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Nano Technology Hypothetical on Curcumin - Presentation on behalf of Attorney General of India -

Emerging IP Rights Committee APAA 54th Council Meeting Adelaide, Australia. Nano Technology Hypothetical on Curcumin - Presentation on behalf of Attorney General of India -. Seong-Ki Kim, Esq. Lee International IP & LAW Group Seoul, Korea. Contents.

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Nano Technology Hypothetical on Curcumin - Presentation on behalf of Attorney General of India -

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  1. Emerging IP Rights Committee APAA 54th Council Meeting Adelaide, Australia Nano Technology Hypothetical on Curcumin - Presentation on behalf of Attorney General of India - Seong-Ki Kim, Esq. Lee International IP & LAW Group Seoul, Korea

  2. Contents • The Biological Diversity Act of 2002 (BDA) • Investigation into Facts • Application of BDA to Facts • Suggestion for Settlement of the Dispute

  3. I. The Biological Diversity Act of 2002 (BDA)3 • Sec. 3 of BDA • •A non-Indian citizen needs a previous approval from the National • Biodoversity Authority (NBA) for obtaining any biological • resources occuring India

  4. I. The Biological Diversity Act of 2002 (BDA)4 • Sec. 4 of BDA • • No person shall transfer the result of any research relating to • any biological resources occuring in or obtained from India to • a person who is not a citizen of India

  5. I. The Biological Diversity Act of 2002 (BDA)5 • Sec. 6 of BDA • • A patent application for any invention based on any research • or information on a biological resource obtained from India • needs a prior approval of NBA before filing • • If a patent has been filed, a permission of NBA may be obtained • after acceptance of the patent

  6. I. The Biological Diversity Act of 2002 (BDA)6 • Sec. 7 of BDA • • An Indian citizen who is not of a local people and communities • of the area needs prior intimation to State Biodiversity Board • for obtaining any biological resource for commercial utilization

  7. II. Investigation into Facts 7 - The source of Curcumin used in the preparation of Nanocurcumin is a biological resource obtained from India - No approval for obtaining a biological resource has been taken from NBA on behalf of Amit Bose, one of the two co-applicants of the pending patent application

  8. II. Investigation into Facts 8 - We need further information on facts: • Whether Amit Bose got (and used) turmeric samples to produce nanoparticles of curcumin? → If not, no violation of Sec. 3 of BDA →If yes, further investigation is required to determine whether a prior intimation to State Biodiversity Board has been taken for obtaining a turmeric sample or not

  9. III. Application of BDA to Facts 9 - Further investigation into facts is required in relation to violation of Sec. 3, Sec. 7 of BDA need - It seems that Sec. 4 and Sec. 6 of BDA violated * In relation to Sec. 4 and Sec. 6 Alok Bose is subject to imprisonment up to five years or criminal fine up to ten lakh rupees

  10. IV. Suggestion for Settlement of the Dispute 10 It is suggested that the parties, Amit Bose, Alok Bose, SPOT, NBA, the Patent Controller and State Biodiversity Board of Kerala agree to settle the case on the following terms: 1. Amit Bose agrees to transfer his share of the title to the patent application to Alok Bose and destroy all records containing any technical information obtained during preparation of patent application on nanocurcumin

  11. IV. Suggestion for Settlement of the Dispute 11 2. Upon NBA’s approval and permission, Alok Bose agrees to deposit in the National Biodiversity Fund as provided in Sec. 21 (3) of BDA a 20 % of any income from the subject patent application including any patents granted on the subject patent application as the profit sharing provided in Sec. 21 of BDA

  12. IV. Suggestion for Settlement of the Dispute 12 3. Upon Alok Bose’s application, NBA agrees, by a majority of votes of the members, to grant a permission for a filing of a patent application on the nanocurcumin invention

  13. IV. Suggestion for Settlement of the Dispute 13 4. All the parties agree not to file a civil or criminal complaints or under the BDA prosecute a case raised under the BDA

  14. Thank You! seongkik@leeinternational.com

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