2) when it’s based on an associated TK, it shall disclose the indigenous people or local community wherefrom the associated TK was obtained.

Apart from the above issues, there are other alarming issues with the Treaty. For instance, just like the base document, the Treaty has not defined the meaning of “confidential information” (Art. 3.6) which as pointed out by Prof. Peter K. Yu may lead to constructive ambiguity. The Treaty has removed the provision on “exception and limitations” allowing parties to deviate from the obligations in light of public interest. These issues are extremely pressing and perhaps require detailed separate posts on their implications. Also, as many of our readers would know, India has a Traditional Knowledge Digital Library. How will this Treaty impact this institution? We have a guest post coming up discussing just that. [Edit: The guest post is available here.]

Understanding the appropriate applications for each valve helps ensure the right choice for specific needs, enhancing safety and functionality in various environments.

Point of use thermostatic mixing valvein plumbing

Both the thermostatic mixing valve and the tempering valve play essential roles in regulating water temperatures, ensuring safety against scalding. These valves are critical in settings where water temperature consistency is necessary, such as in bathrooms and kitchens. Additionally, both types of valves blend hot water and cold water to prevent extreme temperatures that could cause injuries.

Point of use thermostatic mixing valveadjustment

25 years since Colombia first brought the issue of protection of IP rights of indigenous communities, and 14 years since the Text based negotiations on the agreement commenced, WIPO finally adopted a Treaty on IP, Genetic Resources (GR) and Associated Traditional Knowledge (TK) on May 24, 2024. Adopted in the recently concluded Diplomatic Conference on Genetic Resources and Associated Traditional Knowledge, 2024, the Treaty is the fruit of the WIPO’s special body’s (Intergovernmental Committee on IP and Genetic Resources, Traditional Knowledge and Folklore (IGC)) efforts of engaging in routine negotiations to come up with an instrument to protect the rights of indigenous people concerning GR and associated TK via an IP framework (see here). And the Treaty does so via the good old patent system. While the Treaty has been adopted by the WIPO, for it to come into force, it requires 15 members to deposit their instruments of ratification or accession with WIPO (Art. 17).

Interesting stuff about Colombia- Apart from initiating the discussion on protection of indigenous people in WIPO, they were a party to a group of Members making similar request before the WTO in 1999 (IP/C/W/165,November 1999). Not sure how that panned out. You may want to look into that too.

When a mixing valve fails, it can lead to inconsistent water temperatures. This might result in water being too hot, leading to scalding, or too cold, which can be uncomfortable and ineffective for tasks like cleaning.

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Considering the above logic, the present obligation for the disclosure requirement seems more like a mere formality for the patent offices. This understanding gets aggravated when we read this obligation along with the provision on sanctions prescribed for not disclosing the above information. The Treaty prescribes that a Contracting Party cannot revoke a patent if the obligation to share this information is not fulfilled, except in the cases where the applicant has not disclosed the origin owing to fraudulent intentions (Art. 5.3 r/w 5.4). This provision may require a complete overhaul of relevant laws in many countries like India that impose sanctions for non disclosure.

The thermostatic mixing valve (TMV) and tempering valve are crucial for maintaining safe water temperatures, essential for preventing injuries due to scalding. These valves ensure water temperature remains within safe limits across various settings, providing peace of mind. They also contribute to energy efficiency by managing the precise mixing of hot and cold water, which can reduce overall energy consumption.

Further, Prof. Sarnoff and Prof. Correa explain (albeit in the context of the Convention on Biological Diversity), mandatory disclosure requirement is necessary to prevent misappropriation of GR and the associated TK. They suggest that the obligation may be useful in improving substantive examinations and may also assist in identifying situations where the access to these resources were obtained unduly, without proper informed consent (See here on pages iv and v). These justifications apply squarely in the present situation too (See pages 18-21 here).

If India does sign on, these provisions will require us to dilute some of our crucial safeguards against bad patents. Presently under the Patent Act, a pre grant opposition can be filed against non disclosure of the source of origin (Section 25(1)(j)) and a granted patent could even be revoked for non disclosure of this information (Section 64 (1)(p)). As per Articles 3 and 5 of the current Treaty, these provisions would not be allowed, as their conjoint reading mandates that the applicant will be allowed to not disclose the source of origin (when the same is not known to it) and a patent cannot be rejected on the ground of such non disclosure, unless the non disclosure is fraudulent! With these provisions in place, consequently India may see a surge in the number of patent applications especially from applicants in countries with sophisticated synthetic biology and bioprospecting industries. However, it must be kept in mind that this surge will be at the cost of losing crucial levers to guard against meritless applications. One saving grace for India to completely avoid the conundrum of not agreeing to these obligations could have been to express a reservation against them i.e. declaring their non application to India. Unfortunately, this flexibility is not available to any contracting party since no reservations to the treaties are permitted under Art. 20.

The material provided in this article is for general information purposes only. It is not intended to replace professional/legal advice or substitute government regulations, industry standards, or other requirements specific to any business/activity. While we made sure to provide accurate and reliable information, we make no representation that the details or sources are up-to-date, complete or remain available. Readers should consult with an industrial safety expert, qualified professional, or attorney for any specific concerns and questions.

After understanding how a thermostatic mixing valve works, installing one can significantly improve your water temperature control. Here are the steps to install a thermostatic mixing valve:

Following our comparison, it's helpful to know where each valve type is most effectively used. Here’s where you might commonly find a thermostatic mixing valve and a tempering valve:

While the Treaty leaves it open for the Contracting States to decide post grant sanctions or remedies in case the application is found to be fraudulent, it mandates that the Contracting Parties shall not place an obligation on its offices to verify the authenticity of the disclosure (Article 3.5). This makes me wonder how can the office then determine whether the disclosure was made with a fraudulent intent or not? Won’t this render the remaining tooth under sanctions and remedies infructuous?

As is evident, the Treaty is the result of hard fought negotiations over several years, and for those details, you can see here, here, and here. For those who haven’t been following this development, the Treaty is the first international agreement to mandate a disclosure requirement for inventions that utilize genetic resources and traditional knowledge in the inventions. As such, it is perhaps understandable that there seems to be much celebration regarding the text of the Treaty finally being agreed upon. However, as is not uncommon, the devil lies in the details. And in this case at least, despite the general celebratory notions around the Treaty, there are certain areas with cause for concern, such as signatory countries needing to agree not to enforce some patent quality safeguards that countries like India already mandate! Before we get into that, let’s first step back and quickly take a look at what the Treaty tries to achieve.

Yes, a mixing valve can function as an anti-scald valve. It regulates the mix of hot and cold water to prevent excessively hot temperatures, thus serving as an anti-scald device.

In many places, controlling water temperature is key for both safety and comfort. This task is often handled by a device known as a mixing valve. This article will explain the function and importance of the mixing valve. We will also look at how it differs from the tempering valve vs mixing valve, and the specific role of the thermostatic mixing valve. Understanding these devices can greatly improve safety and efficiency in managing water temperatures.

These installation steps provide a general guide for setting up a thermostatic mixing valve. However, installation can vary based on specific plumbing systems and local codes. For optimal safety and performance, it is highly recommended to seek the expertise of a professional plumber. This ensures your installation adheres to all safety standards and functions correctly.

Unlike mixing valves, a tempering valve specifically blends hot water with cold to a pre-set temperature before it reaches the tap. This ensures that the water delivered is safe from scalding risks. Often used in residential plumbing systems, tempering valves are essential for areas where temperature control must be precise and constant, such as in showers and bathtubs.

Two common types of mixing valves are manual mixing valves, which require manual adjustment, and thermostatic mixing valves, which automatically adjust the water temperature based on changes in the flow and temperature of incoming water.

The debate over mandatory disclosure requirement has been a long standing one and perhaps is as old as Colombia’s proposal to protect biological and genetic resources. As pointed out by Sreenath Namboodri here, and Prof. Biswajit Dhar and R. V Anuradha here, the Colombian Proposal’s suggestion to have a mandatory disclosure requirement was strongly opposed by a group of developed countries- USA, EU, and Japan. In fact, as discussed by Prof. Margo Bagley here, the US has consistently raised its so-called concerns against this requirement in other forums like the WTO too, arguing that this obligation imposed needless extra obligations on the applicants. The same arguments were raised by associations based in the US (American Intellectual Property Law Association (IPLA)) and other lobby organizations, like from International Federation of Pharmaceutical Manufacturers and Associations (IFPMA) from Switzerland in the 2024 Diplomatic Conference too (see here for Prof. Chidi Oguamanam’s update on Linkedin). While the parties in favor of having this obligation are successful in getting these obligations in the Treaty, looking at the diluted state of this obligation, it seems like the ones opposing this obligation eventually had the last laugh.

A big thanks to Swaraj for his inputs on the post. H/t to Jocelyn Bosse for highlighting the issues with provisions on mandatory disclosure in this post on the IPKat, and to Roshan John for sharing this development with me.

Point of use thermostatic mixing valveinstallation

Providing some flexibility to the applicant, the Treaty states that in case both these sources are not available, the applicant gives any source of GRs or/ and associated TKs wherefrom they have obtained the relevant resource or knowledge (Art. 3.1(b) and 3.2(b) r/w Art. 2). And in case even this information is not available, the applicant can make a declaration stating so, along with an affirmation that the content of the declaration is true and correct to the “best knowledge” of the applicant. [Question that arose when Swaraj and I were discussing this: Does this include inventions based upon synthetic biology, where most of such inventions are likely to happen in the coming decades? It’s not clear. Any readers in the know could kindly comment].  In addition to this three-tier approach towards the disclosure requirement, the Treaty also mandates that the Contracting Parties shall provide guidance to the applicants on how to meet this requirement and should also afford them opportunity to rectify the disclosure in case it’s erroneous or incorrect.

The thermostatic mixing valve functions through several key components, each designed to ensure precise temperature control:

Yes, if you require precise control over water temperature. A mixing valve helps prevent scalding and can contribute to water conservation by efficiently managing hot water usage.

Point of use thermostatic mixing valvepdf

However, there are significant differences between them. The thermostatic mixing valve offers more precise temperature control through its responsive thermostatic elements, which adjust the water mix based on real-time temperature changes. This makes them ideal for environments requiring strict temperature regulations. On the other hand, a tempering valve generally has a fixed setting that limits the maximum temperature of the water, which can be less flexible but simpler to manage in residential applications.

Wonderful post, really enjoyed the authors’ take on the increasing reliance on dynamic injunctions. Concerning that the threshold to mete…

A water mixing valve is typically located near the water heater or within major appliances that use hot water, such as dishwashers or washing machines. It can also be found under sinks and in shower plumbing.

2(1)j can be overcome with additional data, however insufficient disclosure or lack of enablement u/s 10 is not allowed. I…

The main issue with tempering valves is their lack of adjustability. They are set to a fixed temperature, which might not be suitable for all uses and can be less flexible compared to thermostatically controlled valves.

Building on the concept of a mixing valve, the thermostatic mixing valve adds an advanced layer of control. This type of mixing valve uses a thermostatic element to automatically adjust the mixing of hot and cold water to maintain a consistent output temperature, regardless of changes in the water supply temperatures. The thermostatic mixing valve is especially valuable in environments where precise temperature control is critical, such as in hospitals or elderly care facilities.

However, the tempering valve is primarily designed to limit the hot water to a predetermined safe temperature. In contrast, a mixing valve can be adjusted to control the water temperature more flexibly. The tempering valve vs mixing valve comparison shows that tempering valves are simpler, focusing solely on safety, while mixing valves offer temperature control for both safety and comfort. Another key difference is that mixing valves are often part of more complex systems like HVAC units or large plumbing systems, whereas tempering valves are typically found in simpler, smaller-scale applications.

Both the tempering valve and the mixing valve are crucial in managing the water temperature in plumbing systems, ensuring it is safe and comfortable for use. Each valve blends hot and cold water but does so to achieve specific safety and comfort goals. They both play essential roles in preventing scalding by regulating the output temperature. Additionally, both types of valves are commonly used in residential and commercial settings.

For eye wash stations, particularly in environments where chemicals are used, maintaining tepid water compliant with ANSI Z358.1 standards is vital. A thermostatic mixing valve ensures that water is not too hot or too cold, critical for immediate emergency use without causing further harm. Similarly, a tempering valve can be set to keep water temperatures within the safe range required by ANSI standards, guaranteeing that the water is always ready for effective and safe emergency eye flushing.

Born in the Philadelphia area and raised in Houston by a family who was predominately employed in heavy manufacturing. Herb took a liking to factory processes and later safety compliance where he has spent the last 13 years facilitating best practices and teaching updated regulations. He is married with two children and a St Bernard named Jose. Herb is a self-described compliance geek. When he isn’t studying safety reports and regulatory interpretations he enjoys racquetball and watching his favorite football team, the Dallas Cowboys.

No, a tempering valve is a type of mixing valve with a specific function. It mixes hot and cold water but is primarily designed to limit the maximum hot water temperature to prevent scalding.

A mixing valve is a device that blends hot and cold water supply to achieve a desired temperature output. This mechanism ensures that water is delivered at a safe and consistent temperature, preventing scalding or discomfort. What is a mixing valve primarily used for? It's crucial in places like showers, sinks, and other water outlets where temperature control is necessary for user safety.

Patents are granted by the virtue of a social bargain wherein the inventor is able to reap the benefits of exclusivity over its invention against undertaking an obligation to disclose the best mode of achieving it. In context of inventions based on GR and associated TKs, there is an additional layer of obligation (a phrase borrowed from Dr. Claudio Chiarolla and Burcu Kılıç’s report here) towards indigenous communities, on top of the general public, considering that these inventions are derived out of culturally sensitive materials.

As a former NIXI Arbitrator, addressing disputes of this nature is a familiar area. Approximately nine years ago, in Google…