Do All Established Traditions Deserve To Remain In Existence Essay

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In today’s knowledge driven economy, information generation and R&D have assumed key importance in determining the public perception.

Consequently, the understanding of the knowledge based assets such as, innovations, ideas and designs and their management has undergone a change; in which ownership has become a critical issue.

This paper is divided in two sections; firstly, intellectual property rights (IPRs) and Plagiarism rights and the rationale behind them, and; secondly, study on the particular concern over Indian context.

Thus a human facilitating overall development of socio-economic and cultural aspects of the society must be encouraged, and the creator or the innovator must be rewarded by suitable legal protection for his intellectual creation.

Intellectual Property defined in terms of unused original and creative ideas or works protected by patent, copyright, trademarks and trade secret laws, further classified into patents for inventions, copyrights for literary works, trademarks, and trade secrets in the globalising world characterised by multilateral trade, increasing transparency etc have become more vulnerable to infringements.

Thus, the central thinking behind the IPR is that the author must get his due, which will further encourage him to keep up the R&D.However, all these issues have to be reviewed afresh with globalization, information and communication technologies and knowledge factors playing a leading role in world affairs.The purpose of this paper is to critically review all issues related to IPR includeieng trademarks, copyright, plagiarism, by taking into account some case studies from India, and plae them in international perspective to draw broad future guidelines.In an era of development one expects a wide number of IP rights coming up which require protection all over the world including India in all areas of software, management, science and technology, market and business models.New ideas, expressing products meant to improve the quality of the life, are a part of the human civilization thought lacked formal protection in earlier times.Patent means a patent for any invention granted under this the Patents Act, 1970. Simply put, for anything to be patentable it needs to be new and not obvious. It should be not obvious to a ‘person skilled in the art’ [Sec 2(1)(ja)].A person skilled in the art is a person whose mind has been tutored in the relevant art and is a person who has been presumed to have knowledge of all the relevant material with regard to that art.Now, an invention that is in effect traditional knowledge or which is an aggregation or duplication of known properties of traditionally known properties of traditionally known component or components is not an invention.[Section 3(p)] In other words, any invention that does not add anything new and non-obvious to something that has been already known in the form of traditional knowledge is not a ‘new invention’ and hence cannot be patented.So, since the aforementioned criteria of patentability, that is, novelty and non-obviousness are not met in case of traditional knowledge, it is not patentable.The protection conferred by the patent is limited in time (generally 20 years). The Indian Council of Scientific and Industrial Research while quoting from Vedic and Sanskrit texts argued that in India, turmeric has been used for centuries and its healing properties are well known. Thus, there emerged an important question related to any knowledge passed on from generation to generation and reflects culture identity for a community and if there is any need for its protection. An invention is something that involves an inventive step.[ In 1995, two Non-Resident Indians were granted a patent on “use of turmeric in wound healing” in the U. Before we further elaborate “traditional knowledge” and its India context that it is not patentable, patentability has to be defined. An inventive step is that element of the invention that makes the invention novel and non-obvious.


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