REGIONAL DEVELOPMENT AND IP
IP COLLEGIUM
MARCH 6-7, 2019 PHILIPPINESSamrat Mehta
Advocate & Solicitor (UK)
MEHTA LEGALINDIAINDIA & IP LAWS
INDIAN LEGAL FRAMEWORK ON INTELLECTUAL PROPERTY• Trade Marks Act & Rules• Patents Act & Rules• Designs Act & Rules• Copyright Act & Rules• Geographical Indication Act & Rules• Protection of Plant Varieties & Farmers’ Rights Act & Rules• Semiconductor Integrated Circuits Layout-Design Act & Rules• Biological Diversity Act & Rules
Samrat Mehta, India

INDIA & TRADITIONAL KNOWLEDGE (TK) – 1• Traditional knowledge (TK) is knowledge, know-how, skills and practices that are developed, used and passed onfrom generation to generation within a community or region, as a part of its cultural or spiritual identity• TKDL of INDIA – TRADITIONAL KNOWLEDGE DIGITAL LIBRARY• One of first and unique in the world• Biggest database collection of Indian Traditional Knowledge on Ayurveda,Yoga, medicine, food, culture• Established in year 2001

• TKDL is created to protect India’s rich & historical traditional knowledge & information• Foreign Patent offices are receiving claim of Patents based on India’s traditional knowledge• Languages: TK in India available in multiple ancient languages like Sanskrit, Urdu, Arabic, Persian• Translation: TKDL is translated into English, Japanese, French, German & French• TKDL’s translation into foreign languages easy & direct weapon to protect TK of India in foreign Patent offices
Samrat Mehta, India

INDIA & TRADITIONAL KNOWLEDGE (TK) – 2TKDL of INDIA – Website with search

Samrat Mehta, India

INDIA & TRADITIONAL KNOWLEDGE (TK) – 3
TKDL of INDIA• TKDL is a database containing codified
literature from Indian Systems of Medicine.
• Database of more than 297183 traditional
medicine system of India gathered from 135
books of Ayurveda, Unani and Siddha and 15
books of Yoga and still updating……
• Database of 30 million pages• Classification as per International PatentClassification (IPC) for easy examination ofPatents• 27000 sub-groups of Ayurveda, Unani andSiddha and Yoga like IPC easy foridentification in Patent Examination
Samrat Mehta, India

Access Agreement withPatent Offices (year-wise)• 2009 – EPO, USPTO & Germany• 2010 – UK & Canada• 2011 – Japan & Australia• 2014 – Chile• 2015 – Malaysia• 2017- Russia & PeruINDIA & TRADITIONAL KNOWLEDGE (TK) – 4
Benefits ofTraditional
Knowledge
Database• Ease of Patent Examination• Erroneous or Frivolous claims in Patent can be rejected• Protection of Traditional Knowledge• Freely available to every person to use such knowledge andinformation

Effect of
Traditional
Knowledge
Database• TKDL expert group information: Every year at least 2000 Patents are
filed on basis of TK• Patent based on the wound healing properties of turmeric is revokedin USPTO• Patent based on the antifungal properties of neem is revoked in EPO• More than 200 Patents are identified in EPOSamrat Mehta, India

INDIA & TRADITIONAL KNOWLEDGE (TK) – 5• Traditional Knowledge under Patent Act in India• Sec. 3 (p) of Patents Act statutory prohibit and recognised that any invention based on TK is not an invention• Sec. 3 (p) of Act: an invention which, in effect, is traditional knowledge or which is an aggregationor duplication of known properties of traditionally known component or components.
• Guidelines are issued to examine the patents filed before Indian Patent office and such Patents are separately
examine with strict evidences• Separate publication of patents based upon TK before Indian Patent office• Bio Diversity Act 2002 and Protection of Plant Varieties and Farmers’ Rights Act 2001are also in force
to protect traditional knowledge and to restrict Bio-piracy• Bio-piracy is a term used when a naturally occurring substance or traditional knowledge is used and patented bycorporations or others

Samrat Mehta, India

INDIA & GEOGRAPHICAL INDICATION (GI) – 1• Geographical Indication is one of facet of Traditional Knowledge which got the legal
recognition.
• India one of largest countries in the world respectively in area and populations• India has special law for Registration and Protection of Geographical Indication• Year 2003, The Geographical Indications of Goods (Registration andProtection) Act, 1999 came into force• In India, Government has established a separate authority and registry for GI
registration• More than 300 Geographical Indications are accepted & registered with GI Registry
Samrat Mehta, India

INDIA & GEOGRAPHICAL INDICATION (GI) – 2
Object of the Act• By specific law governing the geographical indication of goods in the country which could adequately protect
the interest of producers of such goods,• To exclude unauthorized persons from misusing geographical indications and to protect consumers fromdeception and,• To promote goods bearing Indian Geographical Indication in the export market.

Definition of G.I. under India’s Act:
• Sec. 2 (e): G.I. means• an indication which identifies such goods as agricultural goods, natural goods or manufactured goods asoriginating, or manufactured in the territory of a country, or a region or locality in that territory, where agiven quality, reputation or other characteristic of such goods is essentially attributable to its geographicalorigin and in case where such goods are manufactured goods one of the activities of either the production orof processing or preparation of the goods concerned takes place in such territory, region or locality, as thecase may be.
Samrat Mehta, India

INDIA & GEOGRAPHICAL INDICATION (GI) – 3• G.I. means• an indication of goods• which identifies such goods as agricultural goods, natural goods or
manufactured goods• which is from specific territory or area of a country• which is having special characteristic because of its geographical origin• such goods are manufactured or produced in such territory• such goods should have special quality and reputation with that
territory
Samrat Mehta, India

BENEFITS OF GEOGRAPHICAL INDICATION

Source identity
for consumers

Legal protection
to Genuine
Products

Recognition tooriginal
producers ormanufacturer

Samrat Mehta, India

Give economicalbenefits andprosperity to thepeople specificterritory whichmakes GI famous

Prevent
unauthorised useof GI tag or area
name by others

Increase sales
and reputation ofGI

Increase theexport of producthaving genuine
GI tag/produce
rather thanexporting theproduct with fakeGI tag.

G.I. STATUS IN INDIA - 1• 644 Geographical Indication applications are filed till Jan’2019 as IP officerecords• 330 are registered as Geographical Indication• Application of G.I. in India are consist of Agriculture produce, Handicraft,
Textile and Food products• GI office in India also granted registration to G.I. of foreign countries like
USA, United Kingdom, France, Italy & Portugal• Foreign G.I. includes Scotch whiskey, Champagne, Cognac, Napa Valley, Porto,Prosecco
Samrat Mehta, India

G.I. STATUS IN INDIA - 2
Indian GI has granted registration as GI to some of world famous produced of India• Basmati Rice

• Tirupati Laddu• Darjeeling Tea• Banana of different states• Alphonso Mango• Wooden Furnitures• Mysore Silk
• Mysore Sandal Soap

• Shantiniketan LeatherProducts• Pashmina wool

• Thanjavur DollSamrat Mehta, India

G.I. OF INDIA*Image is taken for reference & academic purpose only. Source: internet search
Samrat Mehta, India

RECENT G.I. DISPUTES OF INDIARasogulla Case
The Battle between West Bengal and Odisha for the Geographical Indication origin ofRasgulla was in dispute as both West Bengal and Odisha was claiming that it was originatedin their state and hence Geographical Indication should be given to them. In year 2017 thecourt decided that the Geographical Indication should be given to West Bengal.

The Tirupati Laddu
The Tirumala Tirupati Devasthanam trust submitted an application for registration of Tirupati
Laddu as GI. It got registration in September 2009, but the registration were criticised as GIs
are meant to benefit a community of local producers and act as an appellation or indicatorof the geographical original of the product. This would mean that everyone from Tirupati
should have the right to use GI on “Tirupati Laddu”, as long as their laddu geographicallyoriginates in Tirupati and has the same delicacy and features attributable to the laddu that isprepared by the temple trust.

Basmati RiceMadhya Pradesh lost its claim over GI “Basmati” before APEDA in 2018. MP was denied theuse of word “Basmati” for their aromatic rice crops. However, farmers of M.P are allowed togrow it but not allowed to use the GI which was given to only Seven States in the IndoGangetic plains on the foothills of Himalayas: Punjab, Haryana, Himachal Pradesh, Delhi,Uttarakhand, Uttar Pradesh (west) and two districts of Jammu & Kashmir (Jammu andKathua).
Samrat Mehta, India

Thank you
JIPII and IP Collegium

Samrat Mehta
Advocate & Solicitor (UK)
MEHTA LEGAL
info@mehtalegal.in