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JIPR Vol.07(3) [May 2002] >


Title: Patenting Microorganisms: Towards Creating a Policy Framework
Authors: Sekar, S
Kandavel, D
Issue Date: May-2002
Publisher: CSIR
Abstract:  India is bound to implement new patent laws as per TRIPS by the end of 2004 along with the provision of patenting microorganisms. In this context, the paper stresses the need of defining microorganisms and listing out various life forms for patenting. The usage of the term ‘biological materials’ by the European Union and USPTO system of classification of microorganisms can be referred to evolve our own system. The analysis of the Patent Facilitating Cell (DST, Govt of India) on the issue of patenting microorganisms at the global level revealed the trends in various countries which will help us to frame the system of patenting microbes. Paper further hightlights the need of creating culture collection IDAs (International Depositary Authorities) in our country too and develop codes of operation for effective patenting with the co-ordination of IP offices and for facilitating indigeous promotion of patenting microorganisms. Also, with the provisions of CBT and WIPO, we need to safeguard the interests of our country and protect traditional knowledge on the use of microorganisms. Indian machinery of patenting has to be geared up and also tuned to cope up with the new trend of patenting life. The strategies and policies to be adopted at present are further highlighted
Page(s): 211-221
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.07(3) [May 2002]

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