Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0009
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter critiques three particular patents cases in the US and EU that were filed in the 1990s by Indian NGOs and the Indian government. The three patents in question were related to neem, ...
More
This chapter critiques three particular patents cases in the US and EU that were filed in the 1990s by Indian NGOs and the Indian government. The three patents in question were related to neem, turmeric, and basmati. All three cases caused outrage in India because of the perception that the West was ‘stealing’ traditional knowledge from India. This chapter explains the rhetoric and misinformation surrounding all three cases and explores how the media and the government dealt with these issues at a time when awareness about patent law in India was low. These three cases were followed by the Traditional Knowledge Digital Library (TKDL). This chapter explores and critiques the rationale for the TKDL and its efficacy in achieving its stated goals.Less
This chapter critiques three particular patents cases in the US and EU that were filed in the 1990s by Indian NGOs and the Indian government. The three patents in question were related to neem, turmeric, and basmati. All three cases caused outrage in India because of the perception that the West was ‘stealing’ traditional knowledge from India. This chapter explains the rhetoric and misinformation surrounding all three cases and explores how the media and the government dealt with these issues at a time when awareness about patent law in India was low. These three cases were followed by the Traditional Knowledge Digital Library (TKDL). This chapter explores and critiques the rationale for the TKDL and its efficacy in achieving its stated goals.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0011
- Subject:
- Law, Intellectual Property, IT, and Media Law
As religions become commercialized, gurus who proclaim themselves to be the messengers of gods leave behind fortunes in the form of intellectual property, either as books, or audio and video ...
More
As religions become commercialized, gurus who proclaim themselves to be the messengers of gods leave behind fortunes in the form of intellectual property, either as books, or audio and video recordings. Temples too claim trademark rights in symbols representing various deities. Where people are quick to take umbrage at being offended due to religious sentiments, it is not surprising that the Trade Mark Act dealt with issue of trademarks that offended religious sentiments. This chapter discusses related questions such as who has the right to use the names of religious figures in trademarks. Or to whom does the intellectual estate of a spiritual leader belong? Or when does an authority decide that a combination of yoga postures or healing techniques can be legally protected? This chapter discusses issues that represent the challenges that intellectual property law faces in the new age.Less
As religions become commercialized, gurus who proclaim themselves to be the messengers of gods leave behind fortunes in the form of intellectual property, either as books, or audio and video recordings. Temples too claim trademark rights in symbols representing various deities. Where people are quick to take umbrage at being offended due to religious sentiments, it is not surprising that the Trade Mark Act dealt with issue of trademarks that offended religious sentiments. This chapter discusses related questions such as who has the right to use the names of religious figures in trademarks. Or to whom does the intellectual estate of a spiritual leader belong? Or when does an authority decide that a combination of yoga postures or healing techniques can be legally protected? This chapter discusses issues that represent the challenges that intellectual property law faces in the new age.
