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India US Patent Wars – An interesting Case Study

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Significant Aspects of Traditional Knowledge and Patent Issues

Traditional knowledge is the expertise, awareness, experiences, applications, and knowledge that are performed, established, continued, and passed on from generation after generation.Most of these activities have become a part of the social, cultural, and spiritual identity within various regions. It is quite common that art, culture, and technology have always been transferred from one generation to another within several communities.

Patent protection of TK

Gathered from ancient roots and experiences, this knowledge is mostly communicated orally.Thus, it has no defense under the legal system of intellectual property protection. It is mentioned in the Patents Act that TK cannot be used for Patent filing in India as it is not considered an innovation or invention in any case.

All you need to know about Traditional Knowledge

Most of the practices prevalent in the present times can be considered as the collective knowledge of all the innovations and inventions that have taken place in the past. Meanwhile,most of the designs have indeed become a cultural attachment of many communities. Also, traditional knowledge has resulted in new inventions. One of the most famous examples of traditional knowledge is Turmeric. Turmeric has a lot of applications and uses when it comes to medicines, cosmetics, pest repellents, and many more.

The role of digital library

TK can be any useful information written or verbally passed by several communities that are already in existence. To prevent Patent filing in India on traditional knowledge, the law has taken the initiative to publish all the information of TK by a digital library, popularly known as the Traditional Knowledge Digital Library.

Role of TKDL in Patent rights

The current intellectual property rights situation can be a little complicated at times. Your patent application will get rejected if you do not adhere to the rules and regulations as set up by the Convention on Biological Diversity. At the same time, if you claim to discover or invent a new species of herbal products which have been a TK of countries from centuries, then your application should not be accepted.
Biopiracy has become a significant concern over the past few years. An efficient, as well as extensive Traditional Knowledge Digital library, is essential to curb this problem. It can be done in minimal time with minimal effort. Hence, the significance of TKDL should not be underestimated at any point. The role of WIPO is crucial in the overall scheme of things where Biopiracy is concerned. Some organizations want to possess the ownership of TK to exploit them for commercial profits.

India US patent wars over Turmeric

Turmeric is a tropical herb that grows in various regions of East India. It has many medicinal properties. The herb is also used for dyeing as well as a cooking ingredient. People over the decade consume it because it is also a blood purifier. However, in the year 1995, the US government granted a patent right on Turmeric to medical centers for the herb’s wound healing property.

Exclusive permission was also given to distribute or sell Turmeric or its related products. To this, the Indian government objected to patent rights allowed to the Mississippi medical center. The country also provided proofs through the TKDL that showed evidence that Turmeric was used for ages in almost every Indian household and that it was a part of their Traditional Knowledge. The information present in the Digital Library mentioned the facts in different languages, mainly Urdu, Sanskrit, and Hindi.

The pieces of evidence compelled USPTO to accept that the claims made in the traditional knowledge related to Turmeric are an old art invented in India. Hence, the TK that belonged to India was protected in the case of Turmeric.

Filing a patent for Neem

The Department of Agriculture and W.R. Grace filed the patent for Neem. They claimed that they first invented the use of Neem oil to control the growth of fungi in plants. But the permission was rejected when a Legal opposition was filed by India against the claiming of a patent for Neem. The disagreement against the copyright was presented by the New-Delhi based Research Foundation for Technology, Science and Ecology along with the Magda Aelvoet who is a former green Member of the European Parliament and International Federation of Organic Agriculture Movements.

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Been Injured In An Accident, Get A Great Lawyer

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Since you are viewing this piece, you probably already filed a personal injury lawsuit or you are going to. You may wonder what you need to prove the case. What documentation or proof will you need to show?personal injury law

Your personal injury and auto injury lawyer works for you, so it is important that they treat you with respect and address any questions or concerns you may have. If your personal injury lawyer brushes you off and doesn’t respect you, fire him and find a new personal injury attorney. Also, if you can’t reach them, you may need a new personal injury attorney.

Ask for a retainer agreement when you are consulting a personal injury lawyer. This is a financial agreement between you and the person you have hired. Make sure there is an option for payment plans within the agreement, and have a severance clause clearly laid out in case you wish to part ways at a later time.

Auto Injury Lawyer
You want to hire a personal injury lawyer in who specializes in personal injury to handle your case. Do not hire a personal injury and auto injury lawyer who does not specialize in these type of cases. You must find a personal injury and auto injury lawyer that know this particular type of law and has dealt with cases in it. Otherwise, you’ll have a lot less of a chance to win.

If you are filing your personal injury claim yourself, it pays to know about the other person’s insurance policies. Perhaps you can make multiple claims. If the other party is not cooperative in providing these details, it may be necessary to file an affidavit. This forces them to comply.

Don’t be a procrastinator. There may be deadlines in which you won’t be able to claim your lawsuit. So remember to reach out to a highly qualified, reputable personal injury lawyer in to assist you in filing a claim for compensation.

Many people suffer with back pain. If you have this problem, apply something warm to the area to relax it. Straining it further could result in long-lasting damage that could be easily avoided. You’ll also get results with NSAIDs such as ibuprofen.

Personal Injury
Be prepared prior to talking to your personal injury lawyer. If you are not knowledgeable, the personal injury or auto accident injury lawyer may not want to work with you. They are paid if they win, so they may not accept the case if you don’t have compelling evidence. Have all the necessary paperwork, and practice presenting your case beforehand.

If you are involved in any kind of personal injury, you have to keep all of your receipts. You will need to prove your damages in court. Without these receipts, it is unlikely that a court will reimburse you for the expenses.

Ask the personal injury lawyer in you are considering to provide you with references so that you can check their credentials. What former clients have to say about a personal injury attorney can help you determine if they are right for your case. Consider it a red flag if the personal injury lawyer you are considering won’t provide you with references. If so, you are advised to steer clear.

Determine who may be held liable for your injuries. If you got hurt at work, you are probably able to inquire about a settlement, but that changes if you got hurt elsewhere. To be sure you properly assess responsibility, get to an injury attorney for personal injury and give them all the details.accident injury - personal injury law

Personal Injury
Most employers carry insurance against lawsuits filed by injured employees. If you sustain an injury while working, it is imperative that you retain a personal injury and auto accident attorney to represent your interests right away. When inquiring about the injuries you’ve sustained, your employer should be referred to your personal injury and auto injury lawyer. This will ensure that all correspondence is documented.

Before committing to a personal injury or auto accident injury lawyer , interview several different ones. You want to make sure that you will have no issues with working together. Also, you will want a personal injury lawyer who is intelligent and has experience in your particular cases.

Personal Injury
You need to ask your personal injury and auto injury lawyer how much experience they have with court hearings. When it comes to reaching lucrative settlements, some lawyers are experts. However, the same lawyers may lack actual trial experience. Be aware of this before signing with any personal injury attorney. Use your knowledge to make the best decision possible.

If you find that you have to appeal your personal injury case, know that you do not have to use the same personal injury or auto accident injury lawyer for both your original case and the appeal. In fact, getting a new personal injury lawyer on the case often is beneficial.

Find out how the process will play out before dealing with the insurance company. You are better able to cope if you have all the information you need. If you uncomfortable handling the insurance aspect, enlist the help of an personal injury or motorcycle accident attorney or speak with someone trustworthy.

Speak with witnesses and get them to testify in court for you. If you get testimony from someone that’s objective, you have a better chance at winning a case. Your judgement will also be impacted by any witnesses you can find to corroborate your injuries or how your injuries have impacted your life.

The greatest way to prepare for your lawsuit is learning about what will happen. Speak with a personal injury and auto accident attorney to learn everything you should expect, and read about other experiences online. If you’re well informed, then you’ll know what to expect so that you’re not going to get caught off guard.

It is natural for you to want everyone to see how your injury occurred and how you are feeling about it. Now that you’ve read these tips, you’re in a good position! Consult with a qualified personal injury or accident attorney and learn more about creating a strong, winning case.

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Injury Is Something We Cannot Foresee

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Injury is something we cannot foresee. It may happen to us when we are the most vulnerable or it may happen to us when we are most prepared and all set to confront anything that comes our way. However perish the thought, it is just another fact of life and we cannot avoid it many times. However, there are ways to recover from injuries caused to us by someone or something and our personal injury lawyer will tell you how. The personal injury lawyer knows the laws in and out. personbal injury lawyers

When you have a personal injury, it is always advisable to consult a professional personal injury lawyer and brief him or her about the situation. Do not hide any information from your personal injury lawyer or he or she might not be able to help you as efficiently. The personal injury lawyer will then guide you through all the intricacies of filing a lawsuit and ask compensation for your injury. The personal injury lawyer will also do whatever is needed to conduct a successful lawsuit and this will help you recover from your injury.

Your personal injury lawyer is also the protector of your rights when it comes to claiming compensation and filing a lawsuit regarding a personal injury that has been caused to you or your loved ones. The personal injury lawyer, as much as the personal injury lawyers in other parts of the United States, is the benefactor for law and yourself, and make serious efforts to get you the compensation you deserve.

Your choice of the personal injury lawyer for yourself is vital in events of personal injury. Since the government is quite strict about the laws regarding personal injury cases, it becomes even more important to follow the dictates of law to their fullest and this you can ensure by selecting the right personal injury lawyer for yourself and your loved ones. The personal injury lawyer, being most proficient in this, can help you the best and get you the judgment that will completely be favorable to you. personal injury

For selecting the best personal injury lawyer for yourself, you can conduct a research through the various online directories, which are the home to the registered personal injury lawyers and other legal personnel. However, we hope you never need them! For More Information click here

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