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NGO ’ s views on Curcumin case in India

APAA 54th Council Meeting 2007 , Alelaide, Australia Emerging Intellectual Property Rights Committee. NGO ’ s views on Curcumin case in India. November 18, 2007. Yuh-Gang YOON, Ph.D. Patent Attorney Zenith Patent & Law Firm . 1. Introduction.

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NGO ’ s views on Curcumin case in India

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  1. APAA 54th Council Meeting 2007, Alelaide, AustraliaEmerging Intellectual Property Rights Committee NGO’s views on Curcumin case in India November 18, 2007 Yuh-Gang YOON, Ph.D. Patent Attorney Zenith Patent & Law Firm

  2. 1. Introduction • The participation of NGOs in Convention of Biological Diversity (CBD) took place more slower than climate issue. • More than 150 countries signed on Biological Convention at the UNCED in Rio de Janeiro (June 1992). • The USA is not a party to the CBD. • This woke up NGOs to think that there must be something in CBD if USA is so frightened of it

  3. 2. Background of CBD • Conservation and sustainable use of biological diversity is important for protection of environment. • Genetic erosion, genetic engineering, extinction of species, destruction of ecosystem, and man-nature linkages were fused into one concept “biodiversity.” • This gives the birth of treaty “the Convention of Biological Diversity”

  4. 3. Demands by NGOs • To establish a system of protected areas and promote the recovery of threatened species (so-called in-situ conservation) • To establish facilities such as herbaria and gene banks (ex-situ conservation) • To use components of biological diversity in a sustainable way • To integrate biodiversity considerations in national decision-making • To adopt economically and socially sound incentives for the conservation and sustainable use of biological resources • To promote research and public education • To assess and minimize adverse impacts on biodiversity • To share with countries, indigenous groups and local communities which provide genetic resource the benefits which arise from the utilization of these resources • Tofacilitate access to genetic resources and (bio)technology for other parties

  5. 4. Point of argument on curcumin case in India • The source of curcumin being used in the preparation of Nanocurcumin is an Indian variety of turmeric (Curcuma longa) which is a biological resource, for the procurement of which no permission has been taken from the NBA as is mandatory under Section 3 of the IBDA; • Section 4 of the IBDA prevents the results of any research relating to biological resources occurring in or obtained from India from being transferred to any person who is not a citizen of India without the prior permission of the NBA • Section 6 of the IBDA also prevents the filing of an application for intellectual property rights based on an Indian Biological Resource without the prior approval of the NBA • section 3 or section 4 or section 6 shall be punishable with imprisonment for a term which may extend to five years, or with fine which may extend to ten lakh rupees (Section 55 of IBDA)

  6. 5. Unpatenable • - In the specification of Indian patent application, the source or geographical origin of biological material used for the invention was not completely disclosed or wrongly mentioned • - The invention is anticipated from a knowledge, oral or otherwise, available within any local or indigenous community in India or elsewhere.

  7. 5. Recommendation by NGOs • There is a need for the further development of the Access and Benefit Sharing (ABS) process. Basic biological research is seriously hampered by many of the current national ABS regulations. • All countries are encouraged to ensure that measures are taken against the illicit use of genetic resources within their jurisdiction, • Mutual trust, cooperation and communication among all countries are essential.

  8. Contact • TEL : +82-2-888-3066 • FAX : +82-2-888-3678 • E.mail : yuhgang@ipnlaw.com Thank you

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