scholarly journals India’s Traditional Knowledge Digital Library and the Politics of Patent Classifications

2021 ◽  
Author(s):  
Martin Fredriksson
Keyword(s):  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Digital Library ◽  
Medical Knowledge ◽  
Patent Law ◽  
Critical Research ◽  
Formal Knowledge ◽  
Patent Classification ◽  
International Patent ◽  
The One

AbstractThis article analyzes India’s Traditional Knowledge Digital Library (TKDL) as a potential intervention in the administration of patent law. The TKDL is a database including a vast body of traditional medical knowledge from India, aiming to prevent the patenting and misappropriation of that knowledge. This article contextualizes the TKDL in relation to documentation theory as well as to existing research on the uses of databases to protect traditional knowledge. It explores the TKDL’s potential consequences for India’s traditional medical knowledge and the wider implications that traditional knowledge databases can have for the safeguarding of traditional knowledge in general. The article concludes that on the one hand the TKDL bridges the gap between the main branches of Indian traditional medicine and the formal knowledge system of International Patent Classifications. Furthermore, it has also inspired revisions of the International Patent Classification system, which makes it better adapted to incorporate traditional medical knowledge. On the other hand, critical research on traditional knowledge documentation argues that traditional knowledge databases, like the TKDL, can decontextualize the knowledge they catalogue and dispossess its original owners. The TKDL, however, also fits into a national, Indian agenda of documenting and modernizing traditional medicine that predates the formation of the TKDL by several decades and challenges the dichotomy between traditional and scientific knowledge systems that originally motivated the formation of the TKDL.

scholarly journals Pelindungan Hak Paten atas Pengetahuan Obat Tradisional Melalui Pasal 26 UU No. 13 Tahun 2016 tentang Paten (Protection of Patent Rights on Traditional Medicine Knowledge Through Article 26 of Law No. 13 of 2016 Concerning Patents)

2019 ◽  
Vol 10 (1) ◽  
pp. 49-65
Author(s):  
Trias Palupi Kurnianingrum
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Trips Agreement ◽  
Patent Law ◽  
Benefit Sharing ◽  
Traditional Medicines ◽  
Patent Rights

Patent as a branch of Intellectual Property Rights (IPR) serves to protect inventions on the field of technology, one of them being medicine. The rise on the number of cases on the theft of genetic resources and traditional knowledge on the field of medicine for commercialization purposes shows that the protection of patent rights on traditional medicine knowledge is still not optimal. This article is the result of a normative juridical research which is supported by an empirical data, examines the protection of patent rights on traditional medicine knowledge and the implementation of Article 26 of Law No. 13 of 2016 on Patents (Patent Law year 2016). In the research results, it was mentioned that even though the TRIPs Agreement did not accommodate the traditional knowledge, the presence of Patent Law year 2016 complemented the Indonesian government's efforts to save the knowledge of traditional medicines from biopiracy and misappropriation. It is necessary to regulate the disclosure obligation in TRIPs agreement and further mechanism regarding benefit sharing and granting access to traditional medicines knowledge. AbstrakPaten merupakan salah satu cabang Hak Kekayaan Intelektual yang berfungsi untuk melindungi invensi di bidang teknologi, salah satunya obat-obatan. Maraknya kasus pencurian sumber daya genetik dan pengetahuan tradisional di bidang obat-obatan untuk tujuan komersialisasi menunjukkan bahwa pelindungan hak paten atas pengetahuan obat tradisional masih belum maksimal. Artikel ini merupakan hasil penelitian yuridis normatif yang didukung dengan data empiris, membahas mengenai pelindungan hak paten atas pengetahuan obat tradisional dan implementasi Pasal 26 Undang-Undang Nomor 13 Tahun 2016 tentang Paten (UU Paten 2016). Di dalam hasil penelitian, disebutkan meskipun Perjanjian Trade-Related Aspects of Intellectual Property Rights (TRIPs) belum mengakomodasi pengetahuan tradisional namun hadirnya UU Paten 2016 melengkapi usaha pemerintah Indonesia dalam menyelamatkan pengetahuan obat tradisional dari biopiracy dan misappropriation. Perlu pengaturan kewajiban disclosure di dalam Perjanjian TRIPs dan mekanisme lebih lanjut mengenai benefit sharing dan pemberian akses atas pengetahuan obat tradisional.

scholarly journals Science Inside Law: The Making of a New Patent Class in the International Patent Classification

2012 ◽  
Vol 25 (4) ◽  
pp. 551-594 ◽  
Author(s):  
Hyo Yoon Kang
Keyword(s):  
Social Contexts ◽  
Patent Law ◽  
The Novel ◽  
International Patent Classification ◽  
Patent Classification ◽  
Legal Perspective ◽  
International Patent ◽  
Patent Documents ◽  
Patentable Invention ◽  
Legal Understanding

ArgumentRecent studies of patents have argued that the very materiality and techniques of legal media, such as the written patent document, are vital for the legal construction of a patentable invention. Developing the centrality placed on patent documents further, it becomes important to understand how these documents are ordered and mobilized. Patent classification answers the necessity of making the virtual nature of textual claims practicable by linking written inscription to bureaucracy. Here, the epistemological organization of documents overlaps with the grid of patent administration. How are scientific inventions represented in such a process? If we examine the process of creating a new patent category within the International Patent Classification (IPC), it becomes clear that disagreements about the substance of the novel inventive subject matter have been resolved by computer simulations of patent documents in draft classifications. The practical needs of patent examiners were the most important concerns in the making of a new category. Such a lack of epistemological mediation between the scientific and legal identities of an invention depicts a legal understanding that science is already inside patent law. From an internal legal perspective, the self-referential introduction of the new patent category may make practical sense; however it becomes problematic from a technological and scientific standpoint as the remit of the patent classification also affects other social contexts and practices.

scholarly journals The Patentability of Maori Traditional Medicine and the Morality Exclusion in the Patents Act 1953

2001 ◽  
Vol 32 (1) ◽  
pp. 255 ◽  
Author(s):  
Susan Young
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Traditional Medicine ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Biological Diversity ◽  
Patent Law ◽  
Convention On Biological Diversity ◽  
International Obligations

Many indigenous peoples, including Maori, are offended by third parties 'appropriating' their traditional knowledge by means of intellectual property rights, such as patents. The author first surveys international debate about indigenous intellectual property rights in connection with the patenting of traditional indigenous medicine. The author examines the role of morality in New Zealand patent law and how this fits in with New Zealand's international obligations under the World Trade Organisation's TRIPs agreement and the Convention on Biological Diversity. The author examines whether the patenting of Maori traditional medicine can be prevented under the morality exclusion in the Patents Act 1953 and outlines five arguments which might be used to justify various levels of intervention in the patenting process in order to protect Maori control over their traditional knowledge.

scholarly journals Traditional Knowledge and Patent Protection: Conflicting Views On International Patent Standards

2017 ◽  
Vol 13 (4) ◽  
pp. 93 ◽  
Author(s):  
Adam Andrzejewski
Keyword(s):  
Traditional Knowledge ◽  
Patent Protection ◽  
Plant Genetic Resources ◽  
Patent Law ◽  
International Standards ◽  
International Patent ◽  
Patent Laws ◽  
Protection Systems ◽  
National Patent ◽  
And Control

As diseases continue to spread around the globe, pharmaceutical and biotech companies continue to search for new and better drugs to treat them. Most of these companies have realised that useful compounds for these purposes may be found in the natural resources that indigenous and local communities use. And yet, even though the importance of these biological resources to global health and economic livelihood is well recognised, the legal ownership and control of this traditional knowledge is still very controversial. This article undertakes a comparative analysis of American and European, as well as international legal regulations on patent law and traditional knowledge. Key questions include: What is traditional knowledge? How have the national patent laws of these countries treated the protection of plant variety and plant genetic resources? What are the existing international standards for patents, and what implications do they have for protecting traditional knowledge? And finally, what protection systems are emerging for the future?

scholarly journals Technological Advances to Reduce Apis mellifera Mortality: A Bibliometric Analysis

2021 ◽  
Vol 13 (15) ◽  
pp. 8305
Author(s):  
Cristiano Ziegler ◽  
Tiago Sinigaglia ◽  
Mario Eduardo Santos Martins ◽  
Adriano Mendonça Souza
Keyword(s):  
Apis Mellifera ◽  
The United States ◽  
Mortality Data ◽  
Time Interval ◽  
International Patent Classification ◽  
Patent Classification ◽  
Honey Production ◽  
Technological Advances ◽  
International Patent ◽  
Technology Life Cycle

Bees play a fundamental role in the ecological balance of ecosystems, due to the pollination process they carry out on crops, including the production of honey. However, the mortality of bees is a significant concern; bee mortality can occur for several reasons, such as pesticides, mites, viruses, climate change, pathogens and a reduction in food resources and nests. The honey bee (Apis mellifera) is the most widely used bee for commercial pollination and honey production. Therefore, the main objective is to compare the development of patent families and article publications related to the reduction in A. meliífera mortality. Data on patent families were collected on the Orbit platform, while data on scientific articles were collected on the Scopus database, with a time interval of 1980–2019. Subsequently, the data were analyzed in order to show the main priority countries, main assignees, and main IPC (International Patent Classification) codes, an analysis of the technology life cycle and the correlation between the data of patent families and articles published. The technologies that help to decrease bee mortality showed a technological maturity rate of 27.15% for patent families data and 53.35% for data from articles published in journals. It was noticed that the principal interest regarding the reduction in A. mellifera mortality is focused on universities, mainly in the United States and China.

scholarly journals Applications of Silver Nanoparticles in Dentistry: Advances and Technological Innovation

2021 ◽  
Vol 22 (5) ◽  
pp. 2485
Author(s):  
Clara Couto Fernandez ◽  
Ana Rita Sokolonski ◽  
Maísa Santos Fonseca ◽  
Danijela Stanisic ◽  
Danilo Barral Araújo ◽  
...  
Keyword(s):  
Silver Nanoparticles ◽  
Technological Innovation ◽  
Scientific Literature ◽  
Technological Innovations ◽  
International Patent Classification ◽  
Patent Classification ◽  
International Patent ◽  
Promising Area ◽  
The Usa ◽  
Prevention Of Infections

Silver nanoparticles (AgNPs) have been successfully applied in several areas due to their significant antimicrobial activity against several microorganisms. In dentistry, AgNP can be applied in disinfection, prophylaxis, and prevention of infections in the oral cavity. In this work, the use of silver nanoparticles in dentistry and associated technological innovations was analyzed. The scientific literature was searched using PubMed and Scopus databases with descriptors related to the use of silver nanoparticles in dentistry, resulting in 90 open-access articles. The search for patents was restricted to the A61K code (International Patent Classification), using the same descriptors, resulting in 206 patents. The results found were ordered by dental specialties and demonstrated the incorporation of AgNPs in different areas of dentistry. In this context, the search for patents reaffirmed the growth of this technology and the dominance of the USA pharmaceutical industry over AgNPs product development. It could be concluded that nanotechnology is a promising area in dentistry with several applications.

I nuovi scambi tra medici e pazienti: le parole della medicina

2021 ◽  
Vol 9788879169776 ◽  
pp. 35-45
Author(s):  
Antonio M. Carrassi
Keyword(s):  
Search Engines ◽  
Health Workers ◽  
Medical Knowledge ◽  
Medical Field ◽  
Average Life ◽  
Average Life Span ◽  
Research Activities ◽  
Field Information ◽  
The One ◽  
The Individual

Medicine showed enormous progresses since the middle of the last century and, thanks to the overwhelming research activities, which characterized that period, the average life span of people has increased extraordinarily. Many diseases that once were considered incurable are now being successfully treated. However, the disease has often been placed at the core of the clinical process rather than the person, the individual, the patient. Even in recent years, the patient doesn’t always find in his doctor the appropriate degree of empathy, and the level of communication that would be desirable. Moreover, today we are living an extraordinary development and spreading use of digital resources and search engines. Patients exploit these tools to obtain any kind of information, included the one in the medical field. Information technology and search engines play an extremely important role in medicine, and they can be seen a pivotal communication instrument between clinicians and patients, although they can also provide inaccurate or incorrect feedback to laypeople looking for answers to health questions, who do not have enough medical knowledge to evaluate the reliability of the source. This problem has been raised by clinicians and, more generally, by health workers, who today operate with a view to greater psychological proximity to the patient, passing from a so-called Disease Centred Medicine to a clinical practice much more sensitive to the needs of the patient, to his experience, to the context in which he lives, thus achieving a Patient Centred Medicine. Listening, attention, empathy and the words that a clinician is required to use towards each patient, during the clinical routine, take on more and more value for a correct doctor-patient exchange and alliance.

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