Skip to content
Subscribe

Browse the archive

Tag: Traditional knowledge

patent

NBA Approval Not a Passport to Patentability: Delhi HC

The Delhi High Court has clarified in Shaafi Naturcure LLP v. Assistant Controller of Patents that approval from the National Biodiversity Authority (NBA) does not guarantee patentability. The court dismissed the appeal, ruling that the Biological Diversity Act and the Patents Act serve distinct objectives. Additionally, the bench emphasized that post-filing evidence cannot compensate for deficiencies in the original specification. With internal contradictions regarding synergistic effects and a failure to overcome traditional knowledge exclusions under Section 3(p), this judgment provides a vital roadmap for practitioners handling biodiversity-based pharmaceutical inventions in India.

14 min read
GI

Prada-Kolhapuri Case: GI Protection Limitations

The Prada-Kolhapuri controversy exposes a critical gap in India’s Geographical Indications (GI) framework: protection often covers names, not aesthetic designs. Despite the Kolhapuri chappal’s GI tag, foreign brands can legally replicate traditional designs without infringement, provided they avoid using the GI name. While Prada eventually engaged with local artisans following public backlash, this resolution remains voluntary rather than legally compelled. This analysis explores why existing IP laws fail to stop the appropriation of traditional cultural expressions and suggests potential reforms to better shield India’s artisanal heritage from global exploitation.

10 min read