Odisha’s ‘Kai Chutney’ Receives GI Tag: Exploring the Culinary and Health Benefits of Red Ant Chutney

Apr 7, 2024 | General

Recognising Odisha’s culinary heritage, the beloved delicacy known as “Kai Chutney” has been bestowed with the prestigious geographical indication (GI) tag under the Geographical Indications of Goods (Registration and Protection) Act, 1999^[1]. Hailing from the Mayurbhanj district, this savoury condiment from red weaver ants stands out for its unique cultural significance and remarkable health benefits.

Weaver ants, scientifically known as Oecophylla smaragdina, play a central role in the creation of Kai Chutney. These industrious insects are commonly found in Mayurbhanj throughout the year, crafting nests from the leaves of host trees. Their nests, ranging from small single-leaf structures to large elliptical formations, demonstrate impressive resilience against wind and water.

The culinary journey of Kai Chutney begins with the careful collection and cleaning of red weaver ants from their forest habitats. Tribal communities, deeply rooted in this age-old tradition, sustain their livelihoods by harvesting these insects and crafting the renowned chutney. The preparation process involves grinding a blend of salt, ginger, garlic, and chillies with the collected ants and their eggs, resulting in a flavorful and aromatic paste.

But Kai Chutney is more than just a culinary delight; it’s also celebrated for its numerous health benefits. Packed with essential nutrients such as protein, calcium, zinc, and vitamins, this unique condiment offers a natural boost to one’s well-being. It is believed to alleviate ailments like flu, common cold, and whooping cough while enhancing appetite and vision.

Beyond its nutritional value, Kai Chutney holds cultural significance among the tribal communities of Odisha. It serves as a symbol of tradition and heritage, embodying centuries-old practices passed down through generations. Additionally, integrating red weaver ants into the diet showcases a sustainable approach to food production, offering an eco-friendly alternative to conventional livestock farming.

With its recent recognition through the GI tag, Kai Chutney stands as a testament to the rich culinary diversity of Odisha and the innovative utilisation of local resources. As this beloved condiment continues to captivate taste buds and promote well-being, it reinforces the importance of preserving and celebrating indigenous food traditions^[2].

Author: Gayatri Singh, UPES, Dehradun

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Understanding Diabetic Peripheral Neuropathy

Mar 14, 2024 | General

Diabetes is rapidly becoming a major global health crisis in the 21st century. There are currently 537 million persons between the ages of 20 and 79 who are living with diabetes, which is equal to 10% of the world’s population [1]. It is predicted that the number of individuals with diabetes will increase to 643 million by 2030, and further to 783 million by 2045 [2]. Diabetes is responsible for the majority of neuronal damage, visual impairment, and kidney failure in the non-elderly population. Approximately half of diabetic peripheral neuropathies (DPNs) may not exhibit symptoms, underscoring the importance of comprehensive screening, as neglecting foot care measures heightens the likelihood of harm.

Diabetic neuropathy, a condition characterized by high prevalence and disability, poses significant challenges in terms of management. These challenges include various complications, which not only burden individuals but also incur substantial financial costs. Diabetic foot is a significant factor in the global burden of disability and decreased quality of life. 14 -24% of diabetic foot patients require major or minor lower limb amputations [3]. There are 70 million diabetics in India out of which 50% have diabetic peripheral neuropathy and nearly 25-34% of them develop diabetic foot ulcer (DFU) and 1.2 million need special care for DFU [4]. The 5-year survival rate of diabetic foot patients with major amputations is 30%. There are 100000 registered amputations per year due to diabetes in India [5].

Additionally, individuals with a prediabetic status are more likely to develop DN at an earlier stage. The main complication associated with peripheral sensory neuropathy is the development of DFUs and subsequent minor or major amputations. Research has indicated that having underlying peripheral neuropathy raises the risk of any amputation by 1.7 times [6]. The risk increases by a factor of 12 if there is a deformity (caused by motor neuropathy) and increases significantly to 36 times if there is a previous history of ulcers.

Classifications of DPN

The primary categories of neurologic disorders in DM encompass:

• Subclinical neuropathy is determined by abnormalities in electrodiagnostic and quantitative sensory testing
• Diffuse clinical neuropathy with distal symmetric sensorimotor and autonomic syndromes.
  • Sensory or sensorimotor polyneuropathy
  • Selective small-fibre polyneuropathy
  • Autonomic neuropathy
• Focal syndromes:
  • Truncal mononeuropathy
  • Mononeuritis multiplex
  • Asymmetric lower limb motor neuropathy (amyotrophy)
  • Cranial neuropathy
• Mixed forms

Subclinical neuropathy is identified when there are no clinical indications of neuropathy, but abnormal electrodiagnostic tests show reduced nerve conduction velocity (NCV) or amplitude; quantitative sensory tests (QSTS) reveal altered perception of vibration, touch, and temperature; and autonomic function tests (AFTs) indicate dysfunction in sympathetic and parasympathetic nerves.

Risk factors for peripheral neuropathy

The risk factors for the development of diabetes-related peripheral neuropathy are as follows:

The risk factors with a major impact are:

1. Poor control of blood sugar levels
2. Long-standing diabetes
3. Damage to blood vessels
4. Alcohol consumption
5. Metformin use

The risk factors with a minor impact are:

1. Autoimmune factors
2. Genetic susceptibility
3. Smoking
4. Low levels of high-density lipoprotein (HDL)
5. Cardiovascular disease

A study found that the duration of diabetes mellitus (DM) is a major risk factor for neuropathy. Patients with DM for more than 15 years have an odds ratio of 8.03 (95% confidence interval 5.96-10.8, p<0.001) for developing neuropathy compared to those with a duration of less than 5 years [7]. The study also found that increasing age, the presence of dyslipidemia, and the presence of other microvascular complications are significantly associated with peripheral neuropathy (Fig.1).

Pathogenesis of peripheral neuropathy

The pathophysiology of diabetic peripheral neuropathy is multifactorial and is thought to result from vascular disease occluding the vasa nervorum; endothelial and myelin synthesis dysfunction and diminishing sodium-potassium adenine triphosphatase (ATPase) activity; chronic hyperosmolarity, causing oedema of nerve trunks; and effects of increased sorbitol and fructose. 

Nonenzymatic glycation predisposes ligaments to stiffness. Neuropathy causes loss of protective sensation and loss of coordination of muscle groups in the foot and leg, both of which increase mechanical stresses during ambulation.

Motor dysfunction of peripheral nerves in diabetic neuropathy leads to muscular imbalances in the diabetic foot. Muscle wasting of the intrinsic pedal muscles leads to overpowering of the spared extrinsic muscles, which results in significant forefoot deformities such as claw toes or hammer toes.  Autonomic dysfunction of the peripheral nervous system may lead to sudomotor dysfunction. This will result in dry, cracked skin, and intrinsic minus foot, which is more prone to injury and breakdown. 

The result of loss of sensation in the foot is repetitive stress; unnoticed injuries and fractures; structural foot deformity, such as hammertoes, bunions, metatarsal deformities, or Charcot foot; further stress; and eventual tissue breakdown.

Unnoticed excessive heat or cold, pressure from a poorly fitting shoe, or damage from a blunt or sharp object inadvertently left in the shoe may cause blistering and ulceration. These factors, combined with poor arterial inflow, confer a high risk of limb loss on the patient with diabetes.

Metabolic Hypothesis

Chronic hyperglycemia cause damage to peripheral nerves through various pathways, one of which involves an increase in the entry of polyol that is regulated by aldose reductase, also known as the polyol pathway. Another theory suggests that injury to the endoneurium of peripheral nerves is caused by an excessive build-up of advanced glycation end-products (AGES). Additionally, hyperglycemia contributes to peripheral neuropathy by generating oxidative stress-induced free radicals during the glycolytic process ( Fig.2 and 3).

Immune Hypothesis

In patients with DN, the presence of antiphospholipid antibodies and autoantibodies to gangliosides indicates a potential role of these factors in the development of DN.

Microvascular Hypothesis

Nerve ischemia is caused by microvascular insufficiency resulting from inadequate blood supply to the vasa vasorum. This insufficiency is contributed by an increase in the thickness of the vessel walls, hyalinization of the basal lamina, and impaired vasoconstriction and vasodilation.

Neurotrophic Hypothesis

Patients with DN exhibit a deficiency in neurotrophic factors such as nerve growth factor (NGF), neurotrophin-3/4/5, and insulin-like growth factor (IGF)-1

Clinical evaluation

The neuropathic symptoms are divided into focal and diffuse forms, of which the latter is far more common .

Diffuse Neuropathies

One should look for specific motor and sensory symptoms in patients as it helps in understanding the underlying nerves at fault. This can be understood from the following:

Acute Painful Neuropathy

Some patients with diabetes mellitus (DM) present with acute symptoms that persist for less than six months and are accompanied by moderate-to-severe pain. The pain caused by sensory neuropathy worsens at night and is often more pronounced in the feet than in the hands. As a result of the nocturnal pain, patients frequently complain of sleep disturbances and insomnia. The nature of the pain can be described as burning, stabbing, tingling, pins and needles, paresthesia, or a prick sensation.

In this scenario, the following possibilities should be considered:

– Insulin neuritis – Rapid correction of blood glucose levels – Chronic alcohol consumption – Associated amyloidosis and multiple myeloma – Human immunodeficiency virus (HIV) infection – Heavy metal poisoning (e.g., arsenic) – Fabry’s disease

Chronic Painful Neuropathy

Chronic painful neuropathy is a separate condition that typically develops later in individuals who have been diagnosed with DM for several years. In this case, the debilitating pain persists for more than six months.

Over time, many patients may experience a lack of pain, which is not necessarily indicative of symptom improvement, but rather due to neuronal loss. Hyperalgesia, on the other hand, refers to an increased perception of pain even in response to normal stimuli. Allodynia is the sensation of pain caused by a stimulus that is not typically painful.

The sensation of burning and pricking is attributed to C and Ao fibers, while Aẞ fibers are responsible for dysesthesias, paresthesias, and allodynia.

Large-fiber neuropathies

Large-fiber neuropathies affect the sensory or motor nerves. These neuropathies display more signs than symptoms. Fiber neuropathies cause changes in vibration perception, position sense, and cold thermal perception. These myelinated, rapidly conducting fibers primarily affect the toes rather than the fingers, as they are length-dependent fibres that are more noticeable in electromyography (EMG). The alteration of these fibres leads to a sensation of walking on cotton in the feet and, in severe cases, difficulty in distinguishing shapes and turning pages in books.

The clinical presentation of large-fiber neuropathies includes:

• Impaired vibration perception (often the first objective evidence) and position sense
• Decreased tendon reflexes.
• A deep-seated gnawing pain similar to a toothache in the bones of the feet, or even a crushing or cramp-like pain
• Wasting of the small muscles in the feet, resulting in hammer toes.
• Shortening of the Achilles tendon, leading to pes equinus.
• Increased blood flow, causing warm foot

Proximal motor neuropathies

Proximal motor neuropathies, also known as femoral neuropathy, diabetic amyotrophy, and diabetic neuropathic cachexia, have distinct symptoms and signs. This condition primarily affects the elderly, typically occurring after the age of fifty. The onset of symptoms can be gradual or abrupt, beginning in one leg and progressing to the other. The initial symptom is often pain in the thighs, hips, or buttocks, followed by proximal myopathy. Interestingly, heel or toe standing is usually unaffected despite weakness in the proximal muscles. Patients may experience spontaneous or provoked fasciculations, and electromyography (EMG) often reveals features of lumbosacral plexopathy. While proximal motor neuropathy is commonly associated with diabetes mellitus, it is important to consider other potential causes such as chronic inflammatory demyelinating polyneuropathy (CIDP), monoclonal gammopathy of unknown significance (MGUS), circulating GMI antibodies, and antibodies to neuronal cells and inflammatory vasculitis. If demyelination is the predominant finding on EMG, further investigation into causes other than diabetes mellitus is warranted, as the treatment options may differ in cases of femoral neuropathy.

Asymmetric neuropathies

Mononeuropathy

• Generally acute with pain.
• Usually in older population.
• It can involve truncal and cranial nerves (III and VI).
• Self-limiting and resolving in 6-8 weeks.
• Usually due to vessel occlusion.
• Treatment: Symptomatic for pain and physiotherapy.

Entrapment neuropathy

• Starts slowly and progresses slowly.
• Commonly involves the median (carpal tunnel), ulnar, radial, femoral, and lateral cutaneous nerve of the thigh.
• Treated with splints, nonsteroidal anti-inflammatory drugs (NSAIDs), and local injection.
• In some cases, surgery to decompress.

Mononeuropathies must be distinguished from entrapment syndromes, which start slowly, progress, and persist without intervention.

Nerve conduction studies

Electromyography-nerve conduction velocity (EMG-NCV) has become a crucial technique for tracking the early development and progression of peripheral neuropathy. These measures are objective, quantitative, noninvasive, and highly sensitive. The primary purpose of EMG is to distinguish between diabetic neuropathy and neuropathy of non-diabetic origin. Studies have rep that patients with an average HbA1c level >10% over an 8-year period exhibited a significant decrease in NCV.

Newer techniques

Newer techniques for evaluating small-fibre function include the use of:

• Corneal confocal microscopy, which allows the identification of unmyelinated axons in the cornea.
• Sudomotor function devices.

Treatment

Small fiber neuropathy

In order to manage the condition, it is important to engage in certain practices. For example, daily inspection of the feet is necessary, and using a handheld mirror to examine the soles of the feet can be helpful. It is also crucial to wear well-fitting Microcellular rubber (MCR) shoes to ensure comfort and prevent further complications. Additionally, it is advised to avoid exposing the feet to extreme temperatures. To combat skin drying and cracking, the use of moisturizing creams is recommended. After bathing, it is essential to thoroughly dry the feet. When it comes to nail care, cutting them transversely is the recommended approach.

Large Fiber Neuropathy

 In patients with DM and large fiber neuropathy, it is important to focus on gait and strength training. This is because individuals with this condition have an increased risk of falls due to sensory ataxia, weakness, incoordination, muscle wasting, and the possibility of fractures following falls. This is particularly true for post-menopausal women. Therefore, enhancing muscle strength is crucial in order to prevent complications related to DM and small fiber neuropathy. Microcellular rubber (MCR) footwear is the most commonly used material for patients with DM and peripheral neuropathy. It is recommended to use footwear with a shore value between 8 and 15 for those with DM. MCR footwear has proven to be effective in preventing the development and recurrence of ulcers.

Pharmacological treatment

Many prescription medications are available for diabetes-related nerve pain. Pain-relieving prescription treatments may include:

Anti-seizure drugs. Some medications used to treat seizure disorders (epilepsy) are also used to ease nerve pain. The ADA recommends starting with pregabalin (Lyrica). Gabapentin (Gralise, Neurontin) also is an option. Side effects may include drowsiness, dizziness, and swelling in the hands and feet [8].

Antidepressants. Some antidepressants ease nerve pain [8]. Tricyclic antidepressants may help with mild to moderate nerve pain. Drugs in this class include amitriptyline, nortriptyline (Pamelor) and desipramine (Norpramin). Side effects can be bothersome and include dry mouth, constipation, drowsiness and difficulty concentrating. These medications may also cause dizziness when changing position, such as from lying down to standing (orthostatic hypotension). Serotonin and norepinephrine reuptake inhibitors (SNRIs) are another type of antidepressant that may help with nerve pain and have fewer side effects. The ADA recommends duloxetine (Cymbalta, Drizalma Sprinkle) as a first treatment. Another drug that may be used is venlafaxine (Effexor XR). Possible side effects include nausea, sleepiness, dizziness, decreased appetite and constipation. Sometimes, an antidepressant may be combined with an anti-seizure drug. These drugs can also be used with pain-relieving medication, such as medication available without a prescription. For example, one may find relief from acetaminophen (Tylenol, others) or ibuprofen (Advil, Motrin IB, others) or a skin patch with lidocaine (a numbing substance).

Conclusion

Diabetic peripheral neuropathy is a multifaceted complication of diabetes that involves intricate pathological processes and interactions between various cellular and molecular factors. An in-depth understanding of the underlying pathophysiology is crucial for physicians, enabling them to adopt a targeted approach in diagnosing, treating, and managing DPN effectively. By addressing the pathogenic mechanisms discussed above, healthcare professionals can work towards developing novel therapeutic interventions and significantly improve patient outcomes in DPN management.

Author: Dr. Sanjay Sharma, MS, Diabetic Foot Surgeon

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Technology Transfer Agreement and it’s important clauses

Jun 14, 2023 | General

In today’s rapidly evolving technological landscape, the transfer of intellectual property rights, know-how, and technology plays a crucial role in driving innovation and economic growth. Technology transfer agreements serve as legally binding contracts that govern the transfer of these valuable assets from one party to another. Such agreements provide a framework for the licensor (the party transferring the technology) and the licensee (the party receiving the technology) to establish their rights and obligations, ensuring a smooth and mutually beneficial transfer process.

A technology transfer agreement is a legal contract that governs the transfer of intellectual property rights, know-how, or technology from one party to another party. This agreement ensures that both parties understand their rights and obligations regarding the use, ownership, and protection of the transferred technology.

Advantages of Technology Transfer Agreements:

1. 1. Facilitates Knowledge Exchange and Collaboration

Technology transfer agreements enable the exchange of specialized knowledge, expertise, and technical information between the licensor and the licensee. This collaboration allows the licensee to gain insights into new technologies, methodologies, or processes, which can enhance their own research and development efforts. It promotes innovation by leveraging the strengths and capabilities of both parties.

2. Accelerates Commercialization of Technology

By entering into a technology transfer agreement, the licensor can commercialize their technology more effectively. The licensee gains the rights to use, manufacture, or sell the technology, leveraging their existing infrastructure, market access, and distribution channels. This accelerates the process of bringing innovative products or services to the market, benefiting both the licensor and the licensee.

3. Expands Market Reach

Technology transfer agreements often involve the transfer of technology across geographical boundaries. For the licensor, this opens up new markets and opportunities that they may not have been able to access independently. The licensee, on the other hand, gains access to cutting-edge technologies or intellectual property rights that can enhance their competitiveness in existing or new markets. It facilitates market expansion and growth for both parties involved.

4. Risk Mitigation and Shared Expertise

 Technology transfer agreements allow for the sharing of risks and responsibilities between the licensor and the licensee. The licensor can mitigate their risks by transferring technology to a party that has the necessary resources, capabilities, and market presence. At the same time, the licensee benefits from the licensor’s expertise, research, and development efforts, reducing their own risks associated with developing new technologies from scratch.

5. Access to Intellectual Property and Exclusive Rights

 For the licensee, a technology transfer agreement provides access to valuable intellectual property rights, patents, trademarks, or copyrights associated with the technology being transferred. This grants them exclusive rights within a specified territory or market, ensuring a competitive advantage over rivals. The licensee can leverage these intellectual property rights to protect their investments and prevent unauthorized use by others.

6. Cost Savings and Efficiency

Technology transfer agreements can lead to cost savings for both parties. The licensee avoids the expenses associated with extensive research and development, as they can leverage the existing technology or know-how. The licensor benefits from the monetization of their technology, generating revenue streams through licensing fees, royalties, or other financial arrangements outlined in the agreement. This efficient utilization of resources benefits both parties.

7. Legal Protection and Clarity

By entering into a technology transfer agreement, both the licensor and the licensee obtain legal protection and clarity regarding their rights and obligations. The agreement clearly outlines the scope of the license, the permitted uses of the technology, and any restrictions or limitations. It also includes provisions for confidentiality, intellectual property rights, representations and warranties, and dispute resolution mechanisms. This clarity minimizes the potential for misunderstandings, disputes, or infringement issues.

While the specific clauses included in a technology transfer agreement can vary depending on the nature of the technology and the parties involved, here are some important clauses commonly found in such agreements.

1. Introduction and Background

The agreement typically begins with an introduction section that identifies the parties involved and provides a brief background on the purpose and context of the technology transfer. It may include a description of the technology being transferred and the objectives of the agreement.

2. Definitions

This clause is included to ensure clarity and common understanding of key terms used throughout the agreement. It provides precise definitions of important terms, such as the technology being transferred, intellectual property rights, know-how, confidential information, and any other specific technical or legal terms unique to the technology or the agreement.

3. Grant of License

 This clause outlines the scope and terms of the license being granted by the licensor to the licensee. It specifies whether the license is exclusive or non-exclusive, meaning whether the licensor grants the licensee the sole rights to use the technology or if other licensees may also be allowed. The clause may also define the geographical territory or market in which the license applies.

4. Payment Terms:

This clause details the financial aspects of the agreement, including any upfront fees, royalties, or milestone payments that the licensee is required to pay to the licensor. It may specify the payment schedule, currency, and any additional financial considerations. This clause also commonly addresses audit rights to ensure accurate reporting and verification of sales or usage data.

5. Confidentiality and Non-Disclosure

 Given the sensitive nature of technology transfer, this clause establishes the obligations of both parties to maintain the confidentiality of the transferred technology and related information. It includes provisions for marking information as confidential, restrictions on disclosure to third parties, and the duration of the confidentiality obligations. This clause ensures that proprietary information remains protected.

6. Intellectual Property Rights

 This clause addresses the ownership and protection of intellectual property rights associated with the technology being transferred. It clarifies whether the licensor retains ownership or if it is transferred to the licensee. It may also include provisions for the registration, maintenance, and enforcement of these rights, as well as any limitations or restrictions on their use.

7. Representations and Warranties

 In this clause, the licensor makes certain statements and assurances regarding the technology being transferred. These representations and warranties may include affirmations about the licensor’s ownership of the technology, its validity, or its non-infringement of third-party rights. This clause provides a level of assurance to the licensee regarding the quality and legality of the technology.

8. Indemnification

This clause outlines the parties’ obligations to indemnify and hold each other harmless from any claims, damages, or liabilities arising from the transfer or use of the technology. It provides protection in case of intellectual property infringement or other legal disputes. The clause may specify the indemnification process, including notice requirements and the extent of the indemnifying party’s liability.

9. Term and Termination

This clause defines the duration of the agreement and the conditions under which either party can terminate it. It may include provisions for termination due to breach of contract, insolvency, or mutual agreement, as well as any post-termination obligations, such as returning or destroying confidential information or discontinuing the use of the technology.

10. Governing Law and Jurisdiction

This clause determines the jurisdiction and laws that will govern the interpretation and enforcement of the agreement. It helps resolve any potential disputes by specifying the courts or arbitration procedures that will have jurisdiction over the agreement. This clause ensures that the agreement complies with the legal requirements of a specific jurisdiction or that it aligns with the parties’ preferences for resolving disputes.

In conclusion, technology transfer agreements play a vital role in facilitating the transfer of intellectual property rights and technology between parties. They promote collaboration, accelerate commercialization, expand market reach, mitigate risks, provide legal protection, and offer various other advantages to both licensors and licensees. These agreements are essential tools for fostering innovation, driving economic growth, and maximizing the value of technology.

Reference

Akhzami, & Al, S. (2018). Technology Transfer and Commercialisation. Daya Publishing House. Retrieved from https://www.perlego.com/book/3067576/technology-transfer-and-commercialisation-pdf (Original work published 2018)

Author: Anas, Christ Academy Institute of Law, Bengaluru

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Importance of PoSH Policy in a company

Jun 7, 2023 | General

In the year 1977, despite the absence of established safeguards for women, the Supreme Court acknowledged their importance in the case of Vishaka & Ors. vs. State of Rajasthan. As a result, several laws were subsequently established in India to prevent the sexual harassment of women.

One significant legislation is the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, commonly referred to as the ‘PoSH Act.’ This Indian law was enacted to foster a safer work environment by preventing, prohibiting, and addressing instances of sexual harassment. The Ministry of Women and Child Development enforced this law nationwide in December 2013. Under this Act, sexual harassment is recognized as a violation of a woman’s fundamental rights, including equality, dignity, and the freedom to pursue any profession or occupation. By acknowledging the importance of safeguarding women’s well-being at work, the PoSH Act plays a vital role in promoting gender equality and protecting the rights of women.

PoSH Compliance

The scope of the POSH Act extends to cover companies, workplaces, facilities, or organizations with a workforce of ten or more individuals, regardless of their employment type (full-time, part-time, interns, or contract workers), industry, or location.

According to definition of workplace given under section 2, the PoSH Act applies to workplaces of all types, including government and private sector offices, factories, shops, and more. It is intended to protect women in the workplace from sexual harassment, regardless of their age, marital status, or position within the company. The policy also covers women who are indirectly associated with the company, such as contractors or service providers under its control and supervision. Its purpose is to provide comprehensive protection and support to all women in the workplace, regardless of their employment status or contractual arrangements.

This legislation outlines several essential measures that companies must implement to establish a conducive workplace environment for their female employees. These measures include:

1. Formulating a policy aimed at preventing sexual harassment within the company.
2. Establishing an Internal Complaints Committee (ICC) responsible for handling and resolving sexual harassment complaints.
3. Conducting regular awareness programs to educate employees about their rights and responsibilities in creating a safe workplace.
4. Preparing and submitting an annual POSH Compliance Report to ensure ongoing adherence to the Act’s requirements and guidelines.

By adhering to these prescribed measures, companies can proactively cultivate an environment that prioritizes the well-being and security of their female workforce, thereby fostering an inclusive and supportive workplace culture.

PoSH Policy

The PoSH policy encompasses the guidelines and procedures that Indian companies must follow to comply with the law. The PoSH Act mandates every company to establish an Internal Complaints Committee (ICC) responsible for investigating sexual harassment allegations. The policy outlines the composition, duties, and responsibilities of the ICC, as well as the procedures for handling and resolving complaints. It also sets specific timelines for conducting investigations and resolving cases related to sexual harassment.

Furthermore, the policy provides protection to women who report sexual harassment complaints, safeguarding them from any form of victimization or retaliation. In accordance with the PoSH Act of 2013, companies are also obligated to conduct regular awareness and training programs on sexual harassment prevention and ensure a safe and supportive workplace for all employees.

Non-compliance with the PoSH Act can result in legal and financial consequences for employers. Hence, it is crucial for companies to establish and enforce the PoSH policy, prioritizing employee protection and fostering a positive work environment.

Important clauses in a PoSH Policy

1. Scope and Objective– The policy should start with a section that introduces its purpose, scope, and application. It should provide a comprehensive overview of the policy’s extent, including the types of employees (full-time, part-time, contract-based, interns) and workplace environments (offices, branches, remote locations) to which it pertains.
2. Definitions- This clause of the policy should provide proper definitions of important terms like employer, workplace, employee, aggrieved woman, sexual harassment, etc. which is also in line with the definitions provided in the PoSH Act.
3. Prohibition of Sexual Harassment– The policy should clearly state that the workplace has a zero-tolerance policy towards sexual harassment and that all forms of harassment will be met with appropriate disciplinary measures.
4. Responsibility of the Employer– The policy should highlight the role of the employer in ensuring the prevention of sexual harassment at workplace and o diligently implement the PoSH policy in the company.
5. Internal Complaints Committee– The policy should include information about the ICC’s composition, functions, and duties, as well as their training and the method for reporting complaints.
6. Complaint Procedure– The policy should provide the process to submit a complaint to the ICC including the time limits. It should also mention the procedure for ICC to receive, investigate and decide upon the complaint accordingly.
7. Confidentiality- The policy should emphasis on maintaining the confidentiality and privacy of those involved in the complaint procedure.
8. Training and Awareness Program- The policy should encompass provisions regarding the implementation of routine awareness and training initiatives focused on preventing sexual harassment, guaranteeing that all employees are well-informed about their rights and obligations in this regard.
9. Disciplinary Action- The policy should clearly mention what kinds of disciplinary action will be taken against employees for non-compliance with the PoSH policy.

To conclude, the implementation of a PoSH Policy in every company is the right step to take to ensure a safe and inclusive workplace for all employees, especially women. It is the fundamental right of every woman to be able to work in a dignified manner, without being exposed to harassment. Thus, having a PoSH policy can empower employees, promote equality, and ultimately lead to the overall success and well-being of a company.

Author: Indra Priyadarshini,  Origiin IP Solutions LLP

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Personality Rights and IP Law

Dec 15, 2021 | General

Recently, an app’s advertisement read “Speak English as fluently as Shashi Tharoor,” regarding which, the Kerala MP was forced to clarify that he is not endorsing the app and that legal action would be taken against the makers of the app for misusing his name and picture for promotion[i]. We come across many such instances in the contemporary world due to the advent of various social media platforms, and in such cases, the personality rights of a person are violated.

G.W.F. Hegel, a German philosopher, viewed property as an extension of personality[ii]. Based on this, many modern theorists argue that property rights are linked to human rights such as liberty, privacy, identity, etc. Personality is a means through which a person is identified in the society and therefore, the protection of personality in the form of a right essentially protects private property which are of the form of intellectual property. Each person has a right to control the commercial use of their name, image, or any matter that forms a part of their identity. These rights are called personality rights. In India, there are no codified laws enacted to protect personality rights, but it is protected under fundamental rights, Copyright Act, Trademark Act, and through various judicial pronouncements. An overview of the protection guaranteed under the law is presented in this article.

Common Law and Constitutional Protection of Personality Rights

One of the earliest case laws that we can find on the violation of personality rights is that of Tolley v. JS Fry & Sons Ltd[iii], although the case was about defamation under tort. The defendant’s advertised their product, ‘Fry’s Chocolate Creams’, using a caricature representing the claimant, who was a well-known amateur golfer, without his consent. The court held that the defendants are guilty of libel because they had exploited a person’s image without his consent, thereby amounting to an ‘appropriation of personality’. The offence of passing off under tort, which prevents a trader from misappropriating another trader’s goods or services, is also an example of protection guaranteed to personality rights under tort.

Personality rights as such do not find a place in the Indian Constitution but in the case of Justice K.S.Puttaswamy(Retd) vs. Union Of India[iv], privacy was recognized as a fundamental right under Article 21 of the Constitution. Privacy, as an extension of liberty, is a ‘right to be let alone’[v], and any person misappropriating the identity of a person without their consent is said to have violated the fundamental right to privacy and thereby, the personality right.

Personality Rights and The Indian Copyright Act, 1957

Section 13 (1) of the Act defines the scope of the Act and states that it is applicable to:

1. original literary, dramatic, musical and artistic works;
2. cinematographic films;
3. sound recordings.

Further, Section 14 of the Act provides exclusive right to do or authorize reproduction of their artistic work. Copyrights are not provided to identity as such, and the copyrights of the image of a person is vested with the photographer and not the said person. Therefore, the misuse of any such image violates the copyrights of the photographer and fails to protect the personality right. However, Section 38 of the Act provides right over performances to the performer and the performer has exclusive rights over the recording and reproducing of the performance. Even after the performer has consented to the incorporation of the performance in other forms, the moral rights of the performer are protected from distortion or mutilation of the performance which could harm his reputation. Right to paternity and right to integrity is protected under Section 57 of the Act, thereby protecting the personality rights of the artists. In the case of Amar Nath Sehgal vs. Union of India[vi], Amar Nath Sehgal created a bronze mural for International Convention Hall in Delhi as per the request of the government of India in 1959, which was placed on a wall in Vigyan Bhavan. Later it was pulled down and consigned to the storeroom of the Union of India in the year 1979 without his permission. The Delhi High Court upheld the moral right of the artist, holding that the act of the government amounted to distortion of the artist’s work which is detrimental to his reputation.

Personality Rights and The Indian Trade Marks Act, 1999

Section 2(1) of the Indian Trade Marks Act, 1999, allows registration of any “sign capable of distinguishing goods and services of one person from another” and Section 2(1)(m), which provides the definition of ‘mark’ to include name as well. Section 14 of the Act states that when an application is made for registration of a mark which dishonestly suggests an association with a living person or a person whose death took place within 20 years of the date of application, the Registrar may seek consent from the living person or the legal representatives of the deceased person before granting the registration. Through Section 2 and Section 14, the Indian Trade Marks Act, 1999, protects the identity of an individual from being misused.

Judicial Recognition

One of the most important cases where personality rights were recognized, was in the case of ICC Development (International) Ltd. vs. Arvee Enterprises[vii], in which the Delhi High Court held that: “The right of publicity has evolved from the right of privacy and can inhere only in an individual or in any indicia of an individual’s personality like his name, personality trait, signature, voice. etc. An individual may acquire the right of publicity by virtue of his association with an event, sport, movie, etc”

In the case of TITAN Industries vs. M/s Ramkumar Jewelers[viii], the Delhi High Court granted a permanent injunction against the hoarding of the defendant’s advertisement which was similar to the plaintiff’s and featured Mr. Amitabh Bachchan and Mrs. Jaya Bachchan. The court stated that: “When the identity of a famous personality is used in advertising without their permission, the complaint is not that no one should not commercialize their identity but that the right to control when, where and how their identity is used should vest with the famous personality. The right to control the commercial use of human identity is the right to publicity”.

Conclusion

Shakespeare in his celebrated play, Romeo and Juliet, writes:

“What’s in a name? that which we call a rose

By any other name would smell as sweet”

Although the lines suit the context of the play, they can hardly be generalized. The identity of a person is of vital importance as there is an increase in the commercialization of the personality. Any person imitating a celebrity, even if the person’s imitation is accurate, is still not the same as a celebrity. The ‘name’ or the ‘image’ of the personality is what drives the commercialization rather than their art, which has taken the form of an intangible property over the years. The Copyright Act and Trade Marks Act protect personality rights to a certain extent, but there is a need for enacting a law that protects personality rights more effectively.

Author: Rachel Thomas

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Covid-19 – A clarion call for a robust public-private disaster management program

Jul 13, 2020 | General

Bill Gates had predicted in 2015 that the global catastrophe killing millions of people would most likely be a highly infectious virus, not nuclear missiles as everyone thought. If you have missed this popular one, you can watch the video here: https://www.youtube.com/watch?v=6Af6b_wyiwI.

Now, digest this. Four years on, in their annual report on global preparedness for health emergencies, the Global Preparedness Monitoring Board in September 2019^[1] specifically warned that there is a very real threat in the near future of a rapidly moving, highly lethal pandemic of a respiratory pathogen killing anywhere between 50 to 80 million people and wiping out nearly 5% of the world’s economy.

In a connected, digitally-enabled world that has increasingly spent billions on technological progress, nuclear deterrents, consumer products, AI enabled predictive models and sciences and even diagnostic healthcare spends, it is appalling that leaders across the world and global watchdogs alike including the WHO have ignored all warning signs of the impending catastrophe.

The GPMB states that large scale viral outbreaks have been on the rise for the past several decades and this trend will likely continue. Even as the world scrambles to battle the COVID-19 pandemic with no long-term planning, my fear is that the next wave of this epidemic, or the next muted virus will be more severe, with consequences much worse. The COVID-19 crisis is a clarion call for a globally synchronized Disaster Management Program that needs to be implemented at regional levels, in every single country, to ensure this nightmare doesn’t repeat.

Here are my thoughts on WHY and HOW governments and international healthcare regulatory bodies must act today to set up effective Disaster Management Programs to save us from existential crisis.

1. More active role by global entities like the WHO: The modern, uber-connected world is symptomatic of a lifestyle unimaginable two decades ago. The globe has shrunk with transnational supply chains and frequent international travel – both magnifying the extent of infection spread and subsequent economic and social impact as we are experiencing with COVID-19. [2] As I mentioned in my paper on The New Socio-Economic Normal After the Coronavirus Pandemic, COVID-19 has driven home the fact that no single institution or country, however developed, can step up adequately to address the impact all by itself. This reiterates the need for extensive international co-ordination, communication and collaboration in the prevention of infectious diseases. It calls for arduous and obsessive governance by stakeholders like the WHO and Global Technical Council on Infectious Disease Threats. These organizations need to rise beyond mere policy making and arbitration to ensure effective planning, governance, regulation, implementation of necessary measures and contingency efforts while providing necessary leadership and support to countries globally.
2. Disaster Management planning is not equal to healthcare spends: Globally, statistics reveal that spends in healthcare on research in non-communicable diseases, advancements in procedures and precision medicine have increased substantially in the last decade. For instance, the US spent nearly 16.9% of their GDP on health, and Italy and Spain – 9% of their GDP. And yet, these are some of the countries most unprepared and impacted by COVID-19. Mc Kinsey and Company’s report suggests it could take the US and Eurozone economies up to 3 years to recover from the impact of COVID-19.[3] The next epidemic will likely take global powerhouses even longer to recover from if we do not act now to focus on proactive disaster management.
3. Increased investment in research: Research spends globally on infectious diseases has been flagging in recent years. Across the world, nations have followed a cycle of panic and neglect when it comes to pandemics: we step up efforts too late in the cycle – when in the eye of the storm, and then quickly forget about them when the threat subsides. The key to controlling the impact of pandemics lies in proactive research and preparedness to minimize the social, health and economic impact of the outbreaks at a global level. According to the NCBI, a commitment of an incremental $4.5 billion USD per year would make the world much safer. There must be continuous study, transparent knowledge-sharing, research collaboration, and a sustained exchange program of talent, skill and technology to ensure equitable access to the latest in preventive research. This is the ONLY way the world will survive another disaster such as this.
4. Proactive and dedicated Disaster Management Program: It is well past time to act and budget specifically for a Disaster Management Program. Governments needs to specifically pump up preventive research funding in biological sciences, homegrown pharmaceutical companies and biotechnology. This must also include provisioning for healthcare infrastructure, material, emergency supplies and medical equipment, PPE, home-grown technology and know-how. Equally important, healthcare professionals and workers across the country must mandatorily attend Disaster Management Program certifications. Collaboration between government healthcare institutions and private sector hospitals will help train caregivers, doctors and nursing staff on the basics and essentials of caregiving during pandemic times. The Disaster Management Program must be a comprehensive, proactive, preventive program that is carried out as a centralized, national policy, a defined part of the union budget/plan. It cannot be a reactive measure as is the case today.

According to the United Nations Office for Disaster Risk Reduction (UNDRR), even the most conservative models suggest that pandemic risks are on par with other high-profile economic threats, including climate change or natural disasters. Even as we struggle to cope with COVID-19, it would bode well for us to start preparing for the next inevitable viral wave. It is time to focus on turning off the tap with an effective Disaster Management Program in place, instead of spending all our efforts on mopping the floor, costing us millions of precious lives and the economy, years of recovery.

Author: Dr. Srivats Bharadwaj, MDS, Chairman & CEO, Vatsalya Dental

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An urgent call for CPR to resuscitate dentistry in the country

May 6, 2020 | General

As a practicing dentist for 23 years now, I have seen my fair share of success during what has been a promising time for dentistry in the last decade. The overall market size of the Indian dental industry was estimated to be approximately USD 2 billion in 2019. Investors have been pumping money into dental chains and specialist dental centers over the last few years. Every fifth ad on TV is for an oral healthcare product. Dental tourism accounted for about 10% of the total medical tourism and was projected to grow at 30% per annum. The India dental service market was expected to grow at a CAGR of 7.34% through 2025.

However, this scenario has changed dramatically today with the coronavirus pandemic. According to the New York Times, dental surgeons are at the highest risk of contracting and transmitting the Coronavirus, alongside paramedics, nurses, and other healthcare workers. Agreeably, dental clinics across the country have been shut for over a month and a half since lockdown measures were announced, and for longer in Karnataka. Most of us who understand the ramifications of this pandemic are preparing to hold off reopening our clinics for at least a few more months – which translates into zero earnings, and consequently a very uncertain future for us and the staff at our clinics.

Here is a quick peek into the stark future of dental practice post CoVID-19. According to the DCI’s advisory released on 16th April 2020, dentists must now strictly follow all protocols to decontaminate, disinfect and sterilize at the clinics as prescribed, enabling us to treat a maximum of only 3 or 4 patients a day. Dentists and our assistants will now need to mandatorily use PPE suits, goggles, face shields, N95 FFP3 masks, surgical gloves and shoe covers, single use chair covers etc., and more for all procedures. With this, already exorbitant treatment costs will at least double, if not more. Informal checks suggest that nearly 80% of dental clinics at present don’t follow the most basic sterilization protocols. If some of these practitioners choose to compromise on the quality of PPE used or sanitation maintained in their clinics, the resulting impact to societal health will be catastrophic. Apart from the huge monetary investments required to continue safe dental practice, there is also the equally important issue of proper training and process management in following these protocols to ensure minimal risk to patients and dentists alike. The advisory also recommends only emergency dental services in the near future, further impacting the financial plight of dentists. When the lockdown measures do ease up finally, given the overall uncertainty in the economy, people will tend to put off any elective dental procedures as they are not covered under health insurance schemes, despite repeated appeals by dentists in the last decade.

Now for some math. India has over 2.7 lakh dentists registered with the Dental Council of India (DCI) according to the NHP 2018, and we have an average of 27,000 new dentists graduating every year. Unemployment of dentists in urban areas is a huge issue already with projections revealing a surplus of about one lakh dentists in the country today. Now, multiply this with the unemployment aftermath of CoVID-19. While there are no official statistics released in India on the impact of CoVID-19 on dentistry yet, a poll conducted by the American Dental Association says 46 percent of dentists indicated they would likely need to sell their practice or file for bankruptcy if the current situation continued beyond August 2020. I suspect the scenario would be the same in our country, if not worse.

CoVID-19 is threatening to reverse the growth trajectory and ring in the death knell on dentistry as a profession in India. There is a serious and immediate need for government intervention to help support and stabilize the dental industry. Call it an urgent requirement of CPR for dentistry if you will.

Here are 5 ways the government can address the malady affecting the dental industry today.

1. Inject fiscal support for the fledging industry over the next two years: This could be on subsidized provision of quality PPE, sanitization equipment and material, and reduction on import duty levied on expensive dental equipment to ensure dentists maintain adequate hygiene standards and aseptic protocols necessary for safe practicing. What would also help is perhaps an easing of taxes for the industry for the next two years, interest-free loans and top-ups. Equally importantly, there is a need for a government led business insurance plan for dentists and their practicing staff protecting them for losses and health concerns arising as a result of exposure to the viral strain or other pandemics. In parallel, we must bring dental treatment under insurance coverage for the general public. Combined with this, the government must also actively look into setting up ancillary industries that can cater to the requirements of the healthcare industry, boosting employment locally and reducing our dependence on medical imports.  
2. Move away from a compartmentalized approach to oral health: Dentistry has long been the forgotten, poor cousin amongst healthcare practitioners and consequently, in public perception as well. However oral health is the window to general health – with more than 120 medical conditions that can be diagnosed through an examination of the oral cavity. Regular preventive oral checkups can reduce both the risk of diseases and the cost of oral treatment which can otherwise be very expensive. The government should ensure every government hospital and primary healthcare center across the country has a dedicated oral healthcare department – this will also provide employment to the thousands of dental graduates in the country who can train to pick up expertise and practical knowledge on the field that is currently lacking.
3. Restructure dental education and bring it under general medicine: I will say this one like it is. Dentistry has mostly been an afterthought profession for aspirants of general medicine who did not quite make the cut with their entrance scores. As a result, there is general apathy towards dentists both within the medical community and in the larger healthcare segment. Combined with this, the standards of dental education are abysmally low in the country. Concepts taught in dental schools haven’t changed in the last 3 or 4 decades while what is practiced on the field is vastly different, aided by technological and scientific advancements. Dental graduates are unable to diagnose basic general health conditions or read ECG / CT scan reports. Pharmacology likewise has become very advanced while dental grads fresh off the campus struggle with basic prescription details. The science of dentistry is fast disappearing and what colleges are churning out are mere technicians practicing age old procedures that are no longer relevant.

The standards of dental education must improve for long term gains. Dentistry should be brought under general medicine where students earn a primary MBBS degree and then specialize in dental sciences at the post-graduate level. The government should also relook at existing teaching licenses for colleges in the country and weed out those who do not meet the requisite standards in theory and practical exposure. This will help address 3 issues plaguing the industry currently – Dentistry will no longer be a poor substitute option for MBBS reject candidates, and quality of service will no longer be impacted. Dental graduates will be better equipped to study the field as a holistic science, understand the co-dependence of dental health and overall health, and will be better prepared in dealing with any medical emergencies in their practice, resulting in better patient care.  Third, in the event of national health emergencies such as the CoVID-19 pandemic, the country will have a larger, better equipped pool of medical professionals who can provide basic health care services at scale.

4. Encourage public – private partnerships: Dentistry and the medical field in general are lacking innovation and a healthy competitive spirit at the graduate level. There is a pressing need for privatization and globalization of dentistry and medicine, which will bring in a healthy dose of aggressiveness, agility and exposure to cutting-edge technology and the latest research – opening up opportunities and access to knowledge – all ultimately benefiting the practitioners, the industry and patient care. The government must encourage private partnerships within the country and with reputed universities abroad. They can well counter any perceived reduction in quality of education by formulating appropriate guidelines to be strictly enforced by regulatory bodies that govern these alliances.
5. Periodic assessment and mandatory skills upgradation: The dental industry must have an active regulatory authority that periodically assesses all dental clinics across various parameters including expertise and exposure to the latest in dental practices and hygienic practicing conditions. This could be implemented through a mandatory skills upgradation program that is linked to license renewal for dentists every two years, after a thorough assessment.

The road to recovery will be painful and prolonged. But this health emergency won’t be the last one. And we must be better prepared for what is likely to come next and equip the dental fraternity and industry to overcome the next hurdle. The above measures will not only help us produce dentists and medical professionals who are competent and confident in tackling health issues in the new decade, they will also bring in much needed investment and revenue injection into healthcare. This in turn will increase employment in allied fields including dental technicians, assistants, lab specialists, etc. It will also provide an impetus to ancillary manufacturing industries that will further generate employment and revenue in the country, nudging us back onto the growth trajectory of being a leading dental and healthcare destination globally.

Author: Dr. Srivats Bharadwaj, MDS, Chairman & CEO, Vatsalya Dental

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In Vitro Diagnostics (IVD) and Regulatory Approvals

Nov 16, 2019 | General

In Vitro Diagnostics (IVDs) are devices as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act. According to section 351 of Public Health Services act, IVDs are biological products. Similar to any other medical devices, IVDs are also subjected to premarket or postmarket controls. IVDs are generally also subject to categorization under the Clinical Laboratory Improvement Amendments (CLIA ’88) of 1988.

Some examples of IVDs are:[1]

• Hepatitis or HIV tests
• Clinical chemistry
• Coagulation test systems
• Urine test strips
• Pregnancy tests
• Blood sugar monitoring systems for diabetics
• Receptacles manufactured specifically for medical specimens

Classification Of IVDs By FDA

FDA has classified the IVDs into three classes, Class I, Class II, Class III. The classification has been based on the level of regulatory control that is necessary to reasonably assure the safety and effectiveness of the devices.

The Code of Federal Regulations lists the classification of existing IVDs in 21 CFR 862, 21 CFR 864, and 21 CFR 866.

IVDs & Covid-19

In terms of immediacy and global demand, SARS-CoV-2 presents a totally different opportunity and challenge compared to all other IVDs tests. The number of SARS-CoV-2 tests already being carried out worldwide most likely outstrips all other infectious disease testing.[2]

But, there are some IVDs that seriously exist and help in further diagnosis of corona virus infection.

The IVDs and SARS CoV-2 & COVID-19 have several enlisted:

1. DIAGNOSTIC TESTS: Tests that detect the designated corona virus and the infection with SARS Cov-2 virus. These include molecular tests and molecular tests and antigens tests.
2. SEOLOGY/ ANTIBODY AND OTHER ADAPTIVE IMMUNE RESPONSE TEST

These are the tests that detect anti bodies in the body of a person. These anti bodies are IgM, IgG. But the limitation of these tests are that these cannot be used when the person is currently infected.

3. TEST FOR MANAGEMENT OF COVID-19 PATIENTS

There are some tests that are authorized for the use in the management of the patients with COVID-19 infection. These are basically bio markers to test the inflammation in the body.

IVDs though are useful, but they do possess risks when used without knowledge. They are:

• There is a risk of false positive and false negative results with all in-vitro diagnostic tests.
• Failure to follow the IFU may affect test performance and impact the validity of the test result.
• Positive results need to be considered alongside other clinical information such as past medical history, results from diagnostic testing and history of exposure.
• A false negative result may occur due to inadequate sample collection, storage, and/or handling, therefore, a negative test result does not eliminate the possibility of SARS-CoV-2 infection.
• When self-swabbing is required, it can be difficult to ensure that a sufficient sample has been obtained. It is important to follow the instructions for use carefully.
• Some tests may not have been evaluated for use in asymptomatic individuals (i.e. individuals without signs and symptoms of respiratory infection). The test performance may differ in these individuals.
• The IFU may specify that the test must be used within a number of days post onset of symptoms.
• The predictive value of the test (probability of a given result being a true result) depends on the prevalence of the disease.

Approval needed in case of IVDs

Step 1

Medical devices and IVDs are regulated by the Drug Controller General of India (DCGI) within the Central Drugs Standard Control Organization (CDSCO), part of the Ministry of Health and Family Welfare. The regulatory framework for medical devices is based on the Medical Device Rules, 2017. In India, only few Medical Devices and IVDs need approval and go through a lengthy approval system. A full list can be found in the CDSCO’s Notice on the classification of medical devices and IVDs. This is not an exhaustive list. CDSCO does not maintain a single list of regulated devices, but rather subjects devices to regulation through the Drugs and Cosmetics Rules, the Medical Device Rules 2017, and subsequent Gazette Notifications, which should be reviewed prior to making a final determination of a device’s regulatory status.

Step 2

The person manufacturing the IVD or medical device has to appoint an Authorized agent to interact with CDSCO on his behalf. The agent should comply with all the requirements.

Step 3

Class B, C, and D IVDs require in-country performance testing through the National Institute of Biologicals (NIB) or an accredited lab. Class D IVDs require performance testing through the National Institute of Biologicals (NIB). Class B and C IVDs require performance testing through an accredited Indian lab, though CDSCO may instead accept existing reports for such products with approval in a major regulatory market.

Step 4

The next step includes, compiling the applications, including manufacturing facility information, device technical information, ISO 13485 certificate, IFU, testing results (if applicable), clinical data (if applicable), proof of approval in the US, EU, Australia, Canada, or Japan, plus proof of approval in home country (satisfied by CFS/CFG).

Step 5

Then, we can file an application for registration/Import license with CDSCO and pay the required fees. The documents should be English.

Step 6

The CDSCO reviews applications and may require a Technical Presentation. Approximately 25% of applications require a formal Technical Presentation. The Technical Presentation is an in-person meeting with the CDSCO to discuss the product in more detail. A representative from the manufacturer (such as an engineer) is expected to attend this meeting along with the India Authorized Agent.

Novel devices will also undergo a Subject Expert Committee (SEC) review. Devices novel to the Indian market (new technology, material, intended use) may face additional regulatory hurdles. CDSCO may require clinical studies conducted in India prior to regulatory approval, or the agency may issue a restricted approval. A restricted approval could include a requirement to actively collect and submit post-market data. The SEC meeting will include local clinicians and other experts who will weigh in on the acceptability of the existing clinical data.

Step 7

The CDSCO issues an Import License in Form MD-15. Following the implementation of the Medical Device Rules, 2017, the processes for obtaining device registration and import licensing were combined in India. Accordingly, the CDSCO does not issue Registration Certificates under the Medical Device Rules, instead issuing market authorization for foreign devices through the Import License (Form MD-15).

The License does not expire; however, license retention fees are due every five years.

Step 8

Once approved, only the Indian Authorized Agent may import products. However, one can obtain multiple registrations for the same device through different Authorized Agents.

This is an improved outline of the process for approval. The CDSCO may choose to audit the submission and request more documents, which will add time to the IVDs approval.

Author: Apoorva, ICFAI Law School, ICFAI University, Dehradun

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[1] https://www.tuvsud.com/en-in/industries/healthcare-and-medical-devices/medical-devices-and-ivd/medical-device-market-approval-and-certification/invitro-diagnostic-medical-devices-directive

[2] “In Vitro diagnostics and the corona virus pandemic”- Liz Thorn

https://www.europeanpharmaceuticalreview.com/article/127199/in-vitro-diagnostics-and-the-coronavirus-pandemic/

Talwar Bindi: From Beauty to Health

Sep 14, 2018 | General

India is one of the countries where Iodine deficiency is a major cause of concern. According to a survey conducted by the Indian Journal of Medical Research it was found that 263 districts out of 325 that were examined for the survey showed high risk of Iodine Deficiency Disorder which shows the lack of iodine consumption by the people (Pandav et al., 2013, 418-433).

Such deficiency of Iodine in the body can lead to various diseases such as goitre, Hypothyroidism and additional complications like decreased fertility and increased death rate among infants. The lack of iodine consumption by the people shows the lack of awareness among people in rural areas regarding the importance of iodine. In order to combat the problem in India, the Government and various NGOs have started different initiatives at the local and national levels. However, no one comes close to the creativity and effectiveness of the mission launched by the NGO called Grey Singapore which is called ‘The Life Saving Dot’ (Basu, 2015). This article will talk about the idea behind the initiative and its impact on the lives of women in different parts of the country.

CORE INNOVATION

The objective behind launching such an initiative was to help the women in rural parts of India, fight the problem of Iodine deficiency without impacting their daily lifestyle or habits so that they don’t have to invest in any other fancy equipment. These conditions were fulfilled by an ornament. Bindi is widely worn by women in India and the idea of using it as a tool to fight against Iodine deficiency, firstly came to Ali Shabaz who is the Chief Creative Officer of Grey Singapore (Basu, 2015). This was the first initiative of its kind, as never before a traditional ornament was used to fight disease. Grey Singapore saw the potential in the idea and teamed up with “Talwar”, one of the major bindi manufacturers and distributors in India, and also with “Neelvasant Medical Foundation” another NGO, which is widely active in the region of South India, in distribute the bindis to the tribal women, with having the vision of overcoming the Iodine deficiency disease among women. (Basu, 2015).

Manufacturing of such bindis does not require any special machinery and the process of usage is also as simple as placing it on the forehead. Such bindis have a certain amount of iodine in its adhesive roughly around 150-200 micrograms. When a woman wears the bindi some of the iodine which is present in the adhesive, gets absorbed by the skin through the process of dispersion, which takes place through the skin of the person while wearing the bindi (WPP, n.d.). The amount of dispersion of iodine that takes place is around 12% which is around 24 micrograms of iodine a day which will have a significant impact on the health of women.

CONCLUSION

The iodine bindi can be seen as a very effective tool against Iodine deficiency disease. On top of providing various benefits to the user, it has no side effects on the body of women who use them regularly. When it comes to pregnant women, Iodine bindi is safe to use and has no effects on the health of the infants; rather they tend to lower the chances of headache which is common among iodine deficient women during pregnancy.

Iodine bindi has been helping women in rural areas, tremendously in combating iodine deficiency disease, uniquely and creatively. It is one of the very cheap fixes to the iodine deficient diet of rural Indian women. With the advancement of technology its effectiveness and awareness will go up significantly, which can be very helpful to India for eradicating the problem of Iodine deficiency.

Author: Prajal Joshi (2nd Year, BBA-LLB), Symbiosis Law School Hyderabad

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Particle Board Made of Rice Husks: A Success Story

Oct 7, 2017 | General

Forest resources alone will not be able to meet the growing demand for wood and wood-based panel materials. Rice Husk Particle Board, made from readily available rice husk, can effectively replace the demand for panel materials. Additionally, these boards allow for the reuse of waste materials and can be made at a minimal cost. The Indian Plywood Industries Research & Training Institute (IPIR&TI), Bangalore, India, has developed a unique method for manufacturing boards from rice husk using suitable binding agents. This method is unique in terms of value addition and completes utilization of the husk without strict chemical composition requirements. In 1985, IPIRTI’s RHPB technology was transferred to the National Research Corporation (NRDC) of New Delhi, India, a Government of India enterprise, for further development and commercialization. In 1987, NRDC licensed the technology to M/S Padmavathy Panel Boards Pvt. Ltd (PPBL), Bangalore, Karnataka, and cooperated with PPBL to solve the difficulty of moving technology from the lab to the factory.

Rice Husk Board is the first product of its kind to be produced in India as a viable alternative to wood-based panel boards. NRDC has been assigned IPIR’s patented technology for commercial exploitation. In 1988, the technology was licensed to a Bangalore entrepreneur who planned to build a commercial plant. The NRDC has provided the firm with an interest-free developmental loan through its ‘Technology Development Programme’ to fulfill the project’s costs. The NRDC has also provided engineering assistance to the project. The Corporation and the entrepreneur worked together to supervise the project. In a world record time of 18 months, the unit was put into production. The company is currently in regular production and has produced several goods to fulfill a variety of needs. As a substitute for wood-based panel boards, the product is well-received on the market.

GENERAL CHARACTERISTICS: When compared to wood particle boards and other similar panel materials, the upgraded rice husk particle boards have the following distinguishing advantages:

• Resistance to Termites
• Resistance to Decay
• Resistance to fire
• Resistance to Rodents

Rice husk boards are available in a variety of densities, thicknesses, kinds, and grades to meet a variety of needs. The manufacturing method, which is based on cutting-edge technology, provides total quality. Wall Paneling, Doors, Windows, Furniture, Table Tops, False Ceilings, Roofing Panels, Insulation, Partitions, Stage Setting, Industrial and Domestic Floorings, and so on are only a few examples of product applications.

IPIR & TI, Bengaluru, has refined and improved the technology for producing rice husk particle board using modified resin binding technology to achieve multilayers. The RHBP panels are strong enough to meet the requirements of the applicable specifications and standards. RHPB has improved over the years, as shown in the table below:

RHPB Technology was founded in 1985.

(RHPB Technology Post 2010)

1. Rice husk particle board with many layers
2. Face and core particles are separated, resulting in a clean surface finish.
3. The physical and mechanical qualities meet the requirements of IS3087-1985: Medium Density Particle Board Type Specification. 2 three-layered flat pressed boards
4. The board is resistant to termites, rot, and fire.

Rice-growing countries around the world have enormous challenges in disposing of rice husk trash, which poses a major environmental concern if burned. Rice Husk Particle Board manufacturing method developed at the Indian Plywood Industries Research Institute in Bangalore has emerged as one of the finest answers to this problem because it helps to maintain eco-balance and conserve the eco-system. In India, as well as many other rice-growing countries, patents have been submitted.

This board has shown to be a viable alternative to wood in a variety of applications. Furthermore, these boards can be created to be decorative. Several Indian companies have been granted licenses, and a turnkey facility has been established in Malaysia. The company has also created floor tiles (made of rice husk), fire-resistant doors, and other products with a granite-like finish. Furthermore, during the Gujarat earthquake, the technology’s licensee assisted in the construction of a huge number of low-cost houses.

Rice husk is the most readily available of all agricultural wastes. It is a by-product of the country’s most major agro-based sector, paddy milling. Rice husk is produced in the country in quantities of 2 million tonnes per year. For the past two decades, researchers have been trying to figure out how to use rice husk to make useful products. However, due to its high silica concentration, the traditional particle board manufacturing method failed.

For the past three decades, researchers have been trying to figure out how to use rice husk to make useful products. However, few successful approaches have been developed because of their peculiar chemical composition.

Using modified phenol cardanol formaldehyde resins, IPIRTI has perfected a process for producing multilayered particleboard. The panels’ strength qualities meet the applicable specifications’ requirements. The boards have a strong termite resistance and are fire-resistant.

The proposed method has a large environmental impact because it uses rice husk to avoid deforestation in one way.

IPIR&TI, Bengaluru, will supply all technical know-how, as well as training and process demonstrations on a pilot plant size. Please contact NRDC if your company is interested in commercializing the product in India or other countries.

Conclusion

Rice Husk Particle Board’s research and development is an example of radical product development innovation. In everyday applications, it takes the place of well-known and widely used wood and wood-based particle board. It took a long time to do the research

To avoid depletion of forest resources and environmental deterioration, the Ministry of Science and Technology recognized the necessity to find alternative materials (identification of new products). It was determined that a specialized research institute capable of conducting research projects could be found. The necessary” funds were made available to conduct research. NRDC, which had extensive experience in the subject, was given the duty of technology transfer. The transfer of technology has been smooth and the project has been a success thanks to the provision of necessary funds and the promoter’s commitment.

Author: Pratik Maitra, Symbiosis Law School, Hyderabad

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Paper Boat: Nurturing Childhood Memories

Nov 7, 2014 | General

It is a great honour for Origiin to bring out the story of Paper Boat as a company “Ahead of the Curve”.  Reviving traditional Indian beverages and foods produced and marketed by Hector Beverages, which is headquartered in Bengaluru, India, Paper Boat is one of the most popular and trendy brands today in beverages.

Name of company

HECTOR BEVERAGES PRIVATE LIMITED

Date of incorporation

13^th October, 2009

Founding members

Source: www.startuptalky.com

1. Neeraj Kakkar

https://www.linkedin.com/in/neeraj-kakkar-2410839/

2. James Nuttall

https://www.linkedin.com/in/jpnuttall/

3. Suhas Mishra

https://www.linkedin.com/in/neerajbiyani/

4. Neeraj Biyani

https://www.linkedin.com/in/suhas-misra-6143245/

Seed capital – Not Available

Place of business

Registered Address – Plot No. 132, Sector 3, IMT Manesar Manesar Gurgaon Gurgaon HR 122050 IN

Core products

Paper boat currently manufactures over 12 varieties of Indian ethnic drinks such as: Thandai, Serbet-e-khaas, Rose tamarind, Chilli guava, Jaljeera, Anaar, Kokum, Aam panna, Ginger-lemon tea, Jamun, Aamras, Neer more and Panakam. Panakam and Sherbet are seasonal drinks as they are made available during Navami and Eid, respectively.

Paper boat also makes Indian snacks and delicacies like Chikki bar, peanut bar, Aam pappad, sesame peanut bar, coconut water, Pani puri pellets etc.

Journey

Although Hector Beverages was found in the year 2009, the Company was into producing an energy drink called Tzinga and another protein-based drink at this time. Paper boat was born only towards the end of 2012. Paper boat became a comprehensive effort towards bringing authentic Indian tastes into the market, in an organized fashion. Paper boat, along with its name has a tagline that says drinks and memories. This itself is the driving force behind the initiative. The Company tries to restore old memories by re-introducing authentic Indian tastes to our tastebuds. That too in a fresh new way. An old taste in a modern is quite the oxymoron, but that is what gives the Company its own space. Paper boat currently has more than 300 employees and has a revenue of over 100 crores.

Success mantra

Paper boat’s success comes from many factors. Firstly, the Company makes it imperative that they use no preservatives in their products. The Company not only makes tasty drinks but also prioritises our health. Secondly, the brand offers a good variety. Paper boat began with only 2 flavours and currently, they have more than 10 varieties of Indian drinks. Thirdly, the funding and investments of the Company is carried out dynamically. Paper boat was able to raise capital from various investors like Sequoia Capital, Trifecta Capital Advisors, Catamaran Ventures, A91 partners etc. The Company has grown vehemently with a steady increase in sales over the years. Their efficient marketing strategy is also commendable. Keeping in touch with customers through networking, innovative advertising techniques, information and feedback collection etc. truly make them winners. Lastly and most importantly, Paper boat has successfully evoked nostalgia in a lot of people and reinstated their bond with the lost tastes from their childhood.

Intellectual Properties

Hector Beverages owns several trademarks. The first mark PAPERBOAT (DEVICE) was applied for on 5th July 2012 and the same was granted on 11th July 2016. This was under Class 32. Similarly, an application for wordmark PAPER BOAT was made in 2013 and was granted in 2018. Similarly, marks like TOP SECRET (valid since 2016), Paper Boat Swing Label (valid since 2019) and PAPER BOAT DRINKS AND MEMORIES (valid since 2018) are registered under Class 32. Paper Boat also owns the mark PAPER BOAT FOOD AND MEMORIES under Class 29. This was granted in October 2018. PAPER BOAT SUPER NATIVE is another mark Hector Beverages owns under Class 29. PAPER BOAT DRINKS AND MEMORIES, PAPER BOATS FOODS AND MEMORIES are also granted protection under Class 30. On March 1st 2021, an application for Trademark registration of PAPER BOAT SUPER NATIVE was made under Class 30 and the same is marked for exam.

Other than these trademarks, Hector Beverages also owns a registered Design for the cap used on their products. The Design registration application was made on 24th November 2015 and was granted on 24th February 2017. The article name is provided as ‘Cap for Pouch’ and is registered under Class 09-07-closing means and attachments.

Innovation in business

To ensure hygiene and safety, Paper boat ensures optimum conditions of temperature and pressure in their production units. The packaging used for their drinks is unique and helps the products remain fresh without the help of preservatives. This unique packaging is also known to be more eco-friendly than other methods of packaging currently available in the market. Along with television Ads, Paper boat also has a collection of animated short films on themes like friendship, hope and nostalgia. These films are available on YouTube.

Paper boat has also ventured into the E-commerce business. Their products are now available on Amazon. The online sale has increased after the pandemic hit. Paper boat uses technology to improve their marketing. Customer feedbacks are collected on a large scale through surveys and is incorporated into the production process.

Problems of consumer they focused on

• Lack of availability of authentic Indian flavours
• increase in the intake of carbonated drinks
• lack of better alternatives for aerated soft-drinks
• ascending use of preservatives

Meaning of Trade Mark

The Company’s trademark contains the name ‘Paper boat’ along with a tagline drinks and memories. This represents the basic motive behind the company, that is, to bring back memories of your childhood through these authentic Indian flavoured drinks.

Source: www.paperboatdrinks.com

Awards

• Paper Boat designed by Elephant Design was presented The India Story Design Award 2016 to applaud the emotional power and timeless nature of its design.

Contact Information

1860-425-4425

paperboat@hectorbeverages.com

neeraj@hectorbeverages.com

REFERRENCES

1. http://www.paperboatdrinks.com/
2. https://www.amazon.in/s?rh=n%3A2454178031%2Cp_4%3APaper+Boat&ref=bl_dp_s_web_2454178031
3. http://www.mca.gov.in/mcafoportal/companyLLPMasterData.do#
4. https://ipindiaonline.gov.in/tmrpublicsearch/tmsearch.aspx?tn=197889735&st=Wordmark

Author: Bhavana, School of Law, CHRIST, Bangalore

BALLB (Hons.)

Email: bhavanababu44@gmail.com

Phone: +91 9400840460

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Voting Ink: A valuable Trade-secret

Jun 1, 2014 | General

Mysore Paints and Varnish Limited (MVPL) was founded in 1937 as Mysore Lac & Paints Limited, by Nalvadi Krishnaraja Wodeyar, the Maharaja of Mysore, for manufacturing paints and related products. It is the company that inks every voter’s fingertip in India, and it was converted to a public sector company in 1947. It is listed on the Bangalore Stock Exchange and the Karnataka Government holds 91.39% stake in the company.

MVPL is an integral part of the Indian Democracy and it was primarily established to provide employment opportunities for the people of Mysore with the effective utilization of national resources, like Lac, which was used for manufacturing sealing waxes. The company also manufactured and supplied paint to government departments and the defense departments.

MVPL is the only company authorized to produce indelible ink, which is used in the elections in India, and after its transition to a public sector company in 1947, it is owned and operated by the Government of Karnataka under the chairmanship of the Ex-Mayor of MCC –Mr. Anantha. In 1962, the Election Commission, along with the Law Ministry, National Physical Laboratory and National Research Development Corporation came to an agreement to select and authorize MVPL to manufacture inedible ink.

The inedible ink was used for the first time in the Third General Lok Sabha Elections in India, and since then it has been used in every Parliamentary election, every assembly election and local election. Until 1988, the company only manufactured ink and paint but in 1989 it expanded further and started manufacturing varnish and was renamed as the Mysore Paints & Varnish LTD. MVPL also manufactures and supplies primers, enamels, chemical resistant and decorative paints, industrial coating, distempers, sealing wax, postage stamp cancellation, polishes & thinners.

The Election Commission of India is the major customer of the inedible ink manufactured by MVPL, but the ink is also exported to Malaysia, Thailand, Nigeria, South Africa, Singapore and 25 other countries. MVPL’s inedible ink marker pens have also been used in the elections held in Afghanistan and in the elections held in Cambodia in 2008 & 2012. The sealing wax manufactured by MVPL is used by the Indian Post and by the Election commission to seal ballot boxes.

The inedible ink is produced to meet the needs of the Elections and it is supplied in vials with volumes of 5ml, 7.5, ml, 20ml, 50ml & 80ml. A 5ml vial can be used for about 300 voters and it is estimated that over a period of 45 years more than 300 million people have had this ink applied on their fingers. Initially the ink was provided in glass bottles, but it resulted in heavy losses due to breakage and leaks so, in 1979, the company switched to plastic bottles thereby reducing breakage and leaks from 15% to 1%.

The ink leaves an inedible mark on the fingernail of the voters which remains for nearly 20 days and is not easy to erase, thereby averting electoral fraud by preventing the voter from voting again.  Silver Nitrate is one of the known ingredients of the inedible ink and it stains the nail on exposure to ultraviolet light. It cannot be washed off with detergent, soap or even chemicals and the ink last for a few weeks until the nail grows. The ink is photosensitive, so it is stored in amber colored bottles and is guarded against exposure to direct sunlight.

The inedible ink produced for elections is dispatched under strict security measures with the bottles scrutinized thoroughly and sealed in crates. The ink is not available for sale to the public, and it is only sold to those having legal and genuine need for it. Apart from being used in elections, the ink is also used in Pulse Polio campaigns and in hospitals to mark cancer affected areas of the body.

Since 1962, MVPL has been making the inedible ink based on a secret chemical formula devised by the National Physical Laboratory Of India (NPL), and so far the manufacturing process of the ‘Inedible Ink’ has been kept a closely guarded secret. Only two chemists of MVPL know the chemical formula of the ink, and they are required to pass it on to their successors when they retire.

The Inedible Ink is the time-tested gift of NPL, the measurement standard laboratory of India, to the spirit of democracy so the patent of the inedible ink rests with them

It is the duty of MVPL to safeguard and protect the chemical formula and the company has taken strict measures to ensure the safety by installing CCTV cameras, frisking staff and members, password protecting entries to certain areas and banning lunch boxes inside the factory. Additionally, guards seal the factory locks with the sealing wax produced by the factory every evening.

Author: Divesh Kumar, SDM Law College, Mangalore

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Top 10 Products Developed to Combat the COVID-19 Pandemic

Jul 18, 2011 | General

The start-up ecosystem in India has emerged as a significant force in recent years, owing largely to the efforts of stakeholders and government policies to encourage the establishment of start-ups. Investments in start-ups have risen considerably from $550 million in 2010 to $14.5 billion in 2019[1]

Sequoia Capital sent a memo titled Coronavirus: The Black Swan of 2020, addressing its portfolio firm founders and CEOs, emphasizing the necessity to be “adaptable” in order to survive the down-curve. The message emphasized the importance of challenging every assumption about one’s firm, including cash-flows, fund-raising, marketing, sales forecasting, capital spending, and so on.[2]

The lockdown has had an adverse effect on not only small diurnal business operations, but it has also pushed several start-ups to prepare survival plans to reduce personnel and employee compensation. Recently founders of a number of start-ups have also made substantial curtailment with respect to worker’s (or employee’s) pay in order to minimize their losses.

To keep up with the adversities, essential service entrepreneurs built flexible business structures and demonstrated considerable ingenuity and self-sufficiency. Though the pandemic put India’s startup environment to the test, it also presented an opportunity with great promise in several sectors.

Here are the top 10 start-ups that are specifically designed and distributed to cater Covid needs:

1. Ethereal Machines

In India, the need for ventilators is paramount with the profusion of daily rise in the COVID-19 cases.

While myriad startups and tech businesses have begun manufacturing ventilators or similar alternatives to satisfy the demand, Bengaluru-based Ethereal Machines has a unique answer. Ethereal Machines, a 3D printing ventilator splitter company founded by Kaushik Mudda and Navin Jain in 2014, is designed exclusively for treating two patients with differing ventilatory needs by differential pressure splitting.

When two patients require two different oxygen supply from the ventilator, these splitters are employed. The team was able to come up with a device that also helps to avoid cross-contamination between paired patients courtesy to the doctors’ expertise in Bengaluru

This is the Two Way Ventilator Splitter taken from https://www.etherealmachines.com/covid.

2. bio

To accommodate rising demand during the COVID-19 pandemic, Mumbai-based healthtech firm sense.bio has opened an e-com selling COVID-19 basics and personal protective gear. The IOT-based health and fitness app has announced the launch of a platform designed to decrease the potential risk of virus transmission. Customers can shop for sense.bio items while staying indoors while protecting them and boosting their immunity. They ensured high-quality products that are manufactured in India.

3. Sicora Technologies

The significance of cleaning, sanitation, and being healthy has also been highlighted by COVID-19. It has increased the demand for disinfection services to keep surfaces clean and free of microbes. Sicora Technologies, based in Mumbai, is fulfilling this demand.

Sicora, founded in 2020 by Yash Jain and Geeta Tolia, makes an antimicrobial surface coating called Dr Nanoxa that sanitizes surfaces and protects them from germs and viruses, including Sars-CoV-2. The coating will be effective for 30 days before needing to be reapplied.

Dr Nanoxa has been found to be effective against germs and viruses, according to the report, the product has been found to be effective against bacteria and viruses, including E.Coli, Salmonella, and Sars-CoV 2, among others.

The product should be sprayed from a distance of 1 foot after taking all necessary procedures and wearing PPE gear. After applying the product, clean the surfaces with a microfiber towel. After that, leave the surface alone for at least 10 to 15 minutes.

Dr Nanoxa taken from https://drnanoxa.com/product/dr-nanoxa/

4. Helyxon

While doctors and healthcare workers battle to save the lives of thousands of people, they are also putting their own lives in danger by constantly monitoring coronavirus patients in hospitals. Many startups, on the other hand, have developed unique technologies that allow for remote monitoring of these patients. Helyxon, located in Chennai, has created OXY 2, a real-time body temperature, heart rate, and oxygen saturation monitoring gadget that notifies doctors or attendants if any of the parameters change abnormally.

The device appears to be a complicated wiring equipment, but it is reported to be simple to operate. One side of the device is attached to a finger and is rolled up like a band on the hand. The device sends data to a mobile application via Bluetooth, which is then forwarded to the company’s servers over internet connectivity.

OXY2 with BLE but no connector and 98.6 Fever Watch – Continuous Fever monitoring system taken from https://helyxon.com/product/

5. E-TEX Kawach Antiviral T-Shirt and Kawach Mask

The experts from IIT Delhi’s Chemical and Textile department have endorsed the products.

According to officials, the antiviral E-TEX’s fabric was created utilizing modern technology that minimizes the likelihood and speed of contaminations and transmissions by eliminating microorganisms on touch. According to officials, two firms incubated at the Indian Institute of Technology (IIT) here have released antiviral T-shirts and a COVID-19 protective lotion at inexpensive pricing. V Ramgopal Rao, the institute’s director, revealed the goods, which are part of an antiviral package.

 Kawach antiviral polo t-shirt and Kawach N95 protective face mask taken from https://etex.in/product-category/new-launch/

6. Clensta

For up to 24 hours, the COVID-19 Protection Lotion, developed by the start-up “Clensta,” provides 99.9% virus protection with antiviral and antiseptic qualities.

The product is an advancement in engineering chemistry with sui generis PAP Technology (Prolonged Antiviral Technology) to prevent bacterial, viral, and fungal infections without harming the environment or human health, and advanced hand sanitizer is formulated with increased alcohol retention time to be effective prevention against multiple viruses.

The product can be applied to any exposed body part, including the face and hands. The application of the solution protects users from infections for nearly 24 hours, reducing the requirement of alcohol-based sanitizers and washing hands several times each day.

7. Staqu

Gurugram-based Staqu, a company that makes facial recognition systems, has invented a thermal camera that uses artificial intelligence to detect possible Covid-19 positive cases. Normally, the corporation sells its smart cameras to law enforcement agencies for surveillance purposes.

If it detects a human with an elevated body temperature, the camera named JARVIS sends out a real-time alarm. The camera can monitor numerous persons at once and has a range of up to 100 meters.

Law enforcement agencies can identify people with Covid-19 symptoms using these cameras in public settings, ultimately halting the pandemic. The fact that they are also equipped with facial recognition capabilities makes it easier for law authorities to apprehend these individuals.

Staqu, which was founded in 2015 by Atul Rai, Chetan Rexwal, Anurag Saini, and Pankaj Sharma, says that its technology is practical and successful in scanning crowded venues such as airports, train stations, and malls.

The startup is utilizing and merging current technology into facial recognition cameras rather than creating the hardware for thermal cameras. JARVIS, he added, works in situations where conventional thermal cameras fail due to ambient light. Staqu was employing these cameras at its workplace before the lockout and was in talks with a few airport officials.

8. Adverto 

Following the coronavirus outbreak, cities such as Mumbai and Delhi, as well as the state of Uttar Pradesh, have made wearing masks in public areas mandatory. Many people in these places, however, continue to go about without wearing a face mask. Adverto, based in Jabalpur, has created a face mask recognition technology that uses a camera stream to determine whether or not someone is wearing a mask.

If a person is spotted without a mask, the system raises an alarm and alerts law authorities to apprehend the perpetrator. The camera also takes a picture of the person so that they may be easily identified.

The business, which was founded by Anurag Soni, is also trying to add a thermal detection feature to these cameras. The camera will therefore be able to tell if a person has a temperature, which is a common indication of Covid-19. The startup is currently working on a proof of concept at the Jabalpur Incubation Centre.

According to Soni, the startup will install one of these cameras at the district collector’s office. Some hospitals have also inquired about Adverto’s technology.

9. CoviDx mPlex 3R and 4R

E V Ramana Reddy, Additional Chief Secretary to the Government of IT, said the department has aided in the development of the 22 products and will assist them in engaging with appropriate commercial partners through the Karnataka Startup Cell and the BBC. According to officials, a MoU was signed between IIT-SINE in Mumbai and the BBC to establish a co-incubation model in which financing and technical expertise would be combined with networking support. CoviDx mPlex 3R and 4R, an in-vitro RT-PCR qualitative test for the detection of COVID-19 using three and four genes identification, was one of the products.

Emvlio, a portable medical-grade refrigeration device, is also used to transport biologicals such as vaccinations, blood, and serums in a safe manner. AskDoc, a Doctor VideoBot that answers questions on COVID-19 disease transmission and control, now has multilingual voice and text capabilities.

CoviDx mPlex 3R and 4R taken from https://www.dssimage.com/covidxtm-mplex-4r.html

10. MedIoTek Health

Patients with Covid-19, especially the elderly and children, require continuous temperature, heart rate, and oxygen saturation monitoring. Monitoring is a challenging task if patients are under home quarantine or in a vast Covid-19 unit with few healthcare professionals.

To help relieve the massive strain on the healthcare system, the Chennai-based MedIoTek Health System has introduced Vincense, a wearable device that continuously detects pulse rate, oxygen levels, skin temperature, and respiration rate.  The data from the gadget is sent from the wearables to a secure cloud server that a healthcare provider can access at any time by smartphone. VinCense promptly warns doctors and nurses if any of the crucial metrics ever exceed the default or user-defined limitations.

It also sends an ambulance to the patient’s home in critical situations after receiving confirmation from family or residents. In the event of an emergency, the patient can also use the device’s help button to raise an alert.

In addition, MedIoTek Health has applied for a patent license for Vincense, which costs INR 27,000. Vincense has also been selected for the Centre for Cellular and Molecular Platforms’ (C-CAMP) accelerator program as one of 13 businesses.

VinCense Risk Detection Protocol taken from https://www.vincense.com/covid-19-risk-detection-protocol.html

These startup businesses are integral and facilitate overcoming challenges and helping the Indian economy grow even during incongruous times such as COVID-19 pandemic.

Author: Vinita R. Gaud, Pravin Gandhi College of Law

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[1] Peerzada Abrar, “Indian start-ups raised a record $14.5 bn in 1185 funding rounds this year”, Business Standard,  https://www.business-standard.com/article/companies/indian-start-ups-raised-a-record-14-5-bn-in-1185-funding-rounds-this-year-119122700061_1.html

[2] “Coronavirus: The Black Swan of 2020”,  https://www.sequoiacap.com/article/coronavirus-the-black-swan-of-2020/,