Intellectual Properties Rights Related to Nutri-Ayur Products
摘要
‘Ayurveda’ gives particular importance to ‘Ahara’ (diet) and ‘Anna’ (food) as pathways to a healthy and happy existence. In the arena of Nutraceutical products i.e., products with nutritional and medicinal values, the researchers are attempting to bring in Ayurveda. Such innovations could be termed as ‘Nutri-Ayur’ products. These products have high potential to capture the current market and achieve maximum commercial gains. Therefore, investments over R&D are being made by companies to prepare such innovative products. The one with the most unique formula, method and efficacy shall prevail over the rest of its competitors. The only concern is regarding the legal safeguard of these innovations. Intellectual property law is such a form of law which protects the rights of inventors and creators over all forms of intellectual creation. Under this, Patent right is an exclusive right granted to the inventors for their novel and non-obvious inventions for a certain duration. But this Act states certain restrictions as laid down under Section 3 and 4 of the Patents Act 1970. Ayurveda which is mainly based on herbs and medicinal plants is a part of traditional knowledge and the same is barred to be patented. Therefore, the question arises whether Ayurvedic-inspired nutritional products that are invented by the researchers can be patented or not. Several organizations across the world have been granted patent rights over Nutri-Ayur products, for example, Neuherbs Ayurveda, while some others have failed. Therefore, it is very essential to analyse the international conventions and intellectual property laws of different countries along with India to find out the criteria, possibility and challenges behind getting such products patented.