Comments on: India At The Forefront Of Knowledge Commons Debate http://www.ip-watch.org/2006/09/03/india-at-the-forefront-of-the-knowledge-commons-debate/ Original news and analysis on international IP policy Thu, 09 Feb 2012 09:19:24 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: bajrang http://www.ip-watch.org/2006/09/03/india-at-the-forefront-of-the-knowledge-commons-debate/comment-page-1/#comment-805646 bajrang Thu, 18 Jan 2007 07:56:20 +0000 http://www.ip-watch.org/weblog/?p=389#comment-805646 The point on the Issue of TK is not to discuss and discuss, yes by this we can manage our TK. The need of hour is how to act and how to benifit our farming community through the commercilisation of TK. The point on the Issue of TK is not to discuss and discuss, yes by this we can manage our TK. The need of hour is how to act and how to benifit our farming community through the commercilisation of TK.

]]> By: Yeshwanth http://www.ip-watch.org/2006/09/03/india-at-the-forefront-of-the-knowledge-commons-debate/comment-page-1/#comment-448212 Yeshwanth Thu, 12 Oct 2006 15:17:01 +0000 http://www.ip-watch.org/weblog/?p=389#comment-448212 I agree partly with Ms.Ruchi that Ms.Shiva and many prominent people speak with improper knowledge of the IP laws. However, Ms.Ruchi is wrong when she says that the IP regime improves innovation. Increasing evidence points out exactly opposite effect. What people least understand becomes the most important in the IP regime and that is the power of Legal System. Rule of law is good to speak about, but what is rule of law and to be on the more practical side, rule of law is nothing but the interpretation of what law is as laid down by a JUDGE and therefore, the JUDGE and the lawyers become important players and this aspect is mostly neglected by most of us. Take for eg.TKDL. Mr.Gupta would believe that TKDL will prevent patenting in the TK system. But patent documents are extremely technical and when a lawyer knows what is in the public domain, he can carefully draft the patent to go around the prior art. and thankfully for the interested parties a whole list of formulations is going to be available. There would be a debate saying that TKDL will have confidential areas, but if u speak of public domain in many jurisdiction you may not be able to protect the confidentiality of the TKDL database. However, in line with the government policy TKDL is always a remedy. Whenever, the government of India doesn't know how to regulate a sector they usually BAN it and in the case of TKDL, when they couldn't prevent or fight the pirates of TK, they chose to open it for all and have a FREE FOR ALL regime. if MS.Shiva and others agree, TK in india can be well protected and the pirates fought better with the new biodiversity Act. But then again, the regulatory authority is run by the government and it needs to be open to new ideas and needs to pursue aggresive policy. As for MS.Shiva, I can give examples of scores of judgements of the Indian courts which are TRIPS +. The NGO's in India usually make a hue and cry whenever the legislature makes a law or amends a law, but they are quite unaware of the judge made laws which has the same power as the laws and statutes....AND for IP WATCH......WATCH INDIA CLOSELY I agree partly with Ms.Ruchi that Ms.Shiva and many prominent people speak with improper knowledge of the IP laws. However, Ms.Ruchi is wrong when she says that the IP regime improves innovation. Increasing evidence points out exactly opposite effect. What people least understand becomes the most important in the IP regime and that is the power of Legal System. Rule of law is good to speak about, but what is rule of law and to be on the more practical side, rule of law is nothing but the interpretation of what law is as laid down by a JUDGE and therefore, the JUDGE and the lawyers become important players and this aspect is mostly neglected by most of us. Take for eg.TKDL. Mr.Gupta would believe that TKDL will prevent patenting in the TK system. But patent documents are extremely technical and when a lawyer knows what is in the public domain, he can carefully draft the patent to go around the prior art. and thankfully for the interested parties a whole list of formulations is going to be available. There would be a debate saying that TKDL will have confidential areas, but if u speak of public domain in many jurisdiction you may not be able to protect the confidentiality of the TKDL database. However, in line with the government policy TKDL is always a remedy. Whenever, the government of India doesn’t know how to regulate a sector they usually BAN it and in the case of TKDL, when they couldn’t prevent or fight the pirates of TK, they chose to open it for all and have a FREE FOR ALL regime.

if MS.Shiva and others agree, TK in india can be well protected and the pirates fought better with the new biodiversity Act. But then again, the regulatory authority is run by the government and it needs to be open to new ideas and needs to pursue aggresive policy.

As for MS.Shiva, I can give examples of scores of judgements of the Indian courts which are TRIPS +. The NGO’s in India usually make a hue and cry whenever the legislature makes a law or amends a law, but they are quite unaware of the judge made laws which has the same power as the laws and statutes….AND for IP WATCH……WATCH INDIA CLOSELY

]]> By: Ruchi http://www.ip-watch.org/2006/09/03/india-at-the-forefront-of-the-knowledge-commons-debate/comment-page-1/#comment-420626 Ruchi Mon, 02 Oct 2006 08:00:38 +0000 http://www.ip-watch.org/weblog/?p=389#comment-420626 The comments of Ms Shiva and other prominent persons against IP shows a lack in their proper understanding of the IP system,it is not a debate of the public ownership versus private ownership as they project but a system to encourage research/innovation aswell as healthy competition among the stakeholders for a limited time,after which the invention automatically falls in public domain, according to existing laws nobody can patent a Traditional knowledge or anything already known on the date of application i.e article,substance ,apparatus,orprocess, so usurping the public property by a private interest is not possible unless bad patents are granted i.e the rule of law is not followed because of the malfunctioning of patent offices due to lack of proper infrastructure or misutilisation of available resources,the people who are interested in protecting the public property should put their energy in pursuing the govt to develop an efficient Patent office/IP office with worldclass database available to the examiners and search available to public The comments of Ms Shiva and other prominent persons against IP shows a lack in their proper understanding of the IP system,it is not a debate of the public ownership versus private ownership as they project but a system to encourage research/innovation aswell as healthy competition among the stakeholders for a limited time,after which the invention automatically falls in public domain, according to existing laws nobody can patent a Traditional knowledge or anything already known on the date of application i.e article,substance ,apparatus,orprocess, so usurping the public property by a private interest is not possible unless bad patents are granted i.e the rule of law is not followed because of the malfunctioning of patent offices due to lack of proper infrastructure or misutilisation of available resources,the people who are interested in protecting the public property should put their energy in pursuing the govt to develop an efficient Patent office/IP office with worldclass database available to the examiners and search available to public

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