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What are Intellectual Property Rights?

Intellectual Property is any property resulting from intellectual, creative processes - the products of an individuals mind.

Intellectual property rights are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Roots of Controversy: The Turmeric Patent Clash

Enforcement

The case began when the University of Mississippi Medical Center was granted U.S. Patent No. 5,401,504 in 1995 for the use of turmeric powder in wound healing.

India's Council of Scientific and Industrial Research (CSIR) disputed this claim citing Indian Traditional medicine.

This case led to the revocation of the patent by the United States Patent and Trademark Office (USPTO) and set a precedent for considering traditional knowledge in patent applications, sparking a global conversation on intellectual property rights, innovation, and cultural heritage.

It it was the first time a developing country was able to overturn a patent

of the United States on their traditional remedy.

Intellectual Property Rights

Aiswarya Sudheer

Conclusion

Patents

Trade Secrets

Trademark

02

Copyright

04

01

03

A patent grants an inventor the exclusive rights to their invention, preventing others from making, using, selling, or importing the patented product without permission.

A trademark is a recognizable sign, design, or expression which distinguishes products or services of a particular source from those of others.

Trade secrets are confidential practices, designs, formulas, processes, or any information that gives a business a competitive advantage.

A copyright is a type of intellectual property that gives the creator of an original work, or another right holder, the exclusive and legally secured right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time.

Protecting intellectual property is crucial for creators and businesses to maintain their competitive edge and preserve their innovations.However, intellectual property rules in most countries are not accomodating of indigineous knowledge.

This also pushes us towards the need for preserving traditional knowledge and also making it easily accessible through publicly available databases.

Three conditions must be satisfied for a patent to be granted:

1. Novelty

2. Non-obviousness

3. Utility

Facts of the Case

Facts of the case

  • On 28 Dec 1993, a patent for the application of "turmeric for wound healing" was filed before the US Patent and Trademark Office by two scientists at the University of Mississippi Medical Center.

  • CSIR in India appealed the patent at the USPTO stating that turmeric has been used for healing purposes by Indians for centuries.

  • India claimed there was no novelty to the patent using 32 documents as proof.

  • The patent was revoked.

Bio-piracy

The practice of commercially exploiting naturally occurring biochemical or genetic material, especially by obtaining patents that restrict its future use, while failing to pay fair compensation to the community from which it originates.

Bio-piracy

  • Companies developing new products often use traditional knowledge but the commercial gains go exclusively to the company.

  • The present patent system is not very accomodating of local people and traditional methods.

Obstacles

  • Oral knowledge is not considered novel in some countries. However, most traditional information is passed on through generations.
  • There is lack of accessibility of traditional documents.

Obstacles

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