable quality. To Table 3 shows, applications claiming IPR through the
achieve the objectives listed above, GMP measures use of biological resources are higher than the other
require that each manufacturer evolves methodology categories indicating the interest in this area.
Table 3 – Status of applications processed by NBA
Year 2006-07 to 2011-12 Access to bio-resources Transfer of IPR Third party transfer Total
for research and research results
commercial purposes
Agreement signed by the 16 10 49 16 91
applicant with NBA
Applications cleared 26 14 288 19 347
Applications under processing 48 23 133 16 220
Closed applications 22 0 17 5 57*
Note: *inclusive of 13 applications that were not applied in prescribed form and fee
Source: www.nbaindia.org (as on 23 December 2011)
 LALITHA: PROTECTING TRADITIONAL KNOWLEDGE IN SIDDHA SYSTEM OF MEDICINE 277

State Biodiversity Boards (SBBs) look after the knowledge of local communities and of traditional
applications for the access to the bio-resources by sciences such as Ayurveda and Unani medicine.21
Indians, Indian companies and institutions. SBBs also Biodiversity register, in other words, is an atlas
have the power to restrain any activity that violates which maps the local resources as well as knowledge
the objectives of conservation.17 and is highly location and time specific. In the context
At the next lower level, state governments with the of IP it is an extremely valuable database. Since these
help of local government bodies have to set up the are time specific information, it has also been proposed
Biodiversity Management Committees (BMCs) in to update this database at timely intervals. NBA has
their jurisdiction for the conservation, sustainable use also proposed that the collected information would be
and documenting the knowledge relating to validated in consultation with an expert technical
biodiversity. Its crucial function is to prepare the committee. However, it is a very complex process as
Peoples’ Biodiversity Register (PBR). PBRs are the task is not only to identify the knowledge holders,
comprehensive documentation on availability and but also to document their knowledge about the
knowledge of local biological resources, their practices, resources used, availability of the resources,
medicinal or any other use or any other traditional etc. But such documentation will take place only if the
knowledge associated with them. It would also knowledge holders are convinced about the purpose for
provide data on local vaids and practitioners using which such information is collected. Nevertheless,
local biological resources. once the more complicated validation of the data is also
BMCs play a very crucial role in the protection of done, it would be a valuable IP of that region giving all
biodiversity. Both NBA and SBBs shall consult the information and an important step in preventing both
BMCs while taking any decision relating to the use of ‘knowledge and biopiracy’. It also serves two
biological resources and knowledge associated with purposes: (1) providing information to databases like
such resources occurring within the territorial the Traditional Knowledge Digital Library (TKDL)
jurisdiction of the BMCs.18,19 Hence, for any and (2) improving the ‘bargaining power of the
fundamental action to protect the traditional communities’.
knowledge and biological resources, the PBRs will The bargaining power of the communities
have to be in place. The NBA provides a detailed will increase if they know the resources that
template for collecting information through PBRs, are under their control which would be useful in
which is available on its website. For instance, on deciding the benefit sharing strategy as well. If the
medicinal plants and wild plants of medicinal communities, who possess the categories of
importance, the information sought includes the traditional knowledge (including ethno-botanical
following: the plant variety, local name, scientific information), are vested with the right to control them
name, variety, habitat/landscape, source of physically their territories, it would help them to
seeds/plant, local availability status of the plant in the impose limitations on users of biological resources
past and present, uses, plant part used, associated TK, within their territories which is the crux of
other details such as use for market or own use, achieving such community based conservation.22
community/knowledge holders. This has been happening in a few places in India
Thus, people’s Biodiversity Register is expected where people have been effectively using the
to serve as a tool to (a) document, monitor20 provisions of the Scheduled Tribes and Other
and provide information for sustainable management Traditional Forest Dwellers (Recognition of Forest
of local biodiversity resources; (b) promote Rights) Act, 2006 to exercise control over resources
biodiversity-friendly development in the emerging in the form of community rights (e.g. Mendha-Lekha
process of decentralized management of natural village, Gadchiroli, Maharashtra). India has enough
resources; (c) establish claims of individuals and local of policy and legal instruments to actually
communities over knowledge of uses of biodiversity evolve effective community based conservation and
resources and to bring to them an equitable share of safeguarding of resources that can empower such
benefits flowing from the use of such knowledge and community based knowledge resources.
such resources; (d) create awareness about the Preparation of PBR, however, is a multidisciplinary
environment and biodiversity; and (e) to perpetuate task and involves huge financial and human
and promote the development of practical ecological resources. First and foremost, people need to be
278 J INTELLEC PROP RIGHTS, MAY 2013

sensitized to the need and the purpose of such a institutions, which rely mainly on the text books,
register. On the PBR exercise of documenting for instance, on identification of plants,
knowledge, Gadgil et al., note ‘a few tend to be toxicology, yoga and varmakkalai. Although
especially knowledgeable, perhaps five to six in a these are part of the syllabus, they are hardly
community of a few hundred to a few thousand taught in colleges. During the field work,
people. These are mostly men, mostly over 40, from the interaction with a traditional Siddha
suggesting an ongoing erosion of such knowledge as practitioner who has set up a college in Municirai
younger people become alienated from the natural (in Tamil Nadu, India), the author learnt that
world. Many of the specialists use their knowledge to this particular college brings in hereditary
earn a supplementary income, often as medicine men. practitioners with specific expertise to teach the
They are often apprehensive of misuse of their students. ‘The olaichuvadi constitute an important
knowledge; but many were supportive of a PBR kind part of the knowledge of traditional practitioners,
of exercise as a tool for preventing misuse’.21 but nowadays, they are scarcely used because rare
are the practitioners capable of reading and
Use of PBRs understanding them; they prepare medicines from
Citing evidences from different geographical formulas which were rewritten from manuscripts
locations of India, Gadgil et al. note that PBRs have a in notebooks by their parents.’ As PBR is not only
significant role in (1) providing authority to the an inventory of biodiversity but also of the
communities to regulate access to harvest bio-resources knowledge system associated with biological
in a sustainable manner; (2) promoting knowledge based diversity, information transcribed from palm leaf
sustainable management of agriculture, livestock, fish, scripts, will make the TKDL’s source of
forest and public health to improve the quality of life of information list on Siddha longer and help in
the communities; (3) creating opportunities to generate opposing patents based on SSM.
resources through collection fees for access to bio-
resources and knowledge; and (4) conserving and (2) In the case of benefit sharing that arises from the
increasing the value addition to the bio-resources of a use of TK, PBR will reveal, for instance,
region.21 In the context of some of the issues highlighted information as to how many practitioners in a
in Section 2, SSM would benefit in the following specific area would receive benefits in the
specific aspects, if efforts are taken at the earliest to commercial use of the knowledge. PBRs would
organize documentation of TK related to Siddha play an important role in material transfer
through the PBR. agreements when bio-resources of a region are
transferred outside the country. Importantly, in
Use of PBR Database in Estimating the Number of Siddha determining the economic value associated with a
Practitioners resource and knowledge, PBR would play a
Table 1 discussed earlier, gives an estimate of significant role.
number of traditional Siddha practitioners, of which a
(3) The other use of PBR is on understanding or
large percentage belonged to those practitioners, who
creating inventories of available different types of
had received training in the SSM in the traditional
natural resources such as herbs, medicinal plants
way. During field work by the author, a few of the
and animal resources that are used in the SSM.
practitioners opined that these figures had been
grossly under-estimated and there were many more (4) Controversies around patenting well known TKs
hereditary practitioners, who were not listed. Though relating to neem and turmeric resulted in making
there are associations for such kinds of practitioners, it mandatory on the part of the IPR applicant to
the list is incomplete. If a PBR is in place, it would disclose (a) the source of genetic resources and
provide information on the number of people with associated traditional knowledge; (b) the country
traditional medicinal knowledge in a particular providing genetic resources and associated
geographic location along with their area of traditional knowledge; (c) available documentary
specialization. This would serve many purposes: information regarding compliance with access
and benefit sharing requirements and information
(1) These traditional practitioners would be highly known to the applicant (following a specified
resourceful in imparting practical knowledge in level of effort for enquiry) regarding persons
 LALITHA: PROTECTING TRADITIONAL KNOWLEDGE IN SIDDHA SYSTEM OF MEDICINE 279

involved in the subject matter of the application (7) A PBR would also help in understanding the
and the country of origin of genetic resources and scientific reasons for adopting certain SSM
associated traditional knowledge.23 The disclosure practices and help in the process of validation.
requirements may be ‘useful in improving (8) Validated process could be continued and widely
substantive examinations and in assuring the adopted or even serve as a research tool.
integrity of determinations under traditional Importantly, such process can be scaled up for
intellectual property legal requirements, in wider use, through the adoption of modern
providing greater certainty as to the validity of biotechnology tools and, as mentioned earlier,
granted rights or privileges and in reducing the provide a base for cumulative innovations.
need for revocation of improperly granted
intellectual property.’24 However, since the Local Indigenous Efforts to Conserve TK
declaration of source biological material used in Traditional knowledge is subject to erosion
an invention is prescribed only under the Indian when less number of people learn, practice and access
patent law and many countries have not accepted it or the availability of the natural resources is
disclosure of origin requirements, there could be restricted or is extinct. While Tamil Nadu set up the
hurdles and legal quagmire where territories other Tamil Nadu Biodiversity Board in August 2012
than India are involved. (ref. 25), it has a long way to go in setting up the
Biodiversity Management Committees that will be
The amendments made to the Indian Patents Act, entrusted with the task of preparing the Peoples
1970 now require all the applications that have Biodiversity Register for the entire state. However,
used any natural resource to mention the source localized efforts by various non-governmental
and origin of the resource. Section 10 which deals organizations (NGOs) is already going on in several
with the content of the patent application parts of the country.
necessitates disclosure of the origin of biological Covenant Centre for Development (CCD) is one such
materials and Section 25 states that if there is no NGO operating in Madurai in Tamil Nadu which has
complete information about the biological made efforts towards conservation of medicinal plants
information or their geographical origin is and in preparing a local knowledge register. CCD has
wrongly mentioned then the patent can be formed a Medicinal Plants Conservation (MPC)
opposed before or after the grant of the patent. committee, which focuses on livelihood promotion of
The amendment made in 2002 to the Indian women using medicinal plants. Both in situ and ex situ
Patents Act of 1970 also stated that TK or preservation measures are underway by CCD.
aggregation or duplication of known properties of
traditionally known components cannot be Documentation of TK often becomes a challenge,
patented. The Protection of Plant Varieties and since the TK practitioners do not use their
Farmers’ Rights Act also necessitates the mention knowledge for monetary purposes and the knowledge
of the geographical origin of the plant resources is transmitted often orally, as a mantra (sacred hymn)
while seeking protection. to the other person. It is believed that if knowledge
is imparted to many who do not respect the
(5) A PBR providing information on various sacred values of the mantra, the efficacy of the
medicinal plants, their availability status and treatment is lost. Therefore, CCD reaches the elderly
quantity would help in prioritizing production for people, motivates them to part with their knowledge
a company, address the issues in quality and and assures that the knowledge shared by them is
non-availability through appropriate R&D not for commercialization, but for conservation
expenditure, to evaluate effect of alternative and sustained use.
resources.
CCD has developed two sets of documentation
(6) As Siddha is practised only in Tamil Nadu, on home remedies and medical practices. In the
creation of PBRs and making it available with first stage, CCD prepared a list of commonly
the formal training institutes would help in known/occurring diseases in that area in the local
wide dissemination of information about local language. Information was sought on the common
knowledge and local resources. indigenous practices followed to cure the illnesses
280 J INTELLEC PROP RIGHTS, MAY 2013

that were reported. Secondly, origin of medicine, use non-government organizations trained the village
of the plants, and preparation of the medicine and the resource persons (VRP) to record information. The
method of administering the medicine were listed. It purpose of the exercise was fully explained to the
was also learnt whether the community would be vaidhyas beforehand and they signed an informed
ready to part with the knowledge in return for consent document prior to the investigation. The
monetary compensation. VRPs assembled a list of 15 primary health problems
At the second stage, validation of the practices was of the region: each healer was then interviewed
done. In order to do this, workshops were conducted individually about each of the conditions and their
to understand the practices and identify those local remedies. Meanwhile, local Ayurvedic and
practices that needed to be encouraged and researched Siddha doctors verified the reports and conducted
and those which were wrong and needed to be their own correlating research and a botanist collected
discontinued. In the revalidation workshop certain and recorded the various herbs used by the healers.
health conditions were chosen and the name of the Only one vaidhya refused to participate, saying that
disease, symptoms and causes were discussed before revealing the secrets of his medicines would reduce
the community and practitioners from other ISM as their potency. The resulting trial register provided the
well as modern medicine practitioners. Where there local name for the disease condition, its description,
was divided opinion among practitioners, further causes and diagnostic features as understood by the
research was carried out. Totally wrong practices vaidhyas. The treatment provided was also recorded
were discouraged. By this methodology, CCD claims including the local names of the ingredients and the
to have validated 21 diseases in 6 places. This is details of its preparation and application. The list of
codified and documented as the IPR of that region. plants was indexed and attached to the register.
The printed versions in the form of books were given Comments from modern doctors on whether the
to the village head, Panchayat (local governing body) remedy was proven to be beneficial were added,
president and the district collector who declared it as which proved that of the 55 remedies analysed, all but
the IPR of that region. Though the book is open for one were effective.
consultation, if any of the practice is to be Indian Institute of Science and Foundation for
commercialized, benefit sharing has to be worked out. Revitalisation of Local Health Traditions (FRLHT) in
This project was started in 1999 and the book Bangalore have made efforts independently to create
was in place in 2001 even before the BDA, 2002 PBRs. Using the rapid assessment of local health
was formally adopted. The NGO disseminates traditions approach in a participatory manner,
the knowledge back to the community through a FRLHT has documented and validated ethno
publication called Poorvigam published in vernacular veterinary practices in Karnataka. This study
language and the NaattuVaidhya Convention examined 120 plant resources for 20 health conditions
held in May every year. Based on the evidence and found 70 per cent of the remedies had positive
the villagers are encouraged to grow a common evidence from various systems of medicine. Twelve
kitchen herbal garden. remedies have gone through the pilot clinical studies
In the Karantha Malai region, 9 colleges and the to be produced by local enterprises.27 Once the
CCD together have prepared a register identifying the products reach the commercial stage, it would be of
medicinal plants, birds and TK and submitted to the interest to understand the benefit sharing strategies
Panchayat. Similarly in Kolli Hills26, the Sustainable designed in this particular case. The last evidence
Life Trust has created a tribal health knowledge reiterates the fact that SSM could be the base for
register. Maintained by the community, this written cumulative innovations and a valid research tool.
resource would provide a way of tapping local
learning for the benefit of future generations and for Conclusion
the protection of the current populace. With a This paper discussed the status and issues
population of around 40,000, the region is known for surrounding Siddha medicine and the usefulness of
its traditional herbal medicines and local healers, and preparing a People’s Biodiversity Register in regions
the nattu vaidhyas (natural healers). Eighteen local where the concentration of Siddha practitioners is
healers participated in the survey documented by found. This database when prepared would be an IP
female village resource persons. Personnel from local registry of the region and have significant positive
 LALITHA: PROTECTING TRADITIONAL KNOWLEDGE IN SIDDHA SYSTEM OF MEDICINE 281

implications for the protection of traditional medicinal Challenges to Governance and Sustainable
knowledge. This is a very complex multi-disciplinary Development’ (jointly with Laurent Pordie) as part of
task extending from information collection stage to the project Democratic Transformation in Emerging
validation stage. The local governments will have to Countries: Comparisons between Latin America,
be appropriately sensitized at the very beginning Africa and Asia hosted by the French Institute of
about the issue. Substantial financial and training Pondicherry through the Transversal Programme of
resources are required for collecting such information. French Research Institutes during 2007-08.
Sensitization of the knowledge holders is another Discussions with Laurent and Brigette were very
important task and requires prior informed consent of helpful. My sincere thanks are also due to
the knowledge holders in preparing the Yogesh Gokhale for his comments on an earlier
documentation. While this may not be the most draft of this paper.
perfect solution to address the issue of protecting the
traditional Siddha medicine, PBR could be an ideal References
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board in protecting the resources and traditional 2 http://www.tnhealth.org/imcouncil.htm (10 December 2010).
3 Policy Note on Health and Family Welfare, 2005-2006,
knowledge. Documentary evidence of the availability
Government of Tamil Nadu, Health and Family Welfare
of resources is required in situations where such IP Department, 2005.
could already be present. Such evidence can also be 4 Post-graduate courses are offered in Gunapadam
put to use to realize the full potential of the IP. It (pharmacology), Maruthuvam (general medicine),
would play an important role in deciding patentability sirappumaruthuvam (special medicine), kuzhanthaimaruthuam
(paediatrics), noinadal (pathology) and nanjunoolum maruthuva
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Siddha medicine, but it could promote more research Associations: The Multifaceted Expression of Siddha
and be used as the basis on which further work would Medicine in Tamil Nadu, http://halshs.archives-
evolve. Validation could help in discarding incorrect ouvertes.fr/docs/00/40/86/77/PDF/institututionalisation_seba
stia.pdf (25 October 2012).
practices and popularizing the validated practices.
6 Report of the Drugs Enquiry Committee, Government of
There is a need to mainstream the mechanisms for India (Government of India Central Publication Branch,
dealing with public domain and private domain Calcutta), 1931.
knowledge disclosures. Also safeguarding of already 7 Personal interaction with faculty at Chennai, Municirai
disclosed information in terms of misuse beyond the (Kanyakumari district) and practitioners.
Siddha community needs a thoughtful approach. 8 In a sensational case in Tamil Nadu, the state police arrested
a few Siddha practitioners who were practicing allopathic
The efficacy of the Siddha medicine depends on medicine, declaring them as quacks. However the
genuine raw materials and appropriate method of Madras High Court citing a government order issued
production. One of the ways to ensure that the system by the Department of Health and Family Welfare said that
will continue to be followed is by protecting the the registered practitioners of Indian system of medicine
could practice allopathic medicine along with Indian system
traditional knowledge about the appropriate use of of medicine, http://www.hindu.com/2010/07/31/stories/
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10 Interaction with the management of the college at Municirai.
unaware of the raw materials has gained popularity.
11 Report of the Taskforce on Conservation and Sustainable use
The reason for the rising interest is that the modern of Medicinal Plants, Government of India, 2000,
medicine reaches the consumer after a clinical planningcommission.nic.in/aboutus/taskforce/tsk_medi.pdf
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workshop on Siddha Medicine: Historical, Social and
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Pondicherry, 23-24 August 2007.
Acknowledgement 13 TAMPCOL has signed a memorandum with the Council of
This paper is an outcome of a research by the Scientific and Industrial Research for various activities
author on ‘Institutionalising Indian Medicines: including screening of Siddha medicines for bio-activity.
282 J INTELLEC PROP RIGHTS, MAY 2013

14 Gupta Anil, Indigenous knowledge and innovations for 18 Gadgil M, Ecology is for the people: A methodology
managing resources, institutions and technologies manual for People’s Biodiversity Register,
sustainably: A case of agriculture, medicinal plants and http://www.nbaindia.org/pbr/archive.htm (25 November 2011).
biotechnology, Working Paper No 2007-07-09, Indian 19 As of December 2011, among the several states that have set
Institute of Management, Ahmedabad, 2007. up BMC, Karnataka ranks the highest with 3592 BMC,
15 In order to standardize the preparations in ayurveda and followed by 948 BMC in Kerala (www.nbindia.org).
also conduct shelf life studies, the government, has chosen 20 Even though the PBR is visualized as a mechanism for
10-15 laboratories all over and have given them a few monitoring, the iteration of the process has hardly been
products. These laboratories will have to produce products as thought about.
provided in the text following the ‘standard operating 21 Gadgil M et al., People’s Biodiversity Register - A record of
procedures’ and also provide the procedures for scaling up/ India’s wealth, Amruth (October, Special Supplement)
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to procure raw materials from standard places according to 22 Gehl Sampath, Defining an intellectual property right over
the standards set in the pharmacopoeia (sources from traditional medicinal knowledge - A process oriented
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16 Article 8j of the Biological Diversity Act states: ‘Each 23 Sengupta Nirmal, Economics of indigenous/traditional
contracting Party shall, as far as possible and as appropriate: knowledge about biodiversity in Biodiversity and Quality of
Subject to national legislation, respect, preserve and maintain Life, edited by Nirmal Sengupta and J Bandopadhyay
knowledge, innovations and practices of indigenous and local (Macmillan Indian Ltd, Delhi), 2005.
communities embodying traditional lifestyles relevant for the 24 Sarnoff J and Correa C M, Analysis of options for
conservation and sustainable use of biological diversity and implementing disclosure of origin requirements in intellect-
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involvement of the holders of such knowledge, innovations ditcted200514_en.pdf (4 December 2010).
and practices and encourage the equitable sharing of the 25 http://www.thehindu.com/todays-paper/tp-national/at-last-tamil-
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17 Though most of the states have notified the setting up Protects’ in Down to Earth, 15 April 2005.
of SBBs, they are yet to become fully operational. Even 27 Santhanakrishnan R et al., Documentation and participatory
Tamil Nadu has notified the setting up of the Tamil Nadu rapid assessment of ethno veterinary practices, Indian
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