scholarly journals Balancing community rights and national interests in international protection of traditional knowledge: a study of India’s Traditional Knowledge Digital Library

2021 ◽  
pp. 1-19
Author(s):  
Martin Fredriksson
Keyword(s):  
Traditional Knowledge ◽  
Digital Library ◽  
National Interests ◽  
International Protection ◽  
Community Rights

Colgate-Palmolive's Attempt of Patenting Toothpaste Formula

2017 ◽  
pp. 148-169
Author(s):  
Neetika Mehta
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Digital Library ◽  
Consumer Goods ◽  
Industrial Research ◽  
High Quality ◽  
Indian Community ◽  
Ancient Times ◽  
Herb Extract ◽  
Ancient Texts

By creating a robust intellectual property structure, a high-quality job future can be secured and sustained. Therefore, promotion to innovation/invention requires adequate protection. The multinational giant Colgate- Palmolive can be seen caught up into legal dispute where accusation is over the company for having purloined an archaic formula to have its roots to ancient times, and also being used by Indians for generations. India foiled an attempt by consumer goods giant Colgate-Palmolive to patent a mouthwash formula containing herb extract by citing ancient texts that show it was traditionally used in ancient medicinal practices. Traditional Knowledge Digital Library of Council of Scientific & Industrial Research (CSIR-TKDL) had submitted proof in the form of references from ancient books, which said the herb and its extracts in Indian systems of medicine. The proactivness of Indian community to safeguard its traditional knowledge obstructed the profit-making strategy of the company.

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 THE GUISE OF U.S. NATIONAL REFERRAL AUTHORITY TO “OTHERING” REFUGEES AND ASYLUM SEEKERS: A TWAIL APPROACH

2020 ◽  
Vol 7 (2) ◽  
pp. 99
Author(s):  
Alifa Salsabila
Keyword(s):  
United States ◽  
International Law ◽  
Asylum Seekers ◽  
Cultural Context ◽  
The United States ◽  
Executive Order ◽  
National Interests ◽  
International Protection ◽  
Refugees And Asylum Seekers ◽  
International Refugee Regime

President Trump’s issuance of Executive Order 13769 titled “Protecting the Nation from Foreign Terrorist Entry into the United States” restricts and even bans access to refugees and asylum seekers from seeking international protection in and from the United States. It is done by creating narratives that refugees and asylum seekers are capable of committing “potential threats” under the umbrella of terrorism. This study aims to dismantle the paradoxes the Executive Order conveys. It focuses on the international refugee regime under the ambit of international law and a broader context of immigration debates—socially, economically, and culturally. This study uses theThird World Approach to International Law (TWAIL),making it possible for academic legal discussionto correspond in cultural context. The findings show that Trump’s Executive Order 13769 functions as the tool for the United States to “othering” refugees and asylum seekers as foreign terrorists in order to wage its national interests while ruling out humanity and the regime.

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