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.

Protection of Traditional Knowledge : Meaning and Scope in Indian Legal Perspective

LAW REVIEW ◽  
2018 ◽  
Vol 38 (1) ◽  
Author(s):  
Ashish Kumar Singh
Keyword(s):  
Intellectual Property ◽  
Cultural Identity ◽  
Traditional Knowledge ◽  
Present Article ◽  
Digital Library ◽  
Successive Generation ◽  
Unique Form ◽  
Economic Rights ◽  
Legal Perspective

Traditional Knowledge is unique form of intellectual property which is owned by the community through successive generation as part of their cultural identity. This area of IP is very prone for exploitation causing damage to the economic rights of the members of the community at large. A sui generis approach is needed for the protection of TK. The present article helps in understanding the idea and scope of Traditional Knowledge (TK), word intellectual property organisation, Traditional Knowledge Digital Library.

Publish the Picture at Your Peril: Visual Ideas and the Commercial Apparatus of Life Magazine

2021 ◽  
Vol 20 (2) ◽  
pp. 301-324
Author(s):  
Joshua S. Schwartz
Keyword(s):  
Twentieth Century ◽  
Intellectual Property ◽  
Consumer Goods ◽  
Social Behaviors ◽  
Early Years ◽  
Business Practices ◽  
The Novel ◽  
Life Magazine ◽  
Advertising Revenue ◽  
Manufacturing Company

AbstractIn the early years of the twentieth century, Life magazine had only approximately one hundred thousand subscribers, yet its illustrated images (like the Gibson Girl) significantly influenced fashion trends and social behaviors nationally. Its outsized influence can be explained by examining the magazine’s business practices, particularly the novel ways in which it treated and conceptualized its images as intellectual property. While other magazines relied on their circulation and advertising revenue to attain profitability, Life used its page space to sell not only ads, but also its own creative components—principally illustrations—to manufacturers of consumer goods, advertisers, and consumers themselves. In so doing, Life’s publishers relied on a developing legal conception of intellectual property and copyright, one that was not always amenable to their designs. By looking at a quasi-litigious disagreement in which a candy manufacturing company attempted to copy one of the magazine’s images, this article explores the mechanisms behind the commodification and distribution of mass-circulated images.

scholarly journals A Regional Review of Genetic Resource Access and Benefit Sharing – Key Issues and Research Gaps

2021 ◽  
pp. 1-24
Author(s):  
Clare Morrison ◽  
Fran Humphries ◽  
Charles Lawson
Keyword(s):  
Intellectual Property ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
National Level ◽  
Sustainable Use ◽  
Benefit Sharing ◽  
Comparative Approach ◽  
Future Research ◽  
Access And Benefit Sharing ◽  
Legal Mechanism

Countries are increasingly using access and benefit sharing (ABS) as a legal mechanism to support the conservation and sustainable use of the world’s biological diversity. ABS regulates collection and/or use of genetic resources/traditional knowledge and sharing benefits from their use with the provider. The purpose of this review is to assess the trends, biases and gaps of ABS literature using a regional comparative approach about the key topics of concern between each region. It analyses four key topic groupings: (1) implementation of international, regional and national ABS policy and law; (2) intellectual property and ABS; (3) traditional knowledge; and (4) research, development and commercialisation. Findings included gaps in: (1) analysing effectiveness of national level implementation; (2) addressing apparent conflicts between support for intellectual property promoting exclusivity for traditional knowledge and challenges to intellectual property exclusivity for patents; (3) examining traditional knowledge of local communities (in contrast to Indigenous Peoples); and (4) lack of practical examples that quantify benefit sharing from research and commercialisation outcomes. We conclude that future research addressing the identified gaps and biases can promote more informed understanding among stakeholders about the ABS concept and whether it is capable of delivering concrete biological conservation, sustainable use and equity outcomes.

Asian Borderlands and the Legal Protection of Traditional Knowledge and Traditional Cultural Expressions

2013 ◽  
Vol 47 (4) ◽  
pp. 1403-1433 ◽  
Author(s):  
CHRISTOPH ANTONS
Keyword(s):  
Intellectual Property ◽  
United Nations ◽  
Traditional Knowledge ◽  
Biological Diversity ◽  
Legal Protection ◽  
Indigenous Communities ◽  
Cultural Property ◽  
World Intellectual Property Organization ◽  
Convention On Biological Diversity ◽  
Nuanced Understanding

AbstractTraditional knowledge related to biodiversity, agriculture, medicine and artistic expressions has recently attracted much interest amongst policy makers, legal academics and social scientists. Several United Nations organizations, such as the World Intellectual Property Organization (WIPO) and the Convention on Biological Diversity under the United Nations Environmental Programme (UNEP), have been working on international models for the protection of such knowledge held by local and indigenous communities. Relevant national, regional or provincial level legislation comes in the form of intellectual property laws and laws related to health, heritage or environmental protection. In practice, however, it has proven difficult to agree on definitions of the subject matter, to delineate local communities and territories holding the knowledge, and to clearly identify the subjects and beneficiaries of the protection. In fact, claims to ‘cultural property’ and heritage have led to conflicts and tensions between communities, regions and nations. This paper will use Southeast Asian examples and case studies to show the importance of concepts such as Zomia, ‘regions of refuge’ and mandala as well as ‘borderlands’ studies to avoid essentialized notions of communities and cultures in order to develop a nuanced understanding of the difficulties for national and international lawmaking in this field. It will also develop a few suggestions on how conflicts and tensions could be avoided or ameliorated.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part II

2014 ◽  
Vol 16 (1) ◽  
pp. 3-37
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Traditional Knowledge ◽  
Indigenous Peoples ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Nagoya Protocol ◽  
Trade Law ◽  
International Trade Law ◽  
Traditional Cultural Expressions

Abstract In Part I of this two-part article, we explained why western assumptions built into intellectual property law make this area of law a problematic tool, as a way of protecting traditional knowledge (tk) and expressions of folklore (EoF) or traditional cultural expressions (tce) of indigenous peoples. Part II of this article aims to: 1) provide a brief review of the Convention on Biological Diversity (cbd) and the Nagoya Protocol, and examine the evolution of the intellectual property rights of indigenous peoples from the Agreement on Trade Related Aspects of Intellectual Property (trips Agreement) to the cbd to the Nagoya Protocol; and 2) examine possible core principles, inducted (rather than deduced) from actual practices already in place in the areas of patents, copyrights, and trademarks in relation to protecting tk and EoF. These explorations could allow for discussions regarding indigenous peoples, human rights and international trade law to become less adversarial.

Beyond Unbridled Optimism and Fear: Indigenous Peoples, Intellectual Property, Human Rights and the Globalisation of Traditional Knowledge and Expressions of Folklore: Part I

2013 ◽  
Vol 15 (3) ◽  
pp. 319-339 ◽  
Author(s):  
Caroline Joan S. Picart ◽  
Caroline Joan S. Picart ◽  
Marlowe Fox
Keyword(s):  
Human Rights ◽  
Intellectual Property ◽  
Property Rights ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Indigenous Peoples ◽  
Property Law ◽  
Cultural Expression ◽  
Intellectual Property Law ◽  
Traditional Cultural Expressions

Abstract This article is the first part of a two-part piece, which considers the intellectual property rights of indigenous peoples. After establishing pragmatic working definitions of who “indigenous peoples” are and what folklore (or “traditional cultural expression”) is, as compared with, but dialectically related to, “traditional knowledge,” this article does the following: 1) explains why western assumptions built into intellectual property law make this area of law a problematic tool for protecting traditional knowledge (TK) and expressions of folklore (EoF) or traditional cultural expressions (TCE) of indigenous peoples; and 2) creates a general sketch of human rights related legal instruments that could be and have been harnessed, with varying degrees of success, in the protection of the intellectual property of indigenous peoples.

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