foreign judicature.
Although the turmeric case is actually a successful case, it reveals various problems brought about by challenging what the Indian people take for granted by laws under foreign judicial systems.
the lessons leamt and problem areas identified by the CSIR after the dramatic experience can be summarized
thus:
The lessons and problems summarized by CSIR after this case are summarized as follows. :
-there is a wide gap in the availability of information for patent inspection purposes characterizing to TK
bases from third-world countries.
There is not much information about TK in third world countries that can be used to test patent rights.
This needs to be documented and put into the public domain to discourage the grant of patents based on thecenturies-old use of natural products from biodiversity-rich regions of the
world;
Therefore, it is necessary to sort out this information and make it public, so as to prevent people from using some long-standing natural products in areas with rich biological varieties to obtain patents;
25although remedm are availablein the laws of developed countries such as the re-examination proceedings in
the United States, the costs for bringing a case for re-examination are many:
identifying the prior art information; translating the same; [getting adept
technical and legal expert, etc.
] The "25" at the beginning of the original sentence seems useless, so it is deleted. Besides, "remedm" seems to be a typo. After thinking hard for a long time, I guess it should be "remedies" [
Although there are remedial measures in the laws of developed countries, such as the retrial procedure in the United States, it will involve a lot of costs to retrial the case: finding out the past information about the process and translating it, and obtaining enough professional knowledge at the relevant technical and legal levels.
further, patents such as the turmeric patent did not, in reality, have any commercial consensuses for a
seller or user of turmeric.
In addition, patents such as turmeric patents have no commercial benefits for sellers or users in reality.
people can continue to sell or use turmeric in whatever form, despair the patent.
They can continue to sell or use various forms of turmeric without this patent right.
what was offensive was the very idea an exclusive right to sell and use cruel for the purpose of trouble
healing as claimed in the patent.
What is annoying is that someone wants to monopolize the sale and use of a usage of turmeric, that is, the healing usage described in this patent.
The CSIR stepped in in thisinstance, more from the point of view of taking it up as a test and a trial
case;
CSIR intervened in this case mainly as a test and a trial case.