TRADE SECRETS
Trade Secret A trade secret can be any formula,pattern,idea,process,physical device or a compilation of information which provides its owner a competitive advantage in the market. A trade secret is expected to be treated in such a way that it is not available to others unless obtained by theft or by improper acquisition.
Examples • Recipe, chemical formula, survey methods, confidential data, computer programmes, manufacturing process, marketing strategies, financial strategies or a new invention for which patent application is not yet filed. • Generally information is usually ptotected as trade secret when the other forms of IPR protection can not be used ( eg. Idea, a negative know-how)
TRIPS • The information must be secret • It must have a commercial value • Subjected to reasonable steps by the holder of the information to keep it secret
Steps • Limited number of people have access and are aware that it is confidential • Signing confidentiality agreement with buisness partners whenever disclosing confidential information • Confidentiality agreements with employees • Physical restrictions (access, repository) • Security in digital era
Laws related to Trade Secret USA-Uniform Trade Secret Act Injunctive Relief, damages France- Manufacturing trade secrets, Know-how and confidential buisness information UK- Breach of Confidence-injunctive relief,damages and third party liability,search and seizure India- No trade secret law- like UK
Indian Situation • Trade secrets are more likely to be used for process innovation and for innovations in services. • Strong price competition is typical of commodity type markets, where opportunities for product differentiation/innovation are scant, and margins may be enhanced with cost/process innovation.
How is a trade secret evalauted? • The extent to which information is known to public or within particular trade • The amount of effort and money expended in developing the secret information • The value of the information to holder & his competitors • The extent of measures taken to guard the secrecy of the information • The ease or difficulty with which the information could be properly acquired by others
Trade Secret Vs Patent Patent • 20 years + Fees Trade Secret • Ability to keep secret for longer period • Reverse Engineering / Independent creation • Enforcement
Intellectual Property Rights and Traditional Knowledge R.R.HIRWANI Head CSIR-URDIP Pune
What is meant by Traditional Knowledge ? TK refers to tradition-based literary, artistic or scientific works, performances, inventions, scientific discoveries, designs, marks, names and symbols, undisclosed information, and all other tradition-based innovations and creations resulting from intellectual activity in the industrial, scientific, literary or artistic fields.
• What is meant by tradition-based? Knowledge systems, creations, innovations and cultural expressions which : have generally been transmitted from generation to generation; are generally regarded as pertaining to a particular people or its territory; and, are constantly evolving in response to changing environment.
What does TK include? • Agricultural Knowledge • Scientific knowledge • Technical knowledge • Ecological Knowledge • Medicinal Knowledge • Bio-diversity Knowledge • Expression of Folklore
Traditional Medicinal Knowledge Definition The sum total of all the knowledge and practices, whether explicable or not, used for diagnosis, prevention and elimination of physical, mental, and social imbalance, and relying exclusively on practical experience and observations handed down from generation to generation, whether verbally or in writing.
• TRADITIONAL KNOWLEDGE IS- Largely based on medicinal plants. The most important systems of traditional medicines in the world belong to the following countries African, American, South East Asian The western pacific regions.
• Classification of Traditional Medicinal Knowledge Non-Codified Codified
Non-Codified Medicinal Knowledge • The knowledge that is handed over orally from generation to generation, & based on traditional beliefs norms & practices based on centuries old experience of, trials and errors, success & failure at the house hold level Folk Rural Tribal Indigenous Traditional Medicinal Remedies
Codified Medicinal Knowledge • To represent knowledge in forms that can be shared, stored, combined, and manipulated in a variety of ways is called as codification of knowledge. • Codified tradition consists of medicinal knowledge and sophisticated foundations expressed in thousands of manuscripts covering all branches of medicine. E.g.: Ayurveda. Siddha,Unani, Tibetan tradition.
Need to Protect Traditional Medicinal Knowledge Essential to health of millions of people in developing country. Only affordable treatment to poor people. 80% population depends on it, for health care needs Healing properties of plants, minerals and animal products have been the source of many modern medicines
Need to Protect Traditional Knowledge TK is sometimes appropriated, adapted and patented by scientists and industry, for the most part from developed countries, with little or no compensation to the custodian of this knowledge and without their concern for a fair and equitable sharing of benefits
Why the Debate ? • Advancement of biotechnology/CBD (1992) GATT/TRIPS(1994) • Important source of income, food & health (Commercial applications) • It is linked to genetic resources. • Useful for environmental benefits and sustainable development
BACKGROUND RESEARCH • Medicinal Plants – Major Source of medicines • Extensive research on Natural Products and Plant Chemistry • Isolation and characterization of chemical constituents • Study of structure - activity relationships • Knowledge useful for Life Science Industry • Being appropriated, adapted and patented by commercial entities
PATENTS ON AROMATI C,MEDI CI NAL AND ECONOMI C PLANTS(PAMEP) • PROJECT SUPPORTED BY DBT • EMPHASI S ON TECHNOLOGI ES AND APPLI CATI ONS • I NPUT FOR CONSERVATI ON AND DEVELOPMENT OF BI ODI VERSI TY • STUDY PATENTS ON 2000+ PLANTS • 12,000+ PATENTS ON 500+ PLANTS
PAMEP . Plant Breeding, Propagation and Cultivation • Formulations and their methods of preparation • Food Applications • I ndustrial Uses • Active Components • Agrochemical uses • Dietary Supplements • Processing • Traditional Usage • New Medicinal Usage • Harvesting and post-harvest processing • Other Misc. Uses •
IPR ISSUES • IP Protection beyond TK on Medicinal Plants • Active ingredients / chemical constituents • Combination of constituents of Natural Products and Synthetic compounds • Minor variants of naturally occurring compounds • Physical Form/Metabolites • Emphasis on ‘Patentability’ and ‘Validity’
INDIAN INITIATIVES • CSIR - Health Heritage Database (2000)-WIPO PORTAL - Traditional Knowledge Digital Library (TKDL) • INDIAN PATENT ACT -Traditional knowledge excluded from patentability • BIODIVERSITY ACT -Permission of authority required if bioresource is subject matter of patent
CURRENT FOCUS • Validation of Ayurveda concepts on Modern Scientific Principles • Create Value by Synthesis between Ancient Insights and Modern Discoveries • Innovation by Scientification of Traditional Knowledge
VALIDATION OF AYURVEDA CONCEPTS • CLASSIFICATION OF MEDICINAL PLANTS BASED ON MECHANISM OF ACTION • CASE STUDIES -THERAPEUTICS : DIABETES
MECHANISMS FOR DIABETES • BETA CELL ACTIVATION • BETA CELL REGENERATION PANCREATIC TONING/ PROTECTION • • INSULIN MIMICKING • IMPROVEMENT OF GLUCOSE TOLERANCE/ INSULIN EFFICIENCY REDUCTION OF GLUCOSE ABSORPTION • • IMPROVEMENT IN CARBOHYDRATE METABOLISM • IMPROVEMENT OF FAT METABOLISM OTHER MECHANISM •
PATENT MAPPING FOR RESEARCH PLANNING
Vol. 215 8.1.1982 SYNTHESIS BETWEEN TK AND MODERN SCIENCE IS THE ACETYLCHOLINE RECEPTOR A RABIES VIRUS RECEPTOR ? ABSTRACT Rabies virus was found on mouse diaphragms and on cultured chick myotubes in a distribution coinciding with that of the acetylcholine α -bungarotoxin and d- receptor. Treatment of the myotubes with tubocurarine before the addition of the virus reduced the number of myotubes that became infected with rabies virus. These findings together suggest that acetylcholine receptors may serve as receptors for rabies virus. The binding of virus to acetylcholine receptors, which are present in high density at the neuromuscular junction, would provide a mechanism whereby the virus could be locally concentrated at sites in proximity to peripheral nerves facilitating subsequent uptake and transfer to the central nervous system. Lentz et. al.
SYNTHESIS BETWEEN TK AND MODERN SCIENCE Datura as a prophylaxis for rabies The affected person be made to drink the essence of Arka tree. This will clear his stomach of poison, if any, by vomiting. Sveta, Punarnava or Datura be administered. Palala, Oilseeds of Tila and essence of Rupika with Joggery drain the poison of Alarka (mad dog) as the wind drives away the clouds.
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