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Patent trends in ICAR institutes- A Review
There is growing awareness amongst research institutes though comparatively feeble and less competitive than the fierce corporate in filing and protecting their IP rights. We aim to go through and highlight statistics that will help identify and address patent protection matters and related issues. The current study provides a glimpse into the status of patent grants in Indian Council of Agriculture Research (ICAR) institutes. The website of the Office of Controller General of Patents, Designs and trademarks was used to access the patents granted to all the ICAR institutes addressing all forms of plant and animal research and an overview is presented. Areas of agro machinery, agrochemicals, food and dairy technology have the maximum number of innovations patented in the last decade with IARI being the top applicant and grantee
Need of Data Exclusivity: Impact on Access to Medicine
Pharmaceutical companies put reasonable time and money to generate safety and efficacy test data during clinical trials while applying for the marketing approval for any new chemical entity. They need protection of that data from being used by the generic produces companies for the same compounds. Data exclusivity (DE) provisions are different in different countries and respective country’s pharmaceutical industry usually influences the formulation of those provisions. DE adds an extra layer of protection for the drugs irrespective of the patent protection status, thus control access to medicine. This paper will analyze how pharmaceutical companies are trying to retain the market exclusivity by enforcing DE and how it is affecting the health issues of developing and least developed countries. It will also highlight the impact on DE on accessibility and affordability of life saving drugs. This paper will discuss the stand of developing and least developed countries including India and evaluate why these countries are not interested in implementation of DE in their national legal regime and it will also confer how to achieve balance between the economic interest of the originator companies and the public interest towards access to medicine.
India’s options for improving affordable access to lifesaving patented medicines.
On the lines of the cautionary observation made by the Hon’ble SupremeCourt in Para 156 of the Lordships’ order on Gleevec[i],the ongoing Patent litigations in India seem to be equalling or crossing thecost estimates of US Patent litigations. Doha Declaration has not madeaffordable access to lifesaving medicines as expected. Exemptions and Legalprovisions enshrined in the Patents Act, 1970(such as Compulsory Licence andRegulatory exemptions) are also being denied and delayed through protracted litigations burdening theIndian Pharma SME sector. It is, therefore, desirable to look at and evaluateoptions available to India for improving and facilitating affordable access tolifesaving medicines within the Indian Patent legal system. Such options arediscussed herein.[i] Novartis AG v. Union OfIndia & Others, Civil Appeal Nos. 2706-2716 of 2013 and Civil AppealNo. 2728 of 2013 and Civil Appeal Nos. 2717-2727 of 2013 Supreme Court of Indiaorder dated April 01, 2012, http://judis.nic.in/supremecourt/imgs1.aspx?filename=40212(05 September 2013)
Patent Infringement by ANDA Filing
Courts are in general designed to adjudicate past events (e.g., crimes and torts which have already occurred). Thus, for example, proving patent infringement merely requires showing the court the on-market product, and comparing it to the patent at issue. United States law, however, provides for a fundamentally-different kind of infringement: potential future infringement by a future generic pharmaceutical product which does not yet exist because it has not yet been approved for marketing. This type of infringement requires U.S. courts to adjudicate future events, predicting the likely characteristics of the future generic pharmaceutical. In requiring a court to adjudicate a potential future event, this type of infringement can pose a unique evidentiary challenge to judges. This article discusses how U.S. judges evaluate potential future infringement by generic pharmaceuticals
Impact of Awareness Programmes and Capacity Building in Farmers’ Plant Variety Registration under the PPV &FR Act
Indian PVP law is unique as it simultaneously aims to protect the plant breeders and farmers. In the initial years of law implementation, the progress with respect to registration of farmers’ varieties was not only slow but also inconsistent, and the trend was erratic. The receipt of applications for Plant Genome Saviour Awards was also meagre due to non-awareness with the farming community in the agro-biodiversity rich regions. With planned awareness programs in collaboration with NARS, NGOs and KVK system throughout the country resulted in receipt of more number of applications for farmers’ varieties registration and also for awards indicating that the training programs to the trainers and farmers, national dialogues on farmers rights, exhibitions and publications in local newspapers play an important role in confidence building and clearing misconceptions about filing IPR. It is suggested to organize large number of capacity building programs to both trainers and farmers in the agro-biodiversity rich regions to attract more farmers/farming communities for filing applications both for registration of farmers’ varieties and the Genome Saviour Awards
The Supreme Court Clarifies Indian Patent Invalidity Proceedings
Indian Intellectual Property Scenario is developing at a very fast rate, in India and one finds some or the other newspaper headline related to the same. The current section is being devoted to presenting the current IP news in the limelight to keep the readers abreast with the changing trends. The First spotlight is on the latest Supreme Court Ruling in the area of the Patent procedur
Indigenous technical knowledge of Assam for pests management – Exploit potential in organic agriculture
One neighborhood investigation was conducted amongst 500 farmers of Nagaon, Golaghat, Jorhat and Dibrugarh districts of Central Brahmaputra valley Zone and Upper Brahmaputra valley Zone of Assam. Only 21.8% of farmers completely practiced the indigenous technology knowhow (ITK) for pest management, though 48.4% were aware about ITKs, whereas 41.8% famers apply synthetic chemical driven approaches. A total of 30 different types of ITKs had been collected which weresorted out crop wise and placed in different groups based on their use i.e. rice (20), pulses (1), tuber crops (3), vegetables (2) and fruits (4). It is speculated that a comprehensive study on different ITKs of Assam and their appropriate validation could be the valuable components for organic farming technology.
Ethnopedological knowledge of upland Karbi Community: A case study from Dima Hasao District of Assam, North-Eastern Himalaya, India
This paper describes the ethnopedological knowledge of indigenous upland Karbi farmers inhabiting a hilly area of Assam, India. Semi-directive interviews, focused group discussion and joint field visit methods were used for eliciting information on soil from key knowledge holders identified through chain referrals. Soil was classified into eight folk types based on fertility which were determined via its physical properties viz., colour, texture, water retention capacity and compactness. This classification helped them in land-use and crop-selection related decisions and some other uses. Plant species viz., Albizia spp., Imperata cylindrica, Lantana camara and Schima wallichii indicating soil fertility were valued for identification of most suitable jhum sites. To minimize soil erosion, indigenous techniques like inverted ‘U’ shaped channels, maintaining standing trees and cut stumps, and placing horizontal wooden logs across shifting agricultural fields on steep slopes were employed. The laboratory analysis of physico-chemical parameters viz., bulk density, colour, texture, water holding capacity, pH, soil organic carbon and total nitrogen support the ethnopedological knowledge of the farmers. Study may help in preservation and protection of local knowledge on soil which is eroding fast under the influence of modernity
Antioxidant mediated defensive potency of Caesalpinia bonducella nut on Acetaminophen-inebriated spleen and cardiotoxicity: Implications on oxidative stress and tissue morphology in an In vivo model
Overdosing on medications can be unintentional or deliberate. Acetaminophen (APAP) is a widely used over-the-counter analgesic and antipyretic drug. APAP overdose can induce spleen and cardiotoxicity apart from hepatotoxicity. Bonduc nut is well-known for its medicinal and therapeutic properties. More scientific data is necessary to be therapeutically relevant. This study examined the effects of Bonduc nut extract (BNE) on APAP-induced spleen and cardiotoxicity in Wistar albino rats. The rats were divided into five groups of six rats each. In vitro assays were carried out to analyze antioxidant activity and free radical scavenging activity in aqueous, ethanol, and methanol solvents in Bonduc nut powder. Total phenolic content, DPPH, catalase, and peroxidase activity were used to test antioxidant activity. The rats were euthanized after the study period to examine antioxidant parameters such as superoxide dismutase, catalase, reduced glutathione, and glutathione peroxidase, as well as lipid peroxidation and histopathology of the spleen and heart tissues. Results suggest that compared to other solvents aqueous has better Invitro antioxidant ability and the same extract significantly increased the antioxidant and reduced lipid peroxidation followed by restoring the tissue morphology in APAP-induced spleen and cardiotoxicity. The outcome of the study revealed that aqueous BNE has a significant protective efficacy against APAP-induced spleen and cardiotoxicity in Wistar albino rats
Multiphase pyrolysis of waste expanded polystyrene and in-situ hydrogenation of pyrolysis oil on silica-alumina supported nickel catalyst for the production of fuel range paraffinic and aromatic hydrocarbons
In this work, thermal and catalytic pyrolysis of waste expanded polystyrene (WEPS) have been investigated in a laboratory designed semi-batch reactor in the temperature range of 400-700℃ and heating rate of 15 ℃/min to produce gasoline range lower paraffins and valuable aromatics i.e., benzene, toluene and ethylbenzene (BTE). Three different type of reactor arrangements i.e., liquid phase/A-type, vapour phase/B-type and multiphase/AB-type have been used to conduct the catalytic pyrolysis of WEPS using nickel on silica-alumina catalyst. The thermal pyrolysis of WEPS produced highest liquid yield of 94.37 wt.% at a temperature of 650℃ and heating rate of 15 ℃/min, whereas, liquid phase/A-type, vapour phase/B-type and multiphase/AB-type catalytic pyrolysis produced highest liquid yield of 88.54 wt.%, 83.21 wt.%, and 81.15 wt.%, respectively, at the same heating rate of 15 oC/min and at the temperature of 600℃, 550℃, and 550℃, respectively. The pyrolysis oil obtained from thermal pyrolysis mainly contains styrene monomer of 84.74 wt.% and very less BTE content of 11.38 wt.%. Among, the all types of catalytic pyrolysis, AB-type/multiphase pyrolysis produced pyrolysis oil with highest amount of BTE content of 28.56 wt.%. Furthermore, the pyrolysis oil obtained from A-type, B-type and AB-type catalytic pyrolysis contains low styrene content of 69.94 wt.%, 65.67 wt.% and 55.55 wt.%, respectively, as compared to thermal pyrolysis (84.74 wt.%)