Intellectual property rights neem

 

neem patent case study

The Neem Tree Patent: International Conflict Over the Commodification of Life International Conflict Over the Commodification of Life, 22B.C. Int'l & Comp. L. Rev (), My analysis of the neem tree incident shows that all of these factors playa part. However, I also believe that at . The neem tree - a case history of biopiracy. By Vandana Shiva Patent appeal. For centuries the Western world ignored the neem tree and its properties: the practices of Indian peasants and doctors were not deemed worthy of attention by the majority of British, French and Portuguese colonialists. Feb 17,  · CASE JUDGEMENT: • On the 30th September , the European Patent Office (EPO) delivered a favourable interim judgement on the challenge of a European patent on the fungicidal effects of neem oil (Patent No. B1) owned by W. R. Grace & Co • The European Patents Office accepted the arguments offered by Indian scientists and rejected.


Case studies patent


Traditional Knowledge TK is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity 1.

Traditional Knowledge per se that is the knowledge that has ancient roots and is often informal and oral, is not protected by conventional intellectual property protection systems. This scenario has prompted many developing countries to develop their own specific and special systems for protecting traditional knowledge. India has played a very significant role in the documentation of traditional knowledge thereby bringing the protection of traditional knowledge at the centre stage of the International Intellectual Property System.

India's traditional medicinal knowledge exists in local languages such as Sanskrit, Hindi, Arabic, Urdu, Tamil etc, neem patent case study. It was identified by the TKDL expert group in that annually around patents were granted around the world erroneously concerning Indian system of medicine by patent offices around the world.

The use of intellectual property systems to legitimize the exclusive ownership and control over biological resources and biological products and processes that have been used over centuries in non-industrialized culture can be defined as "bio-piracy".

In other words bio-piracy means misappropriation of traditional knowledge with an intention to gain patent protection over that knowledge. Devolution, neem patent case study, encroachment, the bio prospecting rush, lack of appropriate legal systems and a clash of systems all make traditional knowledge highly vulnerable to bio-piracy.

Traditional knowledge is associated with biological resources which in turn is a component of biodiversity. In the recent past, several cases of bio-piracy of TK from India have been reported, neem patent case study. The following are the most prominent cases with regards to misappropriation of TK from India. Turmeric is a tropical herb grown in east India. Turmeric powder is widely used in India as a medicine, a food ingredient and a dye to name a few of its uses 3, neem patent case study.

For instance, it is used as a blood purifier, in treating the common cold, and as an anti-parasitic for many skin infections, neem patent case study. It is also used as an essential ingredient in cooking many Indian dishes. Inthe United States awarded patent on turmeric to University of Mississippi medical center for wound healing property.

The claimed subject matter was the use of "turmeric powder and its administration", both oral as well as topical, for wound healing, neem patent case study. An exclusive right has been granted to sell and distribute.

Though it was a well known fact that the use of turmeric was known in every household since ages in India, it was a herculean task to find published information on the use of turmeric powder through oral as well as topical route for wound healing. Due to extensive researches, 32 references were located in different languages namely Sanskrit, Urdu and Hindi.

Therefore, the. USPTO revoked the patent, stating that the claims made in the patent were obvious and anticipated, and agreeing that the use of turmeric was an old art of healing wounds. Therefore, the TK that belonged to India was safeguarded in Turmeric case. The patent for Neem was first filed by W. The said patent is a method of controlling fungi on plants comprising of contacting the fungi with a Neem oil formulation.

A legal opposition neem patent case study been filed by India against the grant of the patent. A tree legendary to India, from its roots to its spreading crown, the Neem tree contains a number of potent compounds, notably a chemical found in its seeds named azadirachtin. It is used as an astringent in so many fields.

The barks, leaves, flowers, seeds of neem tree are used to treat neem patent case study variety of diseases ranging from leprosy to diabetes, skin disorders and ulcers. Neem twigs are used as antiseptic tooth brushes since time immemorial. The opponents' submitted evidence of ancient Indian ayurvedic texts that have described the hydrophobic extracts of neem seeds were known and used for centuries in India, both in curing dermatological diseases in humans and in.

The EPO identified the lack of novelty, neem patent case study, inventive step and possibly form a relevant prior art and revoked the patent. Apart from this, several US patents were recently taken out Neem-based emulsions and solutions. The US patent office granted a patent to 'RiceTec' for a strain of Basmati rice, an aromatic rice grown in India and Pakistan for centuries.

Rice is the staple food of people in most parts of Asia, especially India and Pakistan. For centuries, the farmers in this region developed, nurtured and conserved over a hundred thousand distinct varieties of rice to suit different tastes and needs. Inin its patent application Ricetec also acknowledged that "good quality Basmati rice traditionally come from northern India and Pakistan Indeed in some countries the term can be applied to only the Basmati rice grown in India and Pakistan.

What were being challenged were only claims regarding certain characteristics of basmati specifically starch index, aroma, and grain dimensions 5. It is to be noted that WTO Agreement does not require countries to provide Patent protection to plant varieties. It only requires countries to legislate so that plant varieties are protected.

However, US being a strong proponent of Patent protection of plant varieties neem patent case study the patent application. Three strains development by RiceTec are allowed patent protection and they are eligible to label its strain as "Superior Basmati Rice".

Therefore, in Basmati case, Neem patent case study altered the strain through crossing with the Western strain of grain and successfully claimed it as their invention and the case is an example of problems illustrated in TRIPS with regards to patenting biotechnological processes.

Inventions based on or developed using genetic resources associated with traditional knowledge or not may be patentable or protected by plant breeders' rights. The other couple of measures considered, discussed and developed by WIPO 7 are firstly, defensive protection of genetic resources which aims at preventing patents being granted over genetic resources and associated traditional knowledge which do not fulfill the existing requirements of novelty and inventiveness.

The said measure further entails the possible disqualification of patent applications that do not comply with Convention on Biological Diversity CBD obligations on prior neem patent case study consent, mutually agreed terms, fair and equitable benefit-sharing, and disclosure of origin.

Secondly, WIPO members want to make it mandatory for patent applications to show the source or origin of genetic resources, as well as evidence of prior informed consent and a benefit sharing agreement. The content of this article is intended to provide a general guide to the subject matter.

Specialist advice should be neem patent case study about your specific circumstances. Last Updated: 18 April Your LinkedIn Connections at Firm. Introduction Traditional Knowledge TK is a living body of knowledge that is developed, sustained and passed on from generation to generation within a community, often forming part of its cultural or spiritual identity 1.

Turmeric Patent Turmeric is a tropical herb grown in east India. Therefore, the USPTO revoked the patent, stating that the claims made in the patent were obvious and anticipated, and agreeing that the use of turmeric was an old art of healing wounds. Neem Patent The patent for Neem was first filed by W. The opponents' submitted evidence of ancient Indian ayurvedic texts that neem patent case study described the hydrophobic extracts of neem seeds were known and used for centuries in India, both in curing dermatological diseases in humans and in protecting agricultural plants form fungal infections.

Basmati patent The US patent office granted a patent to 'RiceTec' for a strain of Basmati rice, an aromatic rice grown in India and Pakistan for centuries. It only requires countries to legislate so that plant varieties are protected in neem patent case study manner not necessarily through patents. TKDL has enabled successful opposition of hundreds of patent applications filed around the world.

Enables immediate corrective action to be taken with zero cost so as to prevent bio-piracy. Do you have a Question or Comment? Interested in the next Webinar on this Topic?

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The neem tree - a case history of biopiracy

 

neem patent case study

 

Mar 09,  · India has won a year-long battle at the European Patent Office (EPO) against a patent granted on an anti-fungal product, derived from neem. EPO initially granted the patent to the US Department of Agriculture and multinational WR Grace in But . A Detailed Study of Patent System for Protection of Inventions. In the Indian context, in , the Act VI 1 on protection of inventions based on the British Patent Law of was established. During this period certain privileges were granted to inventors of new manufacturers for a period of 14 year. India wins neem patent case in. its role in protecting the validity of the patent system. Chapter 3 is a run through of the structure of the patent system within the European Patent Convention as well as a brief look at its history and theoretical justifications. In chapter 4 three case studies are presented; Turmeric, Neem and Ayhuasca.