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Department of Law
Department of IT
 
 

Intellectual Property Rights Cell in the Law Department has been established to bring awareness among citizens and businesses on Intellectual Property Rights. This interactive website jointly maintained by Departments of Law and Information Technology  envisages to facilitate resolution of all concerns regarding IPR.
 

There is urgent need to inculcate patent literacy and awareness of intellectual property rights and their impact on R&D, Industry and the underpinnings in relation to WTO, KSCSTE will organize special programmes to foster IPR and
Patent literacy.

We are working towards making Kerala a zero piracy state and are also creating awareness and enforcement of protection of IPR.

  

Patent Facilitation Cell

PFC provides technical, legal and financial support for obtaining patents and also for post patent actions in respect of patentable inventions emanating from research funded by
bullet Department of Science and Technology
bullet Any Indian university/educational institution
bullet Any other central/state government department/agency

Scientists and their institutions are expected to keep track of developments in areas related to patented inventions and inform PFC about possible exploitation and also violation of their patents.

For patentable inventions funded by a university/educaitonal institution, applications for patents will be filed in the name of the university/educational institution with the concerned scientist(s) as inventor(s).

For patentable inventions funded by central/state government department/agency, applicants for patents will be decided by the terms and conditions mutually agreed between the funding agency and the research agency.

Requests for patent search are entertained from scientists, universities/educational institutions, government departments free of charge. The same services are open to industry, attorneys and PSUs, with a levy of nominal charges.

Patent Applications Filed through PFC
The patent/patent applications are now open to interested parties for licensing/assignment.

Contact Patent Information Centres

Dr. KRS Krishnan
Director
Patent Information Centre
Science, Technology and Environment Department
Sasthra Bhavan Pattom P O
Thiruvananthapuram - 695004
Tel: 0471-2543556 Fax: 2543558

Keltron Intellectual Property Organisation (KIPRO):
KIPRO has been set up as a full-fledged facilitation centre for acquisition of intellectual property rights by Keltron, after having been specifically directed so by the State Government. This is expected to help the State achieve a competitive position in business, especially viewed in the context of the WTO provisions on Trade Related IPR System (TRIPS) coming into force on January 1, 2005.

Resources: Dr M.D. Nair, the Chennai-based IPR consultant.

Patent/IPR Cell in KSEDC will help entrepreneurs and PSUs obtain patents/intellectual property rights (IPR).  Financial assistance will be provided for procuring  patent/IPR.  The Government is constituting a Patent/IPR Cell in KSEDC to assist entrepreneurs. The Government has appointed standing committees of experts, to study the impact of the WTO agreements on various sectors and the suggestions of the committees will be acted upon promptly to enhance the competitiveness of Kerala’s products and services.

IT Department:
Software Piracy, IPR, Data Protection, Patents
The IT Department shall centrally make available resources that will simplify the process of applying for patents in India and the U.S. This will be backed by an expert committee on IPR/Patents (not restricted to IT) that will advise and guide the serious inventor through the process of patent application. The Government shall provide orientation programs to its law enforcement agencies to understand the intricacies of the laws under the IT Act 2000 to curb software piracy.


 Registered Patent Agents (Source from Patent office)

"Though Indian intellects are very capable in inventing great products, they are not aware of patent rights and trademarks. This has resulted in India being left behind other countries with regard to IPR"
- Dr S.N.Maity, Controller General of Patents and Designs, Mumbai

"It is important to create general awareness on intellectual property rights. All creations involve hard work and commitment and this fruit of labour has to be properly protected."
- Justice K.S. Radhakrishnan of the Kerala High Court

 



Protection of traditional knowledge associated with biological resources
The development of an appropriate form of protection for the knowledge of local communities is of great interest to countries which are rich in biodiversity, and also rich in TK, such as India. Issues relating to protecting, recognizing and rewarding of TK associated with biological resources are very complex. The modalities for protecting TK are still emerging and evolving. The nature of entitlements and share in benefits is also a grey area.

As regards protection of knowledge, innovations and practices associated with biological resources, these do not seem to fall in the conventional legal systems of IPR protection (e.g., patents, copyrights, trademark, etc.). These conventional forms of IPRs are inadequate to protect indigenous knowledge essentially because they are based on protection of individual property rights, whereas TK is, by and large, collective. Further, the informal knowledge presents other difficulties in being recognized for the purpose of IP protection, such as: Knowledge is developed over a period of time and may either be codified in texts or retained in oral traditions over generations. The conditions of novelty and innovative step necessary for grant of patent are therefore not satisfied.

The urgency for protection of human, ethical and economic rights of the holders of traditional knowledge is gaining acceptance globally. There are clearly different ways to look at the concept of protection of TK. The protection of TK for some is equated with IPRs where protection essentially means to exclude the unauthorized use by third parties. Others regard protection as a means to conserve traditional knowledge and sustainable use of biodiversity. There are several cases to show the role that this traditional knowledge has played in the development of important drugs, and of the benefits accruing to industry from the leads provided by TK. Use of such traditional knowledge, however, has frequently failed to bring any benefits to the creators, innovators and holders of this knowledge. India’s concerns stem from the need to both protect and promote the use of traditional knowledge in a way that benefits its creators and holders. The now well known cases of misappropriation of TK including the patent on wound healing properties of turmeric and the hypoglycemic properties of bitter gourd and brinjal have led to bitter experiences for India. The country has had to spend extensive amounts of time, money and effort in the revocation of such patents. This implies that the country has to keep track of and assess on a case by case basis whether a patent granted by a foreign patent office to an invention based on material or knowledge obtained from India holds up to the patentibility criteria. This is impracticable for a country and hinders true research and scientific development. Instead, internationally acceptable solutions to such misappropriation can not be solved on the basis of domestic legislation and such case by case revocation alone. Considering the tremendous benefits to be obtained from the use of such resources, an international system for recognizing the rights and benefits of communities is a global imperative.


IPR and traditional knowledge must be developed to co-exist in a complementary fashion. Both systems have merit in their own right and symbolize two very different, yet valuable knowledge paradigms; IPR's encourage innovation by safeguarding investment of time, thought and finances whereas traditional knowledge provides / symbolizes a valuable knowledge base that exists in the public domain.

Protection of bio diversity

   

Law Department
IPR Initative
news

5/4/2004 - India put on US IPR priority watch list

4/27/2004 - India urged to tap into enlarged EU mkt

3/29/2004 - IPR - Tool Kit Awareness Workshop

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vision
Supporting Citizens and Organizations on IPR issues

thrust areas

To create readily available archives of IPR Resources

To conduct regular awareness campaigns.

To facilitate organizations in resolving IPR challenges

To assist the Industry IPR matters

To institutionalize IPR

To put in place mechanisms for Industry and Academic institutions to build awareness in IPR.


Contact Patent Information Centres

Dr. KRS Krishnan
Director
Patent Information Centre
Science, Technology and Environment Department
Sasthra Bhavan Pattom P O
Thiruvananthapuram
PIN 695004
Tel: 0471-2543556
Fax: 2543558


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