Biodiversity beyond borders: the 2024 WIPO Treaty and Lessons from India
Dr. Deepa K. Tiku’s article discusses the 2024 WIPO Treaty on intellectual property, genetic resources, and traditional knowledge, highlighting India’s proactive measures and legal framework to protect biodiversity and traditional knowledge.
The article also examines the implications of the Treaty and...
Revised Indian Bio diversity law aims to boost bioresource-dependent sectors
India recently amended its Biological Diversity Act, 2002 (BD Act, 2002) by passing the Biological Diversity (Amendment) Act, 2023 after two years of consideration.
India, being rich in biodiversity had introduced the BD Act, 2002, to fulfil its obligations under the United Nations Convention on Biological...
Patent working statement obligation in India – Life sciences sector implications
What is the working statement obligation?
The Indian Patents Act 1970 requires every patentee and licensee to commercially “work” their patents in India to the fullest extent. This is to encourage inventions and ensure that Indian patents are commercially worked in India to the fullest extent possible, within...
The Indian Biological Diversity Act: A Review of the Amendment Bill 2021
A great criminal defense lawyer knows the ins and outs of the legal system, and may be able to spot certain arguments and factors that could mitigate or even negate a potential crime.
Indian IP jurisprudence is the real winner in the Monsanto cotton technology case
On 8th January, the Supreme Court of India (India’s highest court) ruled in favour of Monsanto in the much discussed Monsanto Technology v Nuziveedu Seeds Ltd case.
Monsanto had challenged the April 2018 order of a two-judge bench (DB) of the Delhi High Court (DHC) which had revoked Monsanto’s Indian patent...
The Chaos That The Monsanto Patent Battle Has Become
While Indian seed companies have won the battle to pay lower royalty and continue to reap benefits of their partnership with Monsanto, the agriculture giant gets to hold on to its patent (for now) and royalties.
But Monsanto’s fate is back in the hands of Delhi High Court’s single-judge bench or trial court. This...
Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu
Section 3(j) of the Indian Patents Act excludes plants, animals and “essentially biological processes” (for the production of plants and animals) from patent protection.
The Delhi High Court relied significantly on European precedents to hold that Monsanto’s claimed invention covering the Bt gene construct and a...
Supreme Court of India set to rule in crucial plant innovation dispute
There are important legal issues at stake in the Supreme Court of India’s ongoing review of the patentability of Monsanto’s Bt Cotton technology, explains K&S Partners’ Deepa K. Tiku
All eyes in India are currently on the country’s Supreme Court where the agro-biotech giant Monsanto is battling to reclaim its...
When the Guard of the “Boll-Guard” Fell!
The Delhi High Court’s order in the legal battle between agro-biotech giant Monsanto and Indian seed giant, Nuziveedu, was a good prompt to write about the wired subject of patentability of plant biotech inventions in India.
This case presents a unique story as it has a complex background of monopoly in the...