Patents

Draft Patents (Amendment), Rules, 2023

The Ministry of Commerce and Industry, under the Department for Promotion of Industry and Internal Trade, has introduced draft amendments to the Patents Rules, 2003. These drafts detail various changes proposed by the Central Government, anchored on section 159 of the Patents Act, 1970. The government seeks to amend the …

Back where it belongs

it was a long bitter fight. But for India, it ended on a promising note. Consistent campaigning by non-governmental organi-sations ( ngo s) in both India and abroad forced the revocation of a patent granted jointly to the us Department of Agriculture ( usda ) and the us chemical major …

Cry neem

After a six-year-long battle India has finally managed to see a patent application filed for an extract of the neem tree be rejected in a European court. The decision by the European Patent Office invalidated a patent granted jointly to the us department of agriculture ( usda ) and the …

Basmati patent

the Central government has decided to file a petition in the us court challenging the patent for basmati rice granted to a company there that exports it to different countries. The court was hearing a writ petition filed by the Research Foundation for Science against the Union ministry of agriculture. …

An unsavoury brawl

it is a war over the palate. And it threatens to arouse the ill-concealed rancour between South Korea and Japan. The bone of contention is 'kimchi' - South Korea's national dish. A hot blend of garlic, spices and fermented vegetables, kimchi was a speciality exclusive to South Koreans until 1988, …

PATENT TROUBLES

Tired of government apathy towards patenting of knowledge indigenous to the people of India by individuals and groups in foreign lands, a petitioner has moved the Supreme Court. Earlier, neem, amla, mustard, castor, turmeric and basmati were patented by foreign companies. Now it is the turn of the karela (bitter-gourd), …

Self help is best help

British casino waitress Donna MaClean is taking no chances. In today's harsh world, this 31-year-old woman has taken perhaps a most pragmatic decision: to patent herself specially so that she can protect herself from "genetic exploitation." A spokesperson at the Patent Office confirmed MaClean's application: "We have received a patent …

Profit at any cost

It is an issue that affects millions of consumers in the US . At stake are the interests of the pharmaceutical companies, insurance companies and the government. For years, the pharmaceutical industry was profiting from a friendly government and non-powerful consumer organisations. Not anymore. Now, protests are beginning to be …

Beware of Policymakers

extinction is a nasty word one normally associates with lumbering gigantic lizards, huge prehistoric insects, dragon flies the size of a fighter plane or the Dodo. While humans had no say in the death of the dinosaur, they definitely played a major role in the death of the Dodo. Today …

Making a case

The Union government has introduced a clause in the amended Patents Bill that gives oral traditions the status of documented knowledge. The Bill does not allow any foreign company to seek a patent on India's traditional practices in the area of medicine or any knowledge-based activity. This move has been …

A North South conflict

biotechnology and bioresources are two issues that have been in conflict for a while. Biotechnology, proposed as "the technology of the next century', has its proponents in the developed countries and users in developing countries. But with companies in the North taking the bioresources from the South, patenting them and …

Patents Case

The Bombay high court recently adjourned for final disposal, the hearing in a case pertaining to the Patents Rules, 1972. The Indian Drug Manufacturers' Association (idma) had in July this year challenged the amendments to these rules, though the government has said that changes in the rules were necessary for …

Patent fears

PATENT rights from local communities, the Karnataka government has reportedly restrained some scientists from documenting biodiversity and indigenous assets of the people. The government is of the view that if the locals became aware of the commercial value of their produce they would go for patents and hence the restraint. …

EC backs India

condemning what it described as the phenomenon of "biocolonialism' in the context of gene patents , the European Council has supported India's stance against piracy of its natural patents. Quite obviously, the criticism was directed at a number of industrialised countries, particularly the us , where producers have already started …

Patent challenged

Eli Lilly and Company, manufacturer of the anti-depressant Prozac, is challenging Pfizer Inc, uk' s patents related to Viagra to clear the way for its own entry in the market. Derek Anthony, a spokesperson for Lilly, said his company was fighting a patent that Pfizer had on Viagra-like substances, used …

Are we ready to hand over on our life forms?

Mashelkar: Traditional patent systems dealt with industrial products. There has now been a sudden shift from inanimate objects to animate ones like humans and plants. The issue has assumed importance all of a sudden because multinational pharmaceutical companies began picking up leads and developing new products without giving any credit …

Patents act

The Delhi high court has sought a reply from the Union government on a petition challenging a provision in the Patents Rule, 1972. The petition, relates to processing of international applications in the country under a single window system through the Patent head office in Calcutta. A division bench comprising …

In steaming hot curry

Steaming hot curry. Mouth watering. Hot and spicy. It gives your tongue that tingling feeling. The British conquered India, but curry conquered the British empire. Now it is being patented in Japan. What will the Japanese do with curry? The very idea of trying to fight the patent is laughable. …

PATENTS ACT

The constitutional validity of the Patents (Amendment) Act, 1999, was recently challenged in the Supreme Court by a public interest petition. The petition alleged that the act was against public interest, public health and national interest. A bench, headed by Chief Justice A S Anand, referred the petition to the …

PATENTS ACT

The Indian Drug Manufacturers' Association (idma) has moved the Bombay High Court challenging various issues laid down in the amendments to the 1972 Patent Rules. The government had, in early June, notified the amendments to the Patent Rules following the enactment of the Patents (Amendment) Act, 1999. The petition, it …

New Jersey based company get patent rights on karela, brinjal

Cromak Research Inc, a New Jersey-based company, has been granted patents for derivatives of karela (bitter gourd), jamun (syzygium cumini ) and brinjal. The company is owned by non-resident Indians. Patent number 5900240 was given for anti-diabetic properties, despite their use being mentioned in several ancient Indian texts. R A …

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