Skip to main content

Archana Shanker and Vidisha Garg explore the protection of therapeutic substances used under folk medicine practices as ‘traditional knowledge’ by special provisions of the patent law.

In October 2012, the government of India exercised its powers conferred under Section 66 of the act to revoke Avesthagen’s patent IN252093, on the grounds that the patent or the mode in which it is exercised is prejudicial to the state or the public.

The recent guidelines seem to extend the government’s sentiments. They aim to provide strict procedures for the screening, allotment and examination of applications relating to traditional knowledge so as to ensure that patents are not granted to inventions relating to traditional knowledge.

This article was published in LSIPR April 2013.

To continue reading, please contact us at email@anandandanand.com

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Nov 07, 2026

Pharmaceutical innovation and access to medicines are closely connected aspects of public health. While patent protection can encourage investment in research

Can Public Health Override a Pharmaceutical Patent? The BPaL Patent Dispute in India
News & Updates, Thought Leadership
•
Nov 04, 2026

Imagine discovering an Instagram account using your company’s name, a website offering products under a deceptively similar identity, or an AI-generated

Can AI Steal Your Brand Identity? Trademark Squatting and AI Misuse in India
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming
News & Updates, Thought Leadership
•
Oct 31, 2026

A startup has developed a new technology, filed a patent application and begun building its product. The filing is an important milestone. But what happens

Your Startup Has Filed a Patent. Now What? The Commercial Value of IP