1. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. Nano Technology Hypothetical on Curcumin - Presentation on behalf of Attorney General of India - Seong-Ki Kim, Esq. Lee International IP & LAW Group Seoul, Korea Emerging IP Rights Committee APAA 54th Council Meeting Adelaide, Australia

2. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. 2 Contents I.The Biological Diversity Act of 2002 (BDA) II.Investigation into Facts III.Application of BDA to Facts IV.Suggestion for Settlement of the Dispute

3. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - - 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 I. The Biological Diversity Act of 2002 (BDA) 3

4. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - - 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 I. The Biological Diversity Act of 2002 (BDA) 4

5. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - - 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 I. The Biological Diversity Act of 2002 (BDA) 5

6. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - - 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 I. The Biological Diversity Act of 2002 (BDA) 6

7. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - 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 II. Investigation into Facts 7

8. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - 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 II. Investigation into Facts 8

9. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. - 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 III. Application of BDA to Facts 9

10. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. 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 IV. Suggestion for Settlement of the Dispute 10

11. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. 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 IV. Suggestion for Settlement of the Dispute 11

12. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. 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 IV. Suggestion for Settlement of the Dispute 12

13. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. 4. All the parties agree not to file a civil or criminal complaints or under the BDA prosecute a case raised under the BDA IV. Suggestion for Settlement of the Dispute 13

14. Providing comprehensive solutions Copyright © 2007 Lee International. All rights reserved. 14 Thank You! seongkik@leeinternational.com