The Madras High Court dismissed an appeal challenging the rejection of a patent for an eco-friendly lamp made from panchagavya and traditional herbal leaves. The court upheld the decision, citing traditional knowledge and lack of inventive step. Continue Reading Cow dung lamp from Traditional Knowledge fails to light up patentability standards
The WIPO Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge aims to enhance patent system efficiency and transparency regarding genetic resources and traditional knowledge. Continue Reading Note on the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
On 10th December, 2021, the Delhi High Court issued a public notice containing the finalized rules of procedure for its Intellectual Property Rights Division, in exercise of its powers under the Delhi High Court Act, 1966, the Code of Civil Procedure, 1908, and various intellectual property statutes.
The Delhi High Court had published the draft of the 'Delhi High Court Intellectual Property Rights Division Rules, 2021' on 8 October 2021, inviting comments/suggestions from the Bar and other stakeholders from the IP…
This post was first published on 8th November, 2014.
Most places in the world, where traditional knowledge and folklore exist, face the challenge of multiculturalism and cultural diversity because they have both indigenous and immigrant communities. A balance has to be struck between the protection and preservation of cultural experience and traditional. Efficient cultural policies are required to meet the above challenges and free exchange of cultural experiences is required to make policies for effective protection of the same.
A further…
This post was first published on 22nd March, 2012.
We are all aware that what is already existing in the public domain falls outside the scope of patentability. This is because it is already known and hence the aspect of novelty, which is the primary requirement to qualify for a patent is absent. Moreover, what is already there in the public domain cannot be taken back, because patents grant exclusivity to the inventor. Patenting of traditional knowledge is nothing new, and…
The Earth’s biological resources are vital to humanity’s economic and social development, as well as for the maintenance of ecosystem health. Countries have long recognized that species, ecosystems, and biological diversity are of tremendous value to present and future generations. At the same time, the threat to species and ecosystems has never been greater. Species extinction caused by human activities continues at an alarming rate. For these reasons, countries have adopted a range of international treaties to protect species, habitats,…
In my earlier post, I spoke about the legal framework for access of information and data to persons with blindness and other disabilities from the copyright and disabilities statute perspectives. In the article, I pointed out that access has been placed at less than one (1) percent and that the proportion of access is diminishing as the universe of information is expanding at a rapid rate. Sources and forms of information are changing so fast that that accessibility is finding…
First Publication Date: 28th October 2010.
Misuse of traditional knowledge and measures to prevent the same have been attracting attention since the turmeric patent controversy. After successfully revoking turmeric patent claims that formed part of traditional knowledge, the Indian government has taken numerous initiatives ranging from legislative and policy changes to documentation and creation of a library of information (TKDL). With the press and media joining the effort, the awareness with respect to rights of traditional knowledge holders , actions…
First Publication Date: 24th June 2010.
A patent was granted to CSIR with respect to a composition useful for protecting and/or repairing DNA from oxidative damages. The value of cow's urine has been emphasized in ancient Indian texts including the rig veda. Cow's urine is known to not only have medicinal value but is also used to purify ayurvedic medicines. The patent granted to CSIR claims a composition for preventing and repairing damage to DNA due to oxidation. The patent…
First Publication Date: 27th January 2010
A Round Table conference on Protection of Traditional knowledge was concluded recently (January 25-26, 2010) at National Law School of India University, Bangalore. The two day conference was held for the deliberations on the Sui-Generis Model developed for the Protection of Traditional Knowledge / Traditional Cultural Expression. One of the highlights of the discussion was The Traditional Knowledge (Protection and Regulation to Access) bill 2009 (Hereinafter called as “Bill”) drafted by NLSIU, Bangalore. To leave…