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Advantage India – Traditional Knowledge Digital Library (TKDL)

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Indian Government initiated the Traditional Knowledge Digital Library (TKDL) to prevent exploitation and to protect Indian traditional knowledge from wrongful patents mainly at International Patent Offices.

Earlier, India’s Traditional knowledge of Medicinal exists in regional languages such as Sanskrit, Hindi, Arabic, Persian, Urdu and Tamil and are neither accessible nor comprehensible for patent examiners at the international patent offices. Thanks to digital library, TKDL now contains Indian traditional medicine knowledge available in public domain in a digitized format and is available in five international languages (English, French, German, Spanish and Japanese).

The minister of State for AYUSH, ShripadYesso Naik said that the TKDL prevented 220 wrongful patent filings and 12 patent offices have been provided access to TKDL database namely EPO,USPTO, JPO, GPO, Canadian Patent Office, Chile Patent Office, Australian Patent Office, CGPDTM (India), UK Patent Office, and Malaysian Patent Office, Rospatent (Russia) and Peru Patent Office.

Now India also brought out Guidelines for processing Patent Applications relating to Traditional Knowledge and Biological Material to help Patent examiners to analyze novelty and inventive step in Traditional Knowledge (TK) related invention.

The author is a Patent specialist from MR Technollect Solutions (www.MRTechnollect.com)

 

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India says no to ‘frivolous’ patents

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The Indian Government announced the global intellectual property regimes will encourage the use of Trade Related Aspects of Intellectual Property Rights (TRIPS) flexibilities before the start of the 26th session of the Standing Committee on the Law of Patents (SCP) at the World Intellectual Property Organization (WIPO), Geneva.

Secretary of permanent mission of India, Sumit Seth said that the harmonizing patent laws across countries having vast differences in economy, industrial and scientific development only creates concentration of IP assets with certain regions but does not help developing countries and Least developed countries.

And also he said that the fundamental objective of Patent office should be rightful grants and improve the quality of Patent System as a whole which infuses the protection of public interest by filtering out frivolous patents and ever-greening policies for patenting incremental innovations without substantial improvement would have adverse impact on delivery of healthcare services.

The author is a Patent specialist from MR Technollect Solutions (www.MRTechnollect.com)

 

Broad Institute backs patent licensing platform

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The Broad Institute in Cambridge, US, and its partners Harvard University, the Massachusetts Institute of Technology and The Rockefeller University have submitted 22 patents in response to a call to create a joint licensing pool for Crispr genome editing technology. Such a platform would allow groups attempting to commercialise Crispr-based products to avoid IP complications. The tangled legal landscape currently surrounding Crispr could hinder the development of new therapies that exploit the tool.

The pooled licensing facility is being organised by MPEG LA, an intellectual property rights management company, that specialises in combined patent models. Chief executive Larry Horn said in a statement that Crispr is ‘too important to be left at risk of endless patent battles and splintered licensing regimes’, and that ‘a pool providing one-stop licensing efficiency and predictability to scientists and businesses worldwide represents the best hope to unleash its life-enhancing potential’.

‘We strongly support making Crispr technology broadly available,’ said the Broad’s chief business officer, Issi Rozen. ‘We look forward to working with others to ensure the widest possible access to all key Crispr intellectual property,’ she added.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

High Tech Inventors Alliance (HTIA) for Balanced Patent System

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The top most tech companies are joined together and initiated the High Tech Inventors Alliance (HTIA) for supporting balanced patent policy. The eight top most tech companies are Oracle, Dell, Google, Adobe, Intel, Sales force, Amazon, and Cisco. According to HTIA alliance, they own more than 115,000 U.S. patents and recognized the need of inventors to have a well-functioning patent system.

The Alliance’s general counsel and authority John Thorne said that the innovation is creating new and better products and services. It is fundamental to the success of the high-tech industry and its ability to drive economic growth and create American jobs and they spent $62.9 billion on research and development last year and they have over 447,000 employees in US.

And also he said that the patent system when does not function well, it is the loss of all Americans – inventors, employees, investors in productive businesses and ultimately, consumers.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

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Will Patent ‘Alphabet’ fly?

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Alphabet’s main, Project Loon, key patent has been cancelled by the US Patent and Trademark Office after another company succeeded in convincing the agency that it came up with the idea first.

Project Loon uses free-floating balloons to provide Internet access to remote areas, beaming down Wi-Fi from overhead. The patent that has been cancelled relates to how Alphabet steers the balloons.

As the balloons drift in the wind, and have no form of propulsion, they would normally move in whatever direction the winds happened to carry them. Google’s patent was for increasing or decreasing the altitude of the balloons until they hit winds travelling in the desired direction. Most recently, the company planned to use this approach to keep balloons effectively hovering in place.

Reports say that a small company called Space Data argued that they came up with the idea first, filing its own application more than a decade before Alpha.

Space Data’s case is assisted by the fact that Google had access to the company’s secrets through acquisition talks which it later cancelled.

Space Data approached Google in September 2007, and was met with enthusiasm. A Google court filing agrees that the companies had “multiple technical and business meetings in 2007.” By December, talk had turned to acquisition. Google and Space Data duly signed a non-disclosure agreement (NDA) that would allow Google to perform due diligence on the startup’s technical, commercial, and financial secrets.

On February 15, 2008, twelve Googlers, including both co-founders, arrived at Space Data’s headquarters on the outskirts of Phoenix, Arizona. Over the next four hours, Space Data alleges that the team toured the balloon manufacturing facility, visited Space Data’s Network Operations Control Center (NOC), saw confidential wind data, and examined inner workings of the stratospheric transmitters. At one point, Sergey Brin even allegedly launched a Space Data balloon and tracked its progress at the NOC.

A trial is scheduled for 2019, and Space Data may apply for an injunction in the meantime. However, Google has stated that it intends to ‘vigorously’ contest the case.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

NSAI Welcomes EPO Ruling on Biotechnology Patents

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Plants or animals exclusively obtained by means of an essential biological process patents will not be granted by EPO. The EPO’s new ruling offers clarity on product and further defines “the new variety” developed through breeding, which is an essential biological process. But this is not a subject matter patent in IPR laws.

National Seed Association of India (NSAI) Executive Director, Dr Kalyan Goswami said that the decision allows breeders to continue their regular breeding work, based on crossing and selection without worrying about access to genetic diversity and traits produced both biotechnological and conventional breeding process.

National Seed Association of India, President, Mr. M Prabhakar Rao said that the ESA (European Seed Association) has been leading the way against an overly restrictive patent regime that denies farmers and breeders any rights or freedom in creating new varieties using natural / biological methods.

And the Indian Patents Act, 1970 clearly states that genes used for developing Genetically Modified traits can be patented under Indian law to the extent of identification, isolation, characterization, insertion process, and detection of the gene or its components which cause modification of gene expression by genetic engineering.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

 

Call for Intellectual Property (IP) Papers

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Nirma University, Centre for Intellectual Property Rights, Institute of Law, invites articles, research papers, case studies, and book for Journal of Intellectual Property Law 2017-18 with any Contemporary topics of Intellectual Property Rights.

The Journal will be published by Centre for Intellectual Property Rights, Institute of Law, Nirma University, Ahmadabad, Gujarat.

Submission of the articles through email (centreipr@nirmauni.ac.in) up to 31st October, 2017.

For further information please contact below address,

Centre for IPR Institute of Law | Nirma University SG Highway | Ahmadabad

Gujarat | 382481 | India

Email: centreipr@nirmauni.ac.in

Website: https://www.nirmauni.ac.in/ilnu/ResearchCentres
The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

 

DIPP establish India’s first Technology & Innovation Support Center

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Department of Industrial Policy and Promotion (DIPP) and Punjab State Council of Science and Technology signed the agreement to establish India’s first Technology and Innovation Support Center (TISC) at Patent Information Centre, Punjab, under the WIPO.

The goal of Technology and Innovation Support center is to motivate the IPR system in India to encourage the creativity, innovation and promoting entrepreneurship. TISC will provide the high quality technology information and related services and also to help innovators to exploit their innovative potential and to create, protect, and manage their Intellectual Property Rights.

The following services will be offered by TISC,

Online patent and non-patent (scientific and technical) resources,

IP-related publications, assistance in searching and retrieving technology information,

Database search training, on-demand searches (novelty, state-of-the-art and infringement), monitoring technology and competitors,

Basic Information of industrial property laws, management and strategy and technology commercialization and marketing.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

India launches $250 mn National Biopharmaceutical Mission

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India launched the $250 million dollar worth for the National Biopharmaceutical Mission that includes $125 million loan from the World Bank. This Mission will provide an ecosystem for researchers and entrepreneurs to develop their products.

Now India serves only 2.8% of the global biopharmaceutical market and the goal is to develop India’s market share rise to 5% by 2022. Department of biotechnology (DBT) secretary, Vijay Raghavan said that the Indian pharmaceutical industry, through the link between academia and industry, will move from generic driven to being Indian Intellectual Property-driven.

The objective of the mission is to help the development of 6-10 new products over five years. The World Bank is helping for this project to strengthen the R&D activities. The Minister said that the collaboration with World Bank would allow scientists and entrepreneurs in India to tap into a global network.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)

 

Mother Teresa’s blue-bordered sari is an Intellectual Property now

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Indian Government of Trademark Registry has granted the registration of the Trademark for pattern of Mother Teresa’s blue border of sari. The blue-designed border on the sari worn by nuns of the Missionaries of Charity was recognized as Intellectual Property for the organization on September four, 2016, the day the Mother was canonized.

The Missionaries of Charity d not believe in publicity and as such it was not publicized, but since they are witnessing exploitative and unfair usage of the design across the globe, they are now trying to spread awareness among people about the trademark.

And also he said that the blue border pattern is a distinctive symbolic identity of the Missionaries of Charity under the concept of color trade mark protection and the exclusive right of use of the said blue pattern on white saris adopted by the Missionaries of Charity is unique and is the first time ever that a uniform has been protected under the Intellectual Property rights.

The Author is a Patent Specialist from MR Technollect Solutions (www.MRTechnollect.com)