tag:blogger.com,1999:blog-15602189.post5463355503275788031..comments2023-09-21T16:17:51.838+05:30Comments on Law and Other Things: Guest Post: A Critique of Kerala's IP PolicyAnonymoushttp://www.blogger.com/profile/09348738084817273397noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-15602189.post-26930105650737991402008-07-05T15:46:00.000+05:302008-07-05T15:46:00.000+05:30It is very difficult to say there is no provision ...It is very difficult to say there is no provision under the IPR rigime for traditional knowledge. Only the problem is nobody understood what is this traditional knowledge, it which has come from generations to generations. Can we say that we learnt what our forefathers have learnt. At least they had the wisdom but we lack not only wisdom nor we have left with any tradition. Only the poor those who live in forests and some scheduled cast and Tribes do have some knowledge that too they themselves do not what to do with that, under the present circumstances. Everybody is trying to out smart and get away with some formulations from here and there. Some smart multinationals have hired some people to pirate these also. Once one says it is traditional knoledge coming from ages its value is not there in IP regime, which is valid only for 20 years presently. But formulations as such can go as copyrights, which are limited to only sixty years. What this knoledge is needed is just make the formulations get some IR, UV, and other mass spectra and give the results what they supply to the body, like VitA, B,C,E,K and may be minerals proteins or carbohydrates and the overall energy it can give for serving. There can be any combinations and permutations as nymber of element of the natural product increases. It becomes more and more complex as the number of natural products increases. All this mess is because of making extra money and exploiting the poor and down trodden further by the elite groups for the companies/institutes they work for. From the posts and the flack that I have seen on these Kerala IPR issues I come to conclussions that non of the persons have any competancy to talk about Traditional knowledge. I wonder why either Central or other state governments do not have taken any initiation. Unfortunately Kerala Government has gone to non-professionals in this area and made a mess of it as it has done with TDB and other issues.Nikyrajahttps://www.blogger.com/profile/00533054192936369079noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-4930766156640137642008-07-04T19:35:00.000+05:302008-07-04T19:35:00.000+05:30The fundamental question on stateownership, deemed...The fundamental question on state<BR/>ownership, deemed or otherwise on<BR/>traditional knowledge (TK) still remains unanswered. <BR/><BR/>"The State is more concerned about the misappropriation of "Traditional Knowledge" by corporates with minor modifications on such knowledge making it patentable by meeting basic minimum legal standards to qualify the novelty and "inventive step"."<BR/><BR/>If this is the apprehension then<BR/>the solutions should focus on<BR/>overcoming the 'problems' in the patent system, rather than moving towards state (mis)appropriation<BR/>of TK.ரவி ஸ்ரீநிவாஸ்https://www.blogger.com/profile/10176389904737294055noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-44777650840726351632008-07-04T10:23:00.000+05:302008-07-04T10:23:00.000+05:30We only expect the improvements in Knowledge to be...We only expect the improvements in Knowledge to be put back to the realm of "Knowldge Commons". The Researchers can take out a patent on substantially improved version of TK with the consensus of its right holders.<BR/><BR/> Well, why should some one pay renewal fee of patents regularly and put it to "knowlege commons". So we do not expect that someone would put their patent into "Knowledge Commons. This is a flawed concept.R S PRAVEEN RAJhttps://www.blogger.com/profile/13359547874004179382noreply@blogger.comtag:blogger.com,1999:blog-15602189.post-2713059103109392932008-07-04T10:03:00.000+05:302008-07-04T10:03:00.000+05:30The Policy was not made that casually as many inte...The Policy was not made that casually as many interpret. The Concepts like "Knowledge Commons" and "Commons License" were very well studied and deliberated prior to introducing the "Innovative Concept" of "Traditional Knowledge Commons".<BR/> <BR/><BR/>The Terms like "Knowledge Commons", "Creative Commons" etc. used in the Policy document are very much in line with the fundamental concepts to recognise "Knowledge as Commons". Here "Knowledge Commons" refer to the knowledge, which is the collectively produced sphere of ideas and which is left unencumbered for the greater benefit of all its "subscribers" and "contributors". Indeed many of the Digital Libraries are now on their way to becoming 'Knowledge Commons'.<BR/><BR/> <BR/><BR/>The "Commons License" concept envisaged in the Policy shall not be confused with the seasoned free software concepts (or open source) and "Creative Commons" licenses like GNU GPL, LATEX etc. which mostly applies to "Expressions" protectable under Copyright. We thought of adopting this concept because it provides for utilisation of the Knowledge for non-commercial purposes. It can also be adopted as tool to prevent private appropriation of Knowledge. To quote Lawrence Lessig, founder of Creative Commons, it is "a culture in which creators get to create only with the permission of the powerful, or of creators from the past"<BR/><BR/> It is not a kind of compulsory licence, but is a kind of "deemed licence" which normally applies on the user of TK, the moment he decides to employ it for any purpose. Specific provisions for such "Traditional Knowledge Commons License" will be worked out to ensure free, non-commercial reproduction and codification of the Traditional Knowledge. The intention of the proposed legislation is to give effect to such "deemed license" by introducing such provisions directly in the Act rather than leaving it to be governed by agreements/contracts between persons.<BR/><BR/> <BR/><BR/>Hence the knowledge is revealed for documentation, and enabling further research thereof. <BR/><BR/> <BR/><BR/> Therefore possibility of patenting of TK and improvement thereon by corporates is obviated. <BR/><BR/> <BR/><BR/> While the Policy proposes to dedicate TK to "Knowledge Commons", there is no stipulation that break through inventions like development of a new drug molecule or the process thereof which involves substantial developmental cost need not form part of "collectively produced sphere of ideas" or "Knowledge Commons" in the strict sense though Traditional knowledge may form the basis of its origin.<BR/><BR/><BR/> The State is more concerned about the misappropriation of "Traditional Knowledge" by corporates with minor modifications on such knowledge making it patentable by meeting basic minimum legal standards to qualify the novelty and "inventive step".R S PRAVEEN RAJhttps://www.blogger.com/profile/13359547874004179382noreply@blogger.com