Community Knowledge Right

7/28/2019 Community Knowledge Right

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COMMUNITY KNOWLEDGE PROTECTION

AND

SAFEGUARDING TRADITIONAL IND

KNOWLEDGE SYSTEM

SUBMITTED TO: SUBMI

MRS. Namita Bhatnagar ManeeMukesh

Namish

Neha Ty


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COMMUNITY KNOWLEDG

A community is essentially a group of people that are living in a

area. This can be physical or it can be with everyone sharing com

interest.

Knowledge is that familiarity which is gained by actual experienc

skill.

Here, Community knowledge refers to a group of people perfor

task in a particular area & having practical skill and experience.


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PROPERTY RIGHTS

Property Rights are rights, which are provided to the creators of

INTELLECTUAL PROPERTY can be defined as all innovative pro

creation of mind & brain that cannot be touched, seen or moved

great value & provides competitive business advantage.

In other words it can be said that intellectual property rights in c

human mind, which arise under the laws of patents, copyrights

trademarks, trade secrets, unfair competition related laws


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TYPES OF PROPERTY RIGHTS

COPYRIGHTS:

Copyrights is available for any literacy, dramatic, musical, sound recording Infringement of copyrights entitles the owner to remedies of injection, dam

Copyright act, 1957 & amendments in 1997 & 1999.

Ex:- Tata Steel

TRADEMARKS:Trademarks refers to any sign, or combination of sign, symbols or marks tha

distinguishing the goods or services of one undertaking from those of the o

undertakings, Trademark Act, 1999


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PATENTS

Patents are generally for a new useful product & process.

A process can be patented if the process results in producarticle or more useful or cheaper article than what is prod

old method.

A Patent is a right granted by the government, which co

patentee for a limited period the exclusive privilege of mselling or distributing & using an invention in consideratio

disclosure of invention.

Patent granted in India is valid in INDIA only


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GEOGRAPHICAL INDICATIONS

Geographical indications basically indicates that th

are originated from or are manufactured in a partterritory region or even locality.

The GEOGRAPHICAL INDICATION of Goods ACT,19

come into force with effect from September 2003


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INDUSTRIAL DESIGN

The feature of shapes, configuration, pattern ornament, comp

lines or colors applied to any article by an industrial process wo

under this category.

Design Act,2000

Following points are given importance:-

Right to exclusive use of design

Right to protect the design from piracy

Usage of rights even against the government


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Safeguarding TraditionaKnowledge System


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INTRODUCTION OF SAFEGUARDIN

TRADITIONAL

Most interpretation of the term traditional knowledge inco

innovation and the volume of knowledge continually developused, practiced, transmitted and sustained by communities tgeneration supported by their ecology, environment, lifestyle,societies and culture.

India like any other ancient civilization has numerous traditioknowledge system, for example Ayurveda, Yoga, Meditation sy

Traditional knowledge can therefore include: medicinal knowagricultural knowledge, cultural knowledge in the form of musliterature, folklore etc.


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CASES OF PIRACY

Basmati Rice :

Basmati is a long grain aromatic rice

originating in the sub-Himalayan region of

India sub Continent.

India and Pakistan, while focusing their

attention on disputing the patent claims, had

also alleged that Basmati is a geographical

induction.


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TURMERIC:

Use of Turmeric in wound healing to the

university Of Mississippi Medical Centre, Jackson, U

CSIR Challenged the patent and it was revoked on

21st April 1998, due lack of novelty


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PHYLLANTHUS NIRURI AND OTHER AYURVEDIC DRUG

Phyllanthus Niruri has been a traditional treatment for jaund

forms of hepatitis and other liver disorders in India for centuribeen used as folk remedy as well as in formulations of Indian smedicine like Ayurveda, Siddha and Unani.


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NEEM:

The neem tree is used as medicine,

as a bio-pesticide, bio-fertilizers,

bio-fungicide Nitrogen-fixer in the soil etc.

The Indian community has used various part of the neem,

including its branches and twigs to clean their teeth for

Millennia.

Indians have always used the neem in agriculture, as a

bio-pesticide, bio-fungicide etc. The Indian scientific community

Had developed storage stability of Neem - based product as early

as 1969


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Neem based medicinal and agricultural products , containing coazadirachtin, have been produced commercially by both the smacottage industry sector as well as by large cooperation like Gudre

JP Margo n collaboration with W.R Grace, purchases seeds as Rs4000/- per ton, raising the price beyond the reach of the majoritor small scale producer of Neem products.


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BIKANERI BHUJIA

Bikaneri bhujia is a local snack invented by the cook of one of the erstwhilof the India state of Bikaner, an invention shared with the community at lar

The production of this snack is today in the cottage industry sector, and prolivelihood to over 25,00,000 people, including women , farmers, brass worktraders, hawkers, etc.

Almost 8 lakh kilogram of Bhujia are sold everyday throughout the

world, under the name Bikaneri Bhujia.

Pepsi food Ltd. Has entered this business initially as a trader,

buying the bhujia from local producers and selling it under their brand na

Lehar Namkeen


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YOGA As many as 134 patents on yoga accessories,150 yoga related copyrights and 2,315 yoga

trademark have been granted by the US patentoffice.

This database ,comprising bodycleansingproperties, breathing exericies,yoga symbols

called mudras,postures and special practicesuch as floating in water will be digitallydocumented in five major internationallanguages so that it can be shared withprominent patent office around the world.


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REASONS FOR PROTECTING TRADITIO

KNOWLEDGE

1. ECONOMIC REASONS.

2. ECOLOGICAL REASONS.

3. PSYCHOLOGICAL REASONS.


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LEGISLATIVE PROTECTION

To prevent such rampant misuse of traditional knowledg

Government has enacted the Geographical indication of G

Geographical indications are distinctive signs identifyingseveral undertakings located in a specified geographical a

In in India, possible geographical indication can be BasmBikaneri Bhujia, Darjeeling Tea, Kolhapur Chappell, Agra Pkanchivaram Sarees, Nagpur Orange, Pashmina Shawls, et


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STRATEGIC MANAGEMENT OF

INTELLEECTUAL PROPERTY RGH

Today business entrepreneurs prefer o execute loagreement, non-competition and non-discloseragreements with individuals to whom intellectuarights of the business have been revealed.

It is recommended that before revealing any inforabout any kind of intellectual property to public itregistration must be done.


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CONCLUSION

After independence, modernization is taking placare loosing our traditions and spiritual legacy.

There is a keen need to revive the Indian Ethos anTradition.

We should try to realize the importance of the truof Indian Heritage.


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BIBLIOGRAPHY

Intellectual Property Rights: Bansal, Ipshita and PuroHarsh.

http://www.law.ed.ac.uk/ahrb/publications/online/v

http://www.wto.org/english/thewto_e/minist_e/mi

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Community Knowledge Right