LAW BUDS

Introduction: Intellectual property is an intangible form of property while a 'Patent' is a subset of intellectual property. Granting of a patent provides a statutory right by the state to the inventor of the invention to exclude others from making, using, or selling their invention for the limited duration of 20 years. The judgment given by the two judge bench of the Hon'ble Supreme Court of India in the case of Novartis AG V. Union of India is one the landmark judgments in India. In this case Novartis challenged the rejection of its patent application by IPAB for Beta crystalline form of "Imatinib mesylate" wherein such challenge was rejected by the Supreme Court of India on the ground that the said drug did not produce an enhanced or superior therapeutic efficacy as compared to the known substance i.e., "Imatinib mesylate" means that the said drug did not involve an  inventive step . One of the major reasons for rejecting the patent application of...

What is Traditional Knowledge? Knowledge base which is developed by indigenous, local or native community has been preserved and passed on to generations, so much so, that it becomes the identity of such community. Traditional knowledge can be found in variety of concepts such as calculation of time, food article, plant properties, spice uses, yoga practices etc. The most essential factor of Traditional Knowledge is that it has  ancient roots  and it is often  oral. Why Traditional Knowledge must be protected? Need to protect traditional knowledge have increased with changing time, especially in order to stop unauthorized and commercial misuse of such knowledge. It is important to protect the indigenous people from such loss and also help them to preserve such ancient practices. Protection to TK shall also promote its wider and efficient use. Protection of Traditional Knowledge The most difficult aspect of traditional knowledge is in its protection. There has ...

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