How To Protect Trademark

and service marks The trademarks are key element in the commercial promotion of goods and services both within the country and abroad. Through awareness programs indigenous communities can be made aware of the fact that Trademark can be used by them to extract financial gains from their Traditional Knowledge and protect it from unfair commercial exploitation by outsiders.
Certification and collective marks may be used to protect Trademark. If an organization is established to “certify” that particular medicinal products comply with established standards, then this organization may use Certification marks to protect Trademark. This is useful in case where botanicals (i.e. Fiber, juice, oil, pulp, tissue, or other components derived from

The design and shape of furniture, garments, receptacles, articies of wood, leather ceramics, etc prepared by indigenous people or association on the behalf of indigenous people in a traditional fashion can be protected as industrial designs. Traditional craft items like hand- woven articles like carpets, cotton bed covers can also be registered for protection as an Industrial design. Innumerable forms of traditional designs are rooted intrinsically in rich cultural heritage of India. E.g. hand-block prints known as “baandhnis of Rajasthan are the famous traditional designs of

One form of protection for new plant varieties is the plant patent. There are several inconsistencies in the plant patenting system, which may either be of benefit or present a threat to indigenous communities. First, there is a lack of a clear understanding or consistent approach to what is considered a new plant variety. Many indigenous communities have cultivated and maintained plant varieties over many generations. But many new plant varieties are simply a slight modification to existing types of plants that were developed (cultivated) by indigenous communities. The requirements for a plant discovery are: (i).Its existence is not already known outside the community, (ii).It can be reproduced by means other than from being grown from a seed(asexually propagated), such as by the rooting of a cutting from the plant, and, (iii).It must not be discovered growing in an uncultivated state, implying simply that if it was found growing freely in a field, the woods, mountain side, etc. This would suggest that it could have developed into its current state without any human involvement. But, if the plant is discovered, for example, in someone’s garden, or within the boundaries of the community, this increases the odds that this plant variety probably developed with some form of human