विज्ञप्तियां उर्दू विज्ञप्तियां फोटो निमंत्रण लेख प्रत्यायन फीडबैक विज्ञप्तियां मंगाएं Search उन्नत खोज
RSS RSS
Quick Search
home Home
Releases Urdu Releases Photos Invitations Features Accreditation Feedback Subscribe Releases Advance Search
home  Printer friendly Page home  Email this page
English Release 30-September 2014
Date Month Year
  • President's Secretariat
  • President congratulates medal winners in Asian Games 2014
  • Prime Minister's Office
  • Text of Joint Editorial by Prime Minister Shri Narendra Modi and US President Mr. Barack Obama, published on the website of Washington Post
  • PM to share his thoughts with the countrymen through Radio
  • Text of Prime Minister Shri Narendra Modi's interaction session at the Council on Foreign Relations in New York
  • Vision Statement for the U.S.-India Strategic Partnership
  • PM’s address and interaction at Council on Foreign Relations in New York City
  • Min of Agriculture
  • Inclusion of State of Bihar under Foot and Mouth Disease Control Programme (FMD-CP)
  • Min of Commerce & Industry
  • Index of Eight Core Industries (Base: 2004-05=100), August, 2014
  • Min of Defence
  • Chief of the Army Staff Takes Over as the Honorary Colonel of Rashtriya Rifles
  • India US Combined Military Training Exercise
  • Ministry of Finance
  • Change in Tariff Value of Crude Palm Oil, RBD Palm Oil, Others – Palm Oil, Crude Palmolein, RBD Palmolein, Others – Palmolein, Crude Soyabean Oil, Brass Scrap (All Grades), Poppy Seeds, Areca Nuts, Gold and Silver Notified
  • Task Forces as Recommended by FSLRC Constituted for Laying the Road Map for Setting-up of Resolution Corporation (RC), Financial Data Management Centre (FDMC), Financial Sector Appellate Tribunal (FSAT) and Public Debt Management Agency (PDMA)
  • Centralized Processing Center (CPC), Bengluru Becomes ISO-27001:2005 Compliant
  • Min of Heavy Ind. & Public Enterprises
  • Shri Kapil Dev Tripathi take Charge of Secretary Department of Public Enterprises
  • Min of Home Affairs
  • Union Home Minister receives contribution to PMNRF from National Police Academy
  • Min of New and Renewable Energy
  • First Renewable Energy Global Investment Promotion Meet & Expo to be held in February 2015
  • Min of Petroleum & Natural Gas
  • Global crude oil price of Indian Basket was US$ 95.26 per bbl on 29.09.2014
  • Min of Science & Technology
  • Dr. Jitendra Singh lays foundation stone for new block of CSIR-Institute of Microbiol Technology at Chandigarh
  • Min of Shipping
  • Concept to be Finalised Soon for Impementation of the Sagar Mala Project
  • Min of Skill Development, Entrepreneurship, Youth Affairs and Sports
  • India won 2 Gold, 2 Silver and 3 Bronze Medals on Day 11 of Asian Games 2014
  • Min of Urban Development
  • Swachh Bharat Mission Logo and Tagline contest winners to be felicitated by Prime Minister
  • Ministry of Water Resources
  • Uma Bharti to Administer Swachh Bharat Shapath
  • Min of Women and Child Development
  • Smt. Maneka Sanjay Gandhi launches the New Guaranteed Minimum Pension Scheme in Dehradun

Previous Date

 
Ministry of Environment and Forests06-May, 2010 14:12 IST
Know Instances of Patenting on the UES of Medicinal Plants in India

 

            Patents have been secured in USA, Europe and other countries on the uses of Medicinal plants from India, for e.g. on Azadirachta indica (neem), wound healing properties of turmeric (heldi), hypoglycaemic properties of brinjal, bitter gorud, etc. Use of these biological materials is already known in India. The Indian Patents Act, for which the Ministry of Commerce and Industry is the nodal Ministry, does not provide for patenting of plants and animals.

            Turmeric is widely used in India as spice, in medicines, cosmetics, and to heal wounds. US Patent Office (USPTO) granted patent (no.5,401,504) on wound healing property of turmeric in 1995 to two expatriate Indians. The Council for Scientific and Industrial Research (CSIR) challenged this patent on grounds of prior art, supporting their claim by documentary evidence of Traditional Knowledge (TK), including ancient Sanskrit text and a paper published in 1953 in the Journal of Indian Medical Association. USPTO upheld CSIR’s objections and revoked the patent in 1997. Revocation of turmeric patent is a landmark judgement as it was for the first time that a patent based on TK of a developing country was successfully challenged.

              Extracts from Azadirachta indica (neem) are used as pesticide, fungicide, in soaps, medicines, etc. European Patent Office (EPO) in 1994 granted patent (no.043257) to W.R. Grace and USDA for fungicidal properties of neem oil. In 1995, legal opposition filed against patent by an NGO and group of Indian farmers with the evidence that the invention claimed on patent was not novel. Patent was revoked by EPO in 2000.

Steps to Address  Biopiracy

     After subsequent instance of patents on hypoglycaemic properties of brinjal, bitter gourd, etc., Government of India decided in 1999 to develop easily navigable computerized databases of documented codified Traditional Knowledge (TK). A collaborative project on Traditional Knowledge Digital Library (TKDL) was launched between CSIR and Deptt. Of Ayurveda, Yoga and Naturopathy, Unani, Sidha and homeopathy (AYUSH), with the objective to prevent grant of “bed” patents on traditional knowledge (TK). TKDL is being developed on codified TK on Indian systems of medicines (i.e.Ayurveda, Unani, Sidha And Yoga).

    Nearly 8,05,000 Ayurvedic formulations, 98,700 Unani formulations, and 9,970 Sidha formulations have been transcribed in patent application format in five languages (English, French, German, Spanish and Japanese). For Yoga, transcription is to be initiated shortly. Access to TKDL database will be provided to international patent office’s under non-disclosure agreement for the purpose of search and examination by patent examiners. This would prevent grant of bed patents, and expensive and time-consuming invalidation procedures for such patent.

    In addition, the Biological Diversity Act enacted by Government 2002 provides for obtaining approval of the National Biodiversity Authority (NBA) before seeking registration of any patent based on biological material and associated knowledge obtained from India. The NBA also has the powers to take necessary measures on behalf of the Central Government to oppose the grant of intellectual property rights in any country outside India on biological resource or associated traditional knowledge obtained from India.

Agency  Granting of  Patents

Patent System in India is administered under the superintendence of the Controller General of Patents, Design and Trade Marks (CGPDTM). The office of the CGPTDM is a subordinate office of the Department of Industrial Policy and Promotion, Ministry of Commerce and Industry and comprises the statutory offices of Patent office, Trade Marks Registry and Geographical Indication Registry. The controller Generals Headquarter is located in Mumbai. There are four Patents offices in India with the head office in Kolkata and other Patents Offices at Chennai, Delhi and Mumbai. The Controller General, delegates his powers regarding various procedures for grant of patents to Joint Controllers and Deputy Controllers. Examination of patent applications is done by Examiners of Patents and Designs.

     The Patent Office has brought out a detailed Manual of Patents Practice and Procedure which provide information to the public and users of the patent system on the practice and procedures followed by Patent Office for processing of patent applications. The Manual also incorporate the provisions of the Patents Act, 1970 as amended by the Patents (Amendment) Acts, 1999, 2002 and 2005, and the Patents Rules 2003, as amended by the Patens (Amendment) Rules, 2006.

    The amendments to the Patent Act in 2002 and 2005 provide for mandatory disclosure in patent applications of the source and geographical origin of biological material, and traditional knowledge used in the invention. It also provides for pre- and post-grant opposition of applications and revocation of granted patents on grounds of non-disclosure or wrongful disclosure of source or geographical origin of biological resources and traditional knowledge.

KP


(Release ID :61511)

Web Ratana This site is winner of Platinum Icon for 'Outstanding Web Content' Web Ratna Award'09 presented in April 2010
Site is designed and hosted by National Informatics Centre (NIC),Information is provided and updated by Press Information Bureau
"A" - Wing, Shastri Bhawan, Dr. Rajendra Prasad Road, New Delhi - 110 001 Phone 23389338
Go Top Top

उपयोग संबंधी शर्तें स्वोत्वाधिकार नीति गोपनीयता संबंधी नीति हाइपरलिंकिंग नीति Terms of Use Copyright Policy Privacy Policy Hyperlinking Policy