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- R_S_Praveen_Raj abstract "R S Praveen Raj is an Indian social activist and ex-patent examiner. Born on 31 March 1979, he started his career as an electrical and electronics engineer. Since November 2004, he has been working as scientist and research and development manager in CSIR's National Institute for Interdisciplinary Science and Technology (NIIST) in Thiruvananthapuram and is responsible for intellectual property (IP) management, technology transfer and human resource management at the Institute. Prior to joining Council of Scientific and Industrial Research (CSIR), he worked as patent examiner in Indian Patent Office after a short stint in engineering job at Vikram Sarabhai Space Centre (VSSC) in Thiruvananthapuram.Praveen Raj campaigns against alleged misuse of intellectual property laws in religious affairs. In 2009, he filed a case in Kerala High Court against Attukal Temple in Thiruvananthapuram for trademarking deity picture and another case in Supreme Court of India against Tirupati Temple for securing geographical indication tag to Tirupati Laddu, temple offering. Raj is also active in policy research and academic activities. He played a key role in devising IPR Policy of Kerala Government, which addresses the concerns on traditional knowledge protection. He was also associated in the process of making IPR compulsory in the curriculum of University/School Education in Kerala and setting up of educational institutions. He is also a proponent of right to information (RTI) in India.Traditional Knowledge Docketing System (TKDS) for protecting rights of indigenous communitiesTraditional knowledge refers to the knowledge, innovations and practices of indigenous and local communities, developed from experience gained over the centuries and adapted to the local culture and environment. Traditional knowledge is mainly of a practical nature, particularly in such fields as agriculture, fisheries, health, horticulture forestry etc. and it is transmitted orally from generation to generation. It tends to be collectively owned and takes the form of stories, songs, folklore, proverbs, cultural values, beliefs, rituals, community laws, local language, and agricultural practices, including the development of plant species and animal breeds. Protection of Traditional Knowledge (TK) has been a challenging issue for many decades owing to its dynamic nature, lack of definition for TK and its completeness, difficulty in establishing ownership and Geographical origin of TK and the conflicts between various protection schemes being formulated around the world.Indigenous communities and traditional knowledge practitioners all over the world are very much concerned about the increased biopiracy and private appropriation of TK through its patenting. One of the solutions formulated by India for addressing biopiracy was Traditional Knowledge Digital Library, which claims to preempt the grant of patents relating to India’s TK in foreign jurisdictions. Traditional Knowledge Digital Library (TKDL) contains approximately 2,08,000 formulations based on Ayurveda, Unani, Siddha and Yoga and is prepared based on the logic that documentation of Traditional Knowledge is necessary to prevent its patenting. TK should not be allowed to get patented, since it is existing knowledge and not inventions. TK Digital Libraries are of course the best defensive mechanism in respect of prevention of patenting of TK already written down in ancient texts and manuscripts, though it leaves the scope for private appropriation of TK by making cosmetic improvements on it. India has signed access agreements with the European Patent Office and US Patents and Trademark Office on the premise that the database shall be used for search and examination only. Of late, there are also attempts to create digital libraries of community-held TK, which is not yet written down anywhere.According to R S Praveen Raj any attempt to codify community-held TK in the form of Traditional Knowledge Digital Libraries (TKDL) using “Prior Informed Consent” and “Access and Benefit Sharing” concepts would be a gross injustice to those communities if the knowledge was shared with patent offices or even with researchers, as it would affect the livelihoods of Traditional Knowledge practitioners. He also cautions against classifying Traditional Knowledge under Intellectual Property Rights (IPR) and creation of statutory registrable rights on TK. Instead, he proposes the creation of a Traditional Knowledge Docketing System (TKDS) to indicate the location at which the knowledge is available, the community that possesses the traditional knowledge, a short description of the nature of TK and community protocol, if any. He argues that the indigenous communities should be educated and empowered to protect their TK through existing legal mechanisms or take patents on the innovations made by them on the TK (if they feel so) and to negotiate with the potential customers by forming societies or trusts of their own. There is no bar for patenting inventions, though it may be based on TK. Section 3(p) of Indian Patents Act, 1970 only prevents patenting of “traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components” and not patenting of any inventions based on TK.R S Praveen Raj strongly opposes the government policy of maintaining TKDL secret from Indian researchers, while sharing it as a ‘prior art’ with foreign Patent Offices. According to him, secrecy cannot be maintained on something that is classified as ‘prior art’. 'Prior art' is meant to encompass everything that has been published, presented or otherwise disclosed to public on the date of patent and includes documents in foreign languages disclosed in any format in any country. Obviously, confidentiality cannot be maintained on something which is treated as prior art. When a patent office denies patent to someone mentioning it as TK, they are obliged to disclose the entire gamut of TK associated with the invention as prior art citation to the applicant. This encourages persons to undertake a fishing expedition whereby they “file patent applications purely on conceptual grounds (as if they had performed the invention), only to see that they could fetch the authentic information on a TK practice/product[They could then employ such information for their own commercial use, thereby affecting the livelihood of TK practitioners. Therefore this closed access policy actually enhances biopiracy as it is impossible for the patent offices to maintain secrecy of TK. R.S. Praveen Raj insists that TK Digital Libraries are to be created only on TK already known to a lager cross-section of people and the same should be made accessible to researchers. He points out Curcumin Resource Database CRDB), an open source TK database as a good example for strategy to prevent patenting of TK.R S Praveen Raj further opines that no private appropriation should be allowed in the realm of Traditional Knowledge, since private exclusive rights are operating like monopoly in practice. According to him, patents create private spaces in the knowledge arena (though for a short duration) and therefore TKDS and 'In situ’ perpetual protection of TK and its sustainable development shall be the appropriate strategy. Since TK is not definitive in terms of its geographical origin, completeness and custodians, the ownership should be attributed to the State only. Given the fact that TK is an accumulated traditional wealth and the long kept preserve of its practitioners, tribal communities and families could be deemed as “trustees” of the State. R S Praveen Raj cites IPR Policy of Kerala, 2008 as a good model for nuanced approach to protect Traditional Knowledge. According to IPR Policy of Kerala, 2008, the ownership of TK is attributed to the State with the TK practitioners and communities becoming deemed trustees of the State with respect to TK. While such deemed trustees have deemed rights over the TK, they are also deemed to be holding those rights under a ‘Commons License’, whereby the use by third parties of the TK in their possession is permitted for non-commercial purposes. Any developments made by the use of TK obtained under this license is added to the ‘Knowledge Commons’. The TK practitioners enjoy an autonomous right to employ the TK for commercial purposes. However, they cannot sub-license the TK for commercial use and any such license has to be made by the State. While the TKDL system ran the risk of TK being used for commercial purposes without obtaining any such license from the State, the TKDS by narrowing the information available safeguards against that risk. Therefore, it ensures that use of TK by non-TK practitioners is either in accordance with the Commons License terms or by obtaining a license for commercial use from the State.".
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- R_S_Praveen_Raj wikiPageWikiLinkText "R S Praveen Raj".
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- R_S_Praveen_Raj comment "R S Praveen Raj is an Indian social activist and ex-patent examiner. Born on 31 March 1979, he started his career as an electrical and electronics engineer. Since November 2004, he has been working as scientist and research and development manager in CSIR's National Institute for Interdisciplinary Science and Technology (NIIST) in Thiruvananthapuram and is responsible for intellectual property (IP) management, technology transfer and human resource management at the Institute.".
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- R_S_Praveen_Raj name "R. S. Praveen Raj".
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