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?

The Influence of TRIPS Compliant Patent Laws on Indian Pharmaceutical Industry

2014 ◽  
Vol 4 (1) ◽  
Author(s):  
Rupesh Rastogi ◽  
Virendra Kumar
Keyword(s):  
Pharmaceutical Industry ◽  
Patent Protection ◽  
Uruguay Round ◽  
Pharmaceutical Products ◽  
Trips Agreement ◽  
Patent Law ◽  
Patent Laws ◽  
The Impact ◽  
First Time ◽  
Indian Pharmaceutical Industry

The first legislation in India relating to patents was the Act VI of 1856. The Indian Patents and Design Act, 1911 (Act II of 1911) replaced all the previous Acts. The Act brought patent administration under the management of Controller of Patents for the first time. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. Various comities were constituted to recommend, framing a patent law which can fulfill the requirement of Indian Industry and people. The Indian Patent Act of 1970 was enacted to achieve the above objectives. The major provisions of the act, provided for process, not the product patents in food, medicines, chemicals with a term of 14 years and 5-7 for chemicals and drugs. The Act enabled Indian citizens to access cheapest medicines in the world and paved a way for exponential growth of Indian Pharmaceutical Industry. TRIPS agreement, which is one of the important results of the Uruguay Round, mandated strong patent protection, especially for pharmaceutical products, thereby allowing the patenting of NCEs, compounds and processes. India is thereby required to meet the minimum standards under the TRIPS Agreement in relation to patents and the pharmaceutical industry. India’s patent legislation must now include provisions for availability of patents for both pharmaceutical products and processes inventions. The present paper examines the impact of change in Indian Patent law on Pharmaceutical Industry.

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 Path to Innovation: An Amalgamation of Patent Law and the Dynamic Competition Regime

1970 ◽  
Vol 4 (2) ◽  
pp. 89-108
Author(s):  
Krishna Ketana ◽  
Philip Sosha Sushma
Keyword(s):  
Intellectual Property ◽  
Patent Protection ◽  
Competition Law ◽  
Patent Law ◽  
Policy Framework ◽  
Conventional View ◽  
New Concepts ◽  
Competition Laws ◽  
And Control ◽  
The Relationship

The purpose of this paper is to identify a method to create a balance between competition laws and the patent protection regime so as to promote innovation. The relationship between competition law and the law relating to intellectual property has long been recognized to be a turbulent one. The traditional perspective adopted towards the relationship between the subjects is that one is opposed to the other; where intellectual property laws encourage and protect monopoly, competition laws seek to curb and control it. This research focuses on the possibility of change from the conventional view relating to competition law and intellectual property law by making the approach to these two subjects more innovation centric. The paper examines these apparently paradoxical disciplines from the perspective of innovation and finds that both intellectual property laws and competition laws have a common objective, which is to increase innovation. This paper undertakes conceptual research in order to develop new concepts and to re-interpret the existing ones. It analyses various economic theories of development and the existing conceptual framework pertaining to competition and patent laws. Finally, the paper suggests amendments in the existing law and proposes a new legal and policy framework that reconciles both the fields so as to promote effective innovation crucial for economic development and trade in India.

scholarly journals International Protection of Intellectual Property

2004 ◽  
Vol 94 (5) ◽  
pp. 1635-1653 ◽  
Author(s):  
Gene M Grossman ◽  
Edwin L.-C Lai
Keyword(s):  
Intellectual Property ◽  
World Economy ◽  
Patent Protection ◽  
Market Size ◽  
International Protection ◽  
The North ◽  
International Patent ◽  
Global Regime ◽  
National Patent

We study the incentives that governments have to protect intellectual property in a trading world economy. We consider a world economy with ongoing innovation in two countries that differ in market size and in their capacity for innovation. After describing the determination of national patent policies in a noncooperative regime of patent protection, we ask, “Why is intellectual property better protected in the North than in the South?” We also study international patent agreements by deriving the properties of an efficient global regime of patent protection and asking whether harmonization of patent policies is necessary or sufficient for global efficiency.

scholarly journals Review of the International Patent System: From the Venice Statute to Free Trade Agreements

2020 ◽  
Vol 13 (1) ◽  
pp. 65
Author(s):  
Claudia Angélica Córdova González ◽  
Mónica Guadalupe Chávez Elorza
Keyword(s):  
Free Trade ◽  
The United States ◽  
Patent Law ◽  
Patent System ◽  
Global Trend ◽  
International Patent ◽  
Economic Elites ◽  
National Patent ◽  
International Patent System ◽  
States Patent

The current international patent system emerged within certain economic, political and social conditions in specific territories and periods. It has its historical roots in the Statute of Venice (1474), the Statute of Monopolies (1624), the United States Patent Law (1790), the French Patent Law (1791) and the Paris Convention (1883). Over time, these laws shaped a new model, which currently prevails. To strengthen the analysis of this article, the Agreement on Trade-Related Aspects of Intellectual Property Rights (1994), as well as free trade twentieth century agreements are integrated into the discussion. It is worth noting that each amendment stressed the economic relevance of the patent and its use to benefit certain economic elites through the creation of monopolies. Consequently, the debate on the purposes and nature of the international patent system has also been constant from its emergence to the present. This article provides basic elements for reflection about the origin, purposes and scope of national patent models implemented in Latin America within the global trend of scientific-technological innovation for development.

scholarly journals The Arguments of Law, Policy and Practice Against Swiss-Type Patent Claims

2001 ◽  
Vol 32 (1) ◽  
pp. 201
Author(s):  
Daniel Armstrong
Keyword(s):  
New Zealand ◽  
Patent Protection ◽  
Policy And Practice ◽  
Patent Laws ◽  
Legal Foundations ◽  
National Patent ◽  
Appeal Decision ◽  
Questionable Existence ◽  
Court Of Appeal

Swiss-type patent claims were first recognised by Switzerland in 1984 as a means of permitting drug manufacturers to gain patent protection following the discovery of a known substance's second or subsequent medical use. Despite dubious legal foundations, particularly the questionable existence of sufficient novelty, Swiss-type claims have been accepted in Europe, England, and, in a recent Court of Appeal decision, New Zealand. Additionally troublesome is that the dominant reason for their acceptance has been the drive for uniformity in national patent laws, a desire that precluded consideration of the various negative practical consequences of accepting such claims. This topic has received little academic comment and this essay redresses that in the most assertive of ways by arguing that Swiss-type claims are illegal, primarily due to a lack of novelty, and that they should be illegal for various reasons of policy and practice.

14. Key elements of the patent system

2017 ◽  
Author(s):  
Ian J. Lloyd
Keyword(s):  
Industrial Application ◽  
Patent Protection ◽  
Patent System ◽  
European Patent ◽  
European Patent Convention ◽  
General Terms ◽  
System P ◽  
International Patent ◽  
Protection Systems ◽  
Unitary Patent

This chapter considers in general terms the nature and manner of operation of the patent system. Topics discussed include international patent protection systems (Patent Co-operation Treaty, European Patent Convention, the unitary patent, and intellectual property in the GATS and WTO); requirements for patentability (novelty, inventive step, capacity for industrial application); matters excluded from patent protection; patenting software; and the process of obtaining and enforcing a patent.

Harmonization of Patent Law

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
Intellectual Property Rights ◽  
Patent Protection ◽  
Biological Diversity ◽  
Patent Law ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Patent Rights ◽  
Patent Laws ◽  
The World ◽  
Per Se

This chapter details developments in the harmonization of patent laws. The Trade-Related Aspects of Intellectual Property Rights (TRIPs) Agreement has made significant strides in harmonizing levels of patent protection. TRIPs requires practically all countries of the world to have patent systems in which compounds, including pharmaceuticals, can be patented per se for a term of at least twenty years, with no local working requirements and no routine granting of compulsory licences; with importation of a product and sale of the product or a process being clearly defined as infringement; and with clear standards for the enforcement of patent rights. Other harmonization initiatives include the Patent Law Treaty, the Substantive Patent Law Treaty, the Trilateral Cooperation, the Convention on Biological Diversity, and the Nagoya Protocol.

Seeking International Coordination: The Norwegian Patent Law of 1885

2019 ◽  
Vol 60 (1) ◽  
pp. 157-179
Author(s):  
Bjørn L. Basberg
Keyword(s):  
Patent Law ◽  
Patent Laws ◽  
International Coordination ◽  
National Patent

Abstract During the 1870s and 80s many countries revised their national patent laws. This was also a period when international co-operation was intensified to reach an agreement on patent legislation. It culminated in the Paris Patent Convention of 1880, leading to an increased harmonization of the various national patent laws. In Norway the revision of the patent law was set in motion in the 1870s, culminating in a new law in 1885. The paper analyses this process, and in particular how it related to legislative work that went on abroad.

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