These two enactments had received parliamentary approval and were notified on December 30, 1999, officials said.

The Geographical Indications Act seeks to provide protection to goods bearing Indian geographical indications. It is aimed at preventing the abuse of products bearing geographical indications of goods originating from the country. To protect bio-resources, the Patents (Second Amendment) Bill, 1999, contains provisions for mandatory disclosure of the source of geographical origin of the biological material used in the invention, while applying for patents in the country.

These provisions have also been made to include non-disclosure of the source of geographical origin of the biological materials as grounds for opposition and for revocation of the patent, if already granted, sources explained.

Further, these provisions have been incorporated to include anticipation of invention by available local knowledge, including oral knowledge, as one of the grounds for opposition as also revocation of the patent.

In addition, the government has initiated an exercise to develop a digital database of traditional knowledge in the field of medicinal plants with a view to avoid patenting of products based on such knowledge.

The government grants patent rights in the country under the provisions of the Patents Act, 1970. Section 5 of the Act provides for the process patents for inventions in the field of food, medicine or drug and substances produced by chemical process. In other fields, both the process and product patents are permissible.

Patents are granted under the sovereign prerogative of countries according to their respective patent laws and have territorial effect, ie, they are effective only in the country which grant patents. A patent is normally challenged by the person whose interests are affected.

Earlier, New Delhi had successfully challenged a patent granted in the US on the use of turmeric for wound healing, upon which the licence was called off by the US administration. Certain claims in respect of the patent on Basmati rice lines and grains granted in the US were also challenged since they had the potential of affecting New Delhi's commercial interests. Following this, these claims were withdrawn by the patentee.