This document discusses traditional knowledge protection and provides examples of biopiracy cases involving neem, turmeric, and other plants from India. It describes how traditional knowledge from India regarding the medical properties of plants like neem and turmeric was patented in other countries. For example, the US Patent and Trademark Office granted a patent for wound healing properties of turmeric, despite it being used traditionally in India for thousands of years. Both these patents were later revoked after India provided evidence of prior art. The document advocates for protecting traditional knowledge from misappropriation and promoting its sustainable use.
Protecting Traditional Knowledge In IndiaIntepat IP
Traditional knowledge is the knowledge system possessed by various communities across the globe. Such knowledge has been accumulated over the years and has been used and passed down through several generations. It is usually with respect to the natural surroundings of the community and includes agricultural knowledge such as manner of cultivation, environmental knowledge and knowledge of natural medicines.
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
Protecting Traditional Knowledge In IndiaIntepat IP
Traditional knowledge is the knowledge system possessed by various communities across the globe. Such knowledge has been accumulated over the years and has been used and passed down through several generations. It is usually with respect to the natural surroundings of the community and includes agricultural knowledge such as manner of cultivation, environmental knowledge and knowledge of natural medicines.
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
anything novel created by virtue of your intellectual power can be patented, which will be useful for mankind. this ppt. presents the property which can be patented and how to be patented .
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
Filing a Patent application is the first step towards protecting an invention. This presentation details in brief on how and where to file a patent application along with the other documentary and statutory requirements.
Traditional knowledge definition, scope and importance, Protection, character...Dr. Suri Babu Golla
Traditional knowledge definition, scope and importance for Engineering students common for all branches (R-19) Protection of Traditional Knowledge characteristics of Traditional Knowledge nature and types of traditional knowledge
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
anything novel created by virtue of your intellectual power can be patented, which will be useful for mankind. this ppt. presents the property which can be patented and how to be patented .
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
Filing a Patent application is the first step towards protecting an invention. This presentation details in brief on how and where to file a patent application along with the other documentary and statutory requirements.
Traditional knowledge definition, scope and importance, Protection, character...Dr. Suri Babu Golla
Traditional knowledge definition, scope and importance for Engineering students common for all branches (R-19) Protection of Traditional Knowledge characteristics of Traditional Knowledge nature and types of traditional knowledge
The above presentation is a step to simplify the concept of Trademark in India.It also focuses on the process of registration under the Trademarks Act 1999.
The presentation simplifies the steps involved and makes it easier to understand the same.
Note:-The following presentation is a general writing containing contents derived from basic knowledge and relevant books and articles.Also it is the original work of the writer.
Table of Contents
General Agreement on Tariffs and Trade 3
First Phase : 5
Second Phase : 5
Third Phase : 5
OBJECTIVES OF GATT : 5
OBJECTIVES OF GATT : 5
FUNDAMENTAL PRINCIPLES OF GATT : 5
OTHER FUNCTIONS OF GATT : 5
OTHER FUNCTIONS OF GATT : 5
Did GATT succeed? : 6
Slide 20: 6
Slide 21: 6
Slide 22: 6
Slide 23: 6
Slide 24: 6
Difference between GATT & WTO 7
This ppt is all about the world trade organization, Its Role, its existence and all its functions, It also includes the structure of WTO.So kindly go through it and comment below how u liked it.
Patenting aspects of traditional knowledge and natural products(curcuma & neem)Mohammad Khalid
Patenting aspects of Traditional Knowledge and Natural Products. Case study of Curcuma
& Neem.
Introduction
Meaning Of Traditional Knowledge
Patents And Traditional Knowledge In India
Traditional Knowledge In Danger
Turmeric Patent
Neem Patent
WHAT INDIA NEEDS TO DO?
This encapsulates a case of biopatent infringement. This also mentions the case of traditional knowledge infringement. This is considered a serious offence.
It mentions how India won the case.
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Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Intellectual property rights(I.P.R.) and traditional knowledge protection of India ppt
1. Traditional knowledge
protection
Name of students-
• Kritika Hanamshet (MTI-09018)
• Abinash Sahoo (MTI-09036)
• Abhishek A.P. Singh (MTI-09042)
• Clyde Vincent (MTI-09044)
• Priyanka Yadav (MTI-09048)
Dr. D. Y. Patil University of Biotechnology And Bioinformatics,
C.B.D. Belapur, Navi Mumbai, India.
2. Definition: tradition-based literary, artistic, or scientific
works; performances; inventions; scientific discoveries;
designs; marks, names, and symbols; undisclosed
information; and all other tradition-based innovations
and creations resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.
Traditional knowledge
3. Yoga
Application of turmeric, neem, Jamun,
karela etc.
guanyin cao
examples
4. Defensive protection aims to stop people outside the community from acquiring
intellectual property rights over traditional knowledge. India, for example, has
compiled a searchable database of traditional medicine that can be used as
evidence of prior art by patent examiners when assessing patent applications.
This followed a well-known case in which the US Patent and Trademark Office
granted a patent (later revoked) for the use of turmeric to treat wounds, a
property well known to traditional communities in India and documented in
ancient Sanskrit texts
Positive protection is the granting of rights that empower communities to
promote their traditional knowledge, control its uses and benefit from its
commercial exploitation. Some uses of traditional knowledge can be protected
through the existing intellectual property system, and a number of countries have
also developed specific legislation. However, any specific protection afforded
under national law may not hold for other countries, one reason why many
indigenous and local communities as well as governments are pressing for an
international legal instrument.
Two types
5. India‟s TKDL, a collaborative project between the Council of
Scientific and Industrial Research (CSIR), and the Department of
AYUSH, is a home-grown effort to ensure patent offices around
the world do not grant patents for applications founded on India‟s
wealth of age-old TK.
Cases on wound healing properties of turmeric, and the antifungal
properties of neem acted as stimulants for the formation of TKDL.
Origin
6.
7. So in June 1999: Recognition of need of creation of
Traditional Knowledge (TK) data bases and need of support
to developing countries by Standing Committee on
Information Technology (SCIT) of World Intellectual
Property Organization (WIPO).
January, 2001: Cabinet Committee of Economic Affairs
(CCEA's) approval on TKDL Project
8. Neem tree (Azadirachta indica), the tree of miracles.
Ayurvedic literature -„Neem bark is cool, bitter, acrid and refrigerant
Attractive broad-leaved, evergreen, up to 30m tall.Trunk is 30-80 cm in diameter.
Essential oils, fatty acids, amino acids and chemicals such as nimbin, nimbinin and
nimbidin.
Seeds ,leaves oil, bark , roots have medicinal properties.
Tiredness, cough, fever, loss of appetite,
worm infestation, vomiting, skin diseases
and diabetes.
Originates from the Indian subcontinent and
now grows in the dry regions of
more than 50 tropical countries.
9. Used for centuries by local communities in agriculture as an insect and pest
repellent, in human and veterinary medicine, toiletries and cosmetics.
Since the 1980s, many neem related process and products have been patented in
Japan, USA and European countries.
USA (54) , Japan (35), Australia (23), India (14). In India more than 53 patent
applications are pending.
The India and United States were involved in a biopiracy dispute.
In 1994, European Patent Office (EPO) granted a patent (EPO patent No.436257) to the
US Corporation W.R. Grace Company and US Department of Agriculture.
Neem-based bio-pesticides Neemix, for use on food crops
Granting of a patent to a neem-based crop fungicide by the
European Patent Office (EPO).
In 2000 EPO revoked patent following an appeal by India.
10. Vandana Shiva of the Research Foundation for Science, Technology and
Ecology(RFSTE) said "It was pure and simple piracy. The oil from neem has been
used traditionally by farmers to prevent fungus. It was neither a novel idea nor was it
invented“.
It got support of the International Federation of Organic Agriculture Movements
(IFOAM) and green euro-deputies.
The backbone of the Indian argument, presented before the EPO by Professor U P
Singh, an agricultural scientist at the Benaras Hindu University, was that the fungicidal
qualities of the neem tree - a traditional plant known for its medicinal properties -- and
its use has been known in India for over 2,000 years.
EPO agreed that the process for which the patent had been granted had actually been in
use in India for many years.
Calling the EPO decision an historic one, Shiva said: "Patenting is one of the ways
through which traditional users can be threatened. The free tree will stay free.
11. A tropical herb grown in East India. powdered product made from the rhizomes of its
flowers has several popular uses worldwide.
Turmeric powder has a distinctive deep yellow color and bitter taste.
Used as a dye, a cooking ingredient, and a litmus in a chemical test, and has medicinal
uses.
In the mid-1990s, turmeric became the subject of a patent dispute.
A U.S. patent (no.5, 401,504) on turmeric was awarded to the
University of Mississippi Medical Center in 1995, specifically
for the "use of turmeric in wound healing."
Two years later, a complaint was filed by India's
Council of Scientific and Industrial Research(CSIR).
12. In India, where turmeric has been used medicinally for thousands of years, concerns
grew about the economically and socially damaging impact of this legal biopiracy.
CSIR argued that turmeric has been used for thousands of years for healing wounds and
rashes and therefore its medicinal use was not a novel invention.
Their claim was supported by documentary evidence of traditional knowledge,
including ancient Sanskrit text and a paper published in 1953 in the Journal of the
Indian Medical Association.
United States Patent and Trademark Office (US PTO) investigated the validity of this
patent.
In 1997, despite an appeal by the patent holders, the US PTO upheld the CSIR
objections and cancelled the patent.
The turmeric case was a landmark judgment case as it was for the first time that a patent
based on the traditional knowledge of a developing country was successfully
challenged.
13. Case study – Patent issue Jamun
, Brinjal, and karela
The use of „karela‟, „jamun‟ and brinjal for control of diabetes is
common knowledge and everyday practice in India. The use of these
substances in the treatment of diabetes dates back many centuries in
India and is mentioned in several ancient texts on healing such as
“Wealth of India”', the “Compendium of Indian Medicinal Plants” and
the “Treatise on Indian Medicinal Plants”.
14. A patent number 5,900,240 was granted recently to Cromak
Research Inc based in New Jersey to a team comprising two non-
resident Indian scientists Onkar S Tomer and Kripanath Borah, and
their colleague Peter Glomski. The American patent was granted on
an edible composition comprising a mixture of at least two herbs
selected from the group consisting of jamun, bitter gourd or bitter
melon (Karela), and eggplant (brinjal) .
The herbal mixtures have been cited as dietary supplements and are
claimed to be especially useful for lowering the glucose level in
blood among those suffering from diabetes.
15. The patent was challenged on the ground of prior art.
However, Article 102 of the U.S. Patent Law, which defines prior
art, does not recognise technologies and methods in use in other
countries as prior art. If knowledge is new for the U.S., it is
novel, even if it is part of an ancient tradition of other cultures
and countries.. Because of this, the Jamun could be patented in
the USA. But it does created hue and cry in India for such a
patent as it was considered to be a biopiracy i.e. theft of Indian
TK.
16. CONCLUSION
•Globalization have caused misuse of traditional knowledge for monopolistic
rights and the ultimate profit from its sales.
•So there is a strict need of awareness for the traditional procedures and
knowledge.
•Documentation activities undertaken by developing countries like India are
worth recognition.
•Therefore the protection, conservation and preservation of the traditional
knowledge and its practice and culture should be of major concern.
•In order to prevent the misuse by unauthorized parties of traditional
knowledge and promotion of its use and its importance in development.