LIFE FORMS, HERBAL DRUGS AND PATENT REGIMES. M.P.NAYAR Consultant ENVIRONMENTAL RESOURCES RESEARCH CENTRE, TRIVANDRUM. INTELLUCTUAL PROPERTY RIGHTS. PATENTS PLANT BREEDERS RIGHTS COPY RIGHT TRADE MARK INTERNATIONAL CONVENTIONS TRADE RELATED INTELLUCTUAL PROPERTY (TRIPS)
ENVIRONMENTAL RESOURCES RESEARCH CENTRE, TRIVANDRUM.
PATENT AMENDMENT ACT OF 1999. APPLICATIONS
FOR PRODUCT PATENTS IN AGRO CHEMICALS AND PHARMACEUTICALS WOULD BE EXAMINED IN 2004 AND GRANTED IF IT MEETS THE STIPULATIONS IN 2005.
PATENT 2ND AMENDMENT BILL: INTRODUCED IN THE PARLIAMENT - NOT YET PASSED.
AS PER ENDOSYMBIOSIS A PRIMITIVE PLANT
CELL HAS SYMBIOTIC ASSOCIATION OF
UNICELLULAR CYANOBACTERIA FUNCTIONING AS
PHTOSYNTHETIC PLASTID AND BACTERIA
FUNCTIONING AS MITOCHONDRIA.
American lawmakers in 1987 (USPTO) ISSUED AN
ORDER THAT EXTENDED PATENT PROTECTION TO
ALL”MULTICELLULAR LIVING ORGANISMS, INCLUDING ANIMALS, EXCLUDING HUMAN BEINGS.
( Swiss-type”) - UTILITY PATENTS
conservation of biological diversity and sustainable utilisation; regulates access to biological reources through National Biodiversity Authority and through State Biodiversity Boards.
Allows free access to biological resources to citizens of india for research; use of bioresources for traditional systems of medicine (Vaids & Hakims); Protection of Indigenous knowledge.
THE FEAR OF BIOPIRACY LED TO BUREUCRATISATION OF
PERMIT SYSTEMS WHICH WOULD AFFECT COLLABORATIVE SCIENTIFIC RESEARCH ON BIODIVERSITY
Includes transgenics in the definition of “Variety”. The bill provides for a protection of 15-18 years. Researchers are given excemption for use of the protected variety. The registration of essentially derived varieties shall requisre authorisation by the breeder of the initial variety.
Protection is prohibited to environmentally harmful transgenics or those have “Terminator technology”
(Registration and Protection) Act, 1999.
Intends to register and protect Geographical Indications.
A statement of how geographical indication of goods originating from the concerned territory is known in respect of quality, reputation or other characteristics which are exclusively or essentially to the geographical environment.
Of the 416 herbal patents filed in the US Patent office (1996-
2001), only 18 belonged to India, while US has 134 patents
and Canada has 66 herbal patents.
There are 174 processes patents for Castor, used for industrial
and non-food products.
The companies which have developed several Castor processes
could form a cartel, trying to get the raw materials from India
at a low price.
The above principle holds good for several herbal products
unless we move faster in developing high quality scientific
work on “Utility Patents”. Madan Diwan, Coordinator, World
Agricultural Forum (2001). rediff.com.
Liquid Extract, Low Temperature Vaccum concentrater, Liquid concentrate, Granulatioin, Low Temperature Vacum Oven, Milled to tiny granulation, Tablet punch. Enteric coat, Finished tablets ( Tested for Friability, disintegration, physical properties, active compounds).
Afflatoxins and Radiation levels.