Category Archives: Traditional Knowledge

Parliamentary Standing Committee Report on Traditional Knowledge: Idealistic Expectations or Unworkable Ideas?

by Namratha Murugeshan September 8, 2021

Continuing our series of posts on the Parliamentary Standing Committee Report on Review of the IPR Regime in India, in this post I will be covering the Report’s recommendations on IPR and Traditional Knowledge (TK). The other posts on the Report can be found here, here, here, here, and here. Highlights from the Report The Committee Report’s observations on TK start off with a lament on how TK and indigenous inventions by grassroot level innovators often do not meet the…

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

by SpicyIP July 26, 2021

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As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report…

Overlaps in IP Trademark Traditional Knowledge

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks

by SpicyIP July 15, 2021

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We are pleased to bring you a guest post by Tahhira Somal, exploring existing frameworks of non-conventional trademarks, particularly those of smell marks, and assessing their role in the protection of certain traditional cultural expressions. Tahhira has a degree in Global Affairs, and is a final year LLB student at the Jindal Global Law School, Sonipat. Attars and Agarbattis: Protecting Traditional Cultural Expression through non-conventional Trademarks Tahhira Somal Nestled in Halsted, Chicago is a Michelin star restaurant that…

Biological Diversity Others Traditional Knowledge

Enabling the Use of People’s Biodiversity Registers within Environmental Impact Assessments

by Anupriya Dhonchak December 1, 2020

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This post was co-authored by Dayaar Singla and myself. Dayaar is a final year student at NALSAR University of Law. He is an editor of the Indian Journal of Intellectual Property Law and the Editor-in-Chief of the Law and Other Things Blog, which Late Prof. Shamnad Basheer was an initial contributor to. In this post we look at recent changes to the creation of People’s Biodiversity Registers (PBRs) as well as the draft Environmental Impact Assessment (EIA) 2020 notification to…

Others Traditional Knowledge

Cornrows and Cultural Appropriation: What is the Best Way to Protect Black Hairstyles?

by SpicyIP July 16, 2020

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We’re pleased to bring to you another guest post by our fellowship applicant Adyasha Samal, discussing the problems with the approach of protecting traditional cultural expressions (TCEs) under existing IP regimes, using hairstyles as an example of a widely appropriated TCE. Adyasha is a 4th year student at Hidayatullah National Law University, Raipur. This is her second submission for the Fellowship. Her previous guest post can be viewed here. Cornrows and Cultural Appropriation: What is the Best Way to…

Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You?

by SpicyIP January 23, 2020

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We’re pleased to bring to you an interesting guest post by Dr. Sunanda Bharti on IP protection of kathputlis and other puppets. Sunanda is an Assistant Professor in Law at Delhi University. She has written several guest posts for us in the past as well, which can be viewed here, here, here and here. Bol Ree Kathputli [Tell Me O Kathputli], What IP Rights Do I Have in You? Dr. Sunanda Bharti Introduction The art of making kathputli was given life by the Bhaat…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: The Story of ‘Sona Moti’

by SpicyIP July 29, 2019

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In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares the story of a variety of wheat recently named Sona Moti. In way of context, the post briefly describes the current revival of ancient grains globally, specifically Emmer wheat varieties. The story of Sona Moti demonstrates the issues of traceability in variety development and the importance of intellectually property-broad. The Story of Sona Moti Natalie Kopytko…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Model Farms and Farmers in Seva

by SpicyIP July 29, 2019

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In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares stories of farmers creating model farms to educate others about natural farming methods. The cultivation techniques are a crucial aspect to sustainable innovations; moreover, this story discusses community support and socio-economic sustainability. Model Farms and Farmers in Seva Natalie Kopytko Cultivation of traditional varieties, often termed Desi seeds, require no external inputs (chemical fertilizers or pesticides)….

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations – Ethical Issues (Part IV)

by SpicyIP July 27, 2019

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Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations: Ethical Issues to be Considered Mrinalini Kochupillai As discussed in Prong 3, blockchains/DLTs are essentially platforms that help manage data, and when designed and governed using appropriate models, can help solve problems of trust, traceability and equitable data collection, storage and use. Blockchain/DLT can also support and facilitate payments (including royalty payments) of equitable compensation to those sharing their data. Blockchains can be public or private (or a combination of public…

Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III)

by SpicyIP July 27, 2019

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Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III) Mrinalini Kochupillai (iii) Seed Certification, Safety and Efficacy: Re-distributing responsibilities and rewards India’s Seeds Bill[1] that has been pending since 2004, aims to establish certain systems that can facilitate the emergence of regional, national as well as international markets for indigenous/heterogenous seeds. For example, the mandatory seed certification requirement can help farmers and farmer groups get their varieties quality tested and…

{ Can a late submission of POA by opponent in case of opposition be allowed? Opposition maintainable? }
ravi { As a law student, I really enjoyed reading this blog and learned something new. Thank you for sharing this useful information. }
Vasant Savangikar { This is actually a non-issue. If developing countries have, in their Patent Acts, provisions of sections 84 to 94 as are present in Indian Patent Act, for causes... }
Shubham Dhyani { Great Post }
Shobhit { Prashant, have you analysed the territorial jurisdiction of various HCs over pending and new cases which would have gone before IPAB? I think there is a huge miss... }