Patent

Spicy IP Tidbit: Patent Office publishes List of Applications deemed as Traditional Knowledge


The regular readers of Spicy IP would no doubt be aware of the controversies surrounding the so-called “confidential” status accorded to Traditional Knowledge and relating information (for previous posts, see here). There have also been instances where RTIs have been filed with CSIR in order to obtain information about the Traditional Knowledge Digital Library project (TKDL) (see here and here).
However, there is some welcome news for those, who share our penchant for transparency to the greatest extent possible in every aspect of the public domain in general and IP in particular. The official Indian Patent Office Website has put up a list of all the applications that are pending and belong, as per the judgment exercised by the Patent Office, to the category of Traditional Knowledge. The list contains, in its present form, the application number, date of filing, the publication date, the title of the invention and the name and address of the applicant. In case of any discrepancy, one has been asked to contact [email protected] for correction/clarification.
This action on the part of the Patent Office no doubt appears to be promising in terms of promoting greater transparency. It’s also likely to help the applicants to know whether or not their inventions are being deemed as TK and accorded associated privileges.
Shouvik Kumar Guha

Shouvik Kumar Guha

Shouvik is at present employed as a Research Associate and a Teaching Assistant at The W.B. National University of Juridical Sciences, Kolkata. He has obtained his B.A. LL.B. (Hons.) degree from NUJS itself and is also currently pursuing his LL.M. degree from the same university. From his very year at law school, he had been attracted towards the discipline of Intellectual Property and that interest has been kindled further in course of time. The interface between IP and other disciplines such as Economics, Anti-trust Law, Human Rights, World Trade Law and the technological developments relating thereto, has especially caught his attention since then. He’s authored several papers on issues relating to IP and other legal disciplines for journals, books, magazines and conferences in national as well as international levels. He is also currently co-heading an organization called Lexbiosis, which is an endeavor meant to facilitate the collaboration between the legal industry and academia.

3 comments.

  1. AvatarAnonymous

    It is not a privilege to get an application identified as Traditional Knowledge since as per section 3 (p) of the Indian Patent Act an application which in effect is TK can not be granted a Patent

    Reply
  2. AvatarAnonymous

    Dont get swayed away by such type of Drama ! If an application has been screened as Traditional Knowledge that hardly makes any big difference.After Kurian left the crooks and power mongers of IPO are very carefull and doing things cleverly.During his partying time Kurianji removed two patent agents from the register of patent agents on nationality issues and passed relevant orders . The orders were duly uploaded in the website. But after he left the orders were removed after a hefty under the hand transaction between cg office and delhi office for saving the name of those two agents.
    Nowadays to cut the voice of Honest people in IPO , the present regime is forming different committees , if something is protested -they simply tell that its the committees lookout !
    But what to do? Even Anna Hazare failed on his crusade against corruption !
    WHISTLEBLOWER

    Reply

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