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Author: BananaIP Reporter

BananaIP Counsels > Articles posted by BananaIP Reporter (Page 35)

Traditional Knowledge: Use or Misuse?

This image depicts a toothpaste tube shaped like a banana. It raises the question of such possibility. This post explores how traditional knowledge is used and misused by patents. Click on the image to read the full post.

First Publication Date: 28th October 2010.   Misuse of traditional knowledge and measures to prevent the same have been attracting attention since the turmeric patent controversy. After successfully revoking turmeric patent claims that formed part of traditional knowledge, the Indian government has taken numerous initiatives ranging from legislative and policy changes to documentation and creation of a library of information (TKDL). With the press and media joining the effort, the awareness with respect to rights of traditional knowledge holders , actions against traditional knowledge misuse, policy initiatives and so on has been increasing. The TKDL has been playing an important role in...

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Patent Exhaustion in India

  First Publication Date: 7th October 2010   A patent grants the Patent holder exclusive rights to prevent others from making, using, selling, offering for sale in the territory of patent grant or importing an invention into the territory of patent grant. Once an unrestricted sale of the patented invention is made, the rights of the patent holder with respect to the product are exhausted and this is called as the Doctrine of Exhaustion or First Sale Doctrine. As per the Doctrine of exhaustion the first unrestricted sale of a patented item exhausts the patentee's control over that particular item. In other words,...

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Indian Herbal Viagra Receives Patent Grant

First Publication Date: 5th October 2010. Kunnath Pharmaceuticals, Kerala recently received a patent for their product, Musli Power Xtra, an Indian herbal aphrodisiac for men and women. Musli Power Xtra popularly known as the ‘Indian Herbal Viagra’ is  reportedly India’s first ayurvedic herbal formulation to receive a patent for the treatment of sexual dysfunction. The herbs and ingredients which form part of the formulation includes the following: Chlorophylum borivillianum (Safed Musli), Mucuna purita, Withania somnifera, Moringa oleifera, Embilica officinalis, Tribulus trerrestris, Hygrophilla auriculata, Myristica fragrans. The patent (patent no. 241602) has been granted for the application titled “Herbal formulation used as a health...

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Open Source – A Business Reality

This image depicts the Open Source trademark, which comprises of a green keyhole with the words Open Source. this post talks about interesting developments in Open source technology. Click on the image to read the full post.

First Publication Date: 5th October 2010 Open source has today become a necessity for most businesses. It is estimated that 99 percent of all companies using software use at least one open source component. The business value added by open source products makes them inevitable for every company. In addition to software, open source has today expanded its tentacles to many areas from open text books to open drug discovery and is fast spreading to other areas.No business shift happens without legal hurdles and complications. With the rise in applications of open source to businesses, the legal battles with respect to...

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Financial Assistance from Technology Development Board (TDB) for Industrial Concerns for the Development of Indigenous Technologies

First Publication Date: 4th October 2010 Technology Development Board (TDB) mandates to provide financial assistance to the industrial concerns and other agencies attempting development and commercial application of indigenous technology or adapting imported technology for wider domestic application. TDB was established as per the provisions of Technology Development Board Act, 1995 by Government of India through Department of Science and Technology. The funds collected by the TDB are through industrial concerns under the provisions of the Research and Development Cess Act, 1986, as amended in 1995 and through other donations (as donation made to this fund have full deduction for income tax...

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Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v Metabolite

The featured image shows the word patent written in blue on a white background. The post is about the latest Patent updates. To know more, please click here.

First Publication Date: 2nd October 2010 Introduction The scope of patentable subject matter in USA can be considered to be the broadest in the world. The US patent system has been responding to new technologies faster than that of any other country. The US was the first to open its gates to patentability in fields such as Biotechnology, Information Technology or Business Methods. The adaptive and flexible nature of the patent regime can be attributed to the open language used under section 101 of Title 35, which relates to patentable subject matter and the lack of exclusions from patentability except for the...

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Should Medical Methods Be Patented?

First Publication Date: 2nd October 2010 The patent system has played a critical role in promoting the progress of science and technology since its inception by providing incentives to invent, to disclose, to design around and to invest. These incentives encourage the progress of science and technology in turn contributing to the economic development and prosperity of mankind. Though the patent system has played a critical role in the progress of science generally, its benefits have not been extended to medical methods. (The term ‘medical methods’ used herein after shall mean surgical, therapeutic and diagnostic methods of treatment except methods of...

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Complications In Patenting Biotech Inventions: A Peek At US Law

First Publication Date: 1st October 2010 Introduction Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code. The objective of the US patent law as stated in the constitution is to promote the progress of science and technology. The patent...

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Licensing of Software Does Not Give Rise to Patent Exhaustion

First Publication Date: 20th September 2010 The United States Court of Appeals for the Ninth Circuit clarified the legal confusion that was existing on the application of the first sale doctrine or doctrine of patent exhaustion with respect to software licenses. The Court clarified that the exclusive distribution right is limited by the first sale doctrine, which is an affirmative defense to copyright infringement that allows owners of copies of copyrighted works to resell those copies. Further the Hon’ble Court held that the exclusive reproduction right is limited within the software and this affirmative defense is unavailable to those who are...

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The Indian Patent Office and Secrecy Directions

First Publication Date: 16th August 2010 As per Section (35) of the Patents Act, 1970, the Controller may notify a patent application (i.e. a patent application before the grant/refusal) as a secret. The patent application may be of a class notified by the Central Government as relevant for defense purposes or may be up to the discretion of the Controller. The patent applicant is further prohibited from publishing information related to the patent application or communicating information related to the patent application to any third party. The patent application is then forwarded to the Central Government for consideration, whether the public...

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