Compiled by: Sachi Kapoor | Concept & Edited by: Dr. Mohan Dewan
Recently, the Indian Patent Office denied registration for Application number 4668/DELNP/2007 filed on 18/06/2007. The device applied for registration is a U shaped couples vibrator named 'we vibe' produced by a Canadian based company 'Standard Innovation Corporation'. The IPO stated that, the device applied for registration outlines its distinguishing features, however, such features depend on the anatomy of the users and therefore cannot be considered 'novel'. Another ground for objection raised by the IPO for denying the patent application was on moral grounds under section 3(b) stating that 'adult toys are not considered useful or productive. Mostly these are considered to be morally degrading by the law'.
As per section 3(b) of the India Patent Act,
What are not inventions. -The following are not inventions within the meaning of this Act
" an invention, the primary or intended use or commercial exploitation of which, could be contrary public order or morality or which causes serious prejudice to human, animal or plant life or health or to the environment".
The product under question was successfully patented in Australia, Canada, China, Europe, Hong Kong, Mexico and the United States of America.
In India, section 292 of the IPC prohibits all articles, books, pamphlets which are 'deemed to be obscene' in nature and are likely to affect the morality of the public. Moreover, in order to regulate obscene content via the internet, section 67 of the Information Technology Act, 2000 prohibits publishing or transmitting obscene material in electronic form and also confers a punishment which includes 3 years of imprisonment and fine extending to Rs.5 Lakhs.
It is interesting to note that countries and states such as Thailand (part of prohibited items list), Vietnam (Vietnam Customs), Maldives (Maldives Customs), Alabama, USA (Anti-Obscenity Enforcement Act, 1998), the sale and possession of sex-toys is criminalized as it is considered to harm the morality of persons.
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