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Author: Dr. Sanjit Kumar Chakraborty
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Plant Genetic Resources (PGRs) have always been the fundamental prerequisite for sustainable agriculture and occupy the pivotal primacy in the Indian agrarian economy. Over many thousands of years the traditional farmers have greatly contributed to the creation, conservation, exchange and utilization of plant genetic diversity; and made it available to the scientist in both public and private sectors for further Research and Development (R&D). The evolution of formal plant breeding and private investment in seed production have resulted a radical change in the legal approach to PGRs, which have been regarded as the “common heritage” and not qualified to be the subject of individual ownership. However, the international intellectual property system as designed under World Trade Organization (WTO) regime directs the member countries for extension of IPRs over the PGRs through suitable legislation considering its socio-economic objectives. In addition to Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), proprietary claims over PGRs have also been enunciated through the International Undertaking of Plant Genetic Resources (IU) and the Convention on Biological Diversity (CBD). In view of global governance of intellectual property rights (IPRs) and its application to PGRs, India has brought major legislative and policy changes to accommodate its legal framework within the international intellectual property regime. This present paper aims to study the evolution of proprietary rights over PGRs and the controversies around it exploring the socio-legal issues from Indian perspective. It also analyses the effectiveness of the domestic legal system suggesting pragmatic proposals to employ plant IPRs for sustainable agro-economic development.
Author: Dr. Sanjit Kumar Chakraborty
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Plant Genetic Resources (PGRs) have always been the fundamental prerequisite for sustainable agriculture and occupy the pivotal primacy in the Indian agrarian economy. Over many thousands of years the traditional farmers have greatly contributed to the creation, conservation, exchange and utilization of plant genetic diversity; and made it available to the scientist in both public and private sectors for further Research and Development (R&D). The evolution of formal plant breeding and private investment in seed production have resulted a radical change in the legal approach to PGRs, which have been regarded as the “common heritage” and not qualified to be the subject of individual ownership. However, the international intellectual property system as designed under World Trade Organization (WTO) regime directs the member countries for extension of IPRs over the PGRs through suitable legislation considering its socio-economic objectives. In addition to Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), proprietary claims over PGRs have also been enunciated through the International Undertaking of Plant Genetic Resources (IU) and the Convention on Biological Diversity (CBD). In view of global governance of intellectual property rights (IPRs) and its application to PGRs, India has brought major legislative and policy changes to accommodate its legal framework within the international intellectual property regime. This present paper aims to study the evolution of proprietary rights over PGRs and the controversies around it exploring the socio-legal issues from Indian perspective. It also analyses the effectiveness of the domestic legal system suggesting pragmatic proposals to employ plant IPRs for sustainable agro-economic development.
Author: Jack Ralph Kloppenburg
Publisher: Duke University Press
ISBN: 9780822307563
Category : Political Science
Languages : en
Pages : 390
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Book Description
Seeds for economically important crops are big business indeed. As large seed companies continue to improve their product in various ways, they make use of the original gene pools of these plants, often located in tropical and subtropical areas of the world. With increasing recognition that plant germplasm is an important raw material, highly charged international disputes have developed over the exchange and use of this material, adding another point of contention between poor nations and the manufacturing wealthier ones. Twenty experts from several nations, representing both the natural and social sciences, consider the historical background, the issue of patent rights as applied to plant germplasm, the nature of global genetic interdependence, the internationalization of the seed industry, the implications of biotechnology on genetic resources, the Third World attitude toward the debate, and the viewpoints of the International Agricultural Research Centers.
Author: A. Stenson
Publisher: Springer
ISBN: 0333982851
Category : Political Science
Languages : en
Pages : 186
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Book Description
The question of how genetic resources ought to be owned and controlled has become a controversial international political issue. The authors examine this issue from a normative perspective, discussing the four principles that govern the debate over genetic resource control. These four principles are proprietarian intellectual property rights (the dominant principle, reflecting Western influences); communitarian intellectual property rights (a principle bound up with the rights of indigenous peoples); national sovereignty (the principle at the heart of international law); and common heritage of mankind (the most recent principle reflecting Third World demands).
Author: K. Elaine Hoagland
Publisher: Natural Science Collections Alliance
ISBN:
Category : Law
Languages : en
Pages : 368
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Book Description
Sponsored by U.S. Department of Agriculture, Agricultural Research Service, and the Association of Systematics Collections.
Author: Susette Biber-Klemm
Publisher: CABI
ISBN: 1845930045
Category : Nature
Languages : en
Pages : 434
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Book Description
This book discusses the means, instruments and institutions to create incentives to promote conservation and sustainable use of traditional knowledge and plant genetic resources for food and agriculture, in the framework of the world trade order. It approaches these topics on a broad basis: it analyses in depth the option to create specific sui generis intellectual property rights of the TRIPS Agreement. It then discusses the ways to support the maintenance of information which cannot be allocated to specific authors, and examines alternative concepts within the trade of traditionally generated information and related products. This book will be of significant interest to those studying and researching biotechnology, plant breeding, genetic resources, intellectual property law and agricultural economics.
Author: Camena Guneratne
Publisher: Edward Elgar Pub
ISBN: 9780857934949
Category : LAW
Languages : en
Pages : 323
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Book Description
'This is a wonderful book. All too often in the quest to preserve biodiversity, we forget that the equation of equity has to be at the forefront of the debates on sustainable development. Professor Guneratne rectifies this mistake. In doing so, she shows us that in many of the most important instances, we are not only losing large parts of the natural basis on which humanity depends, but also the ability to control the political and legal processes of which many of the world's poorest people depend. This linkage between biodiversity, politics and international law is of such a high calibre, that it is likely that this work will become a key text for students and scholars alike.' - Alexander Gillespie, University of Waikato, New Zealand
Author: Anjali Kalgutkar
Publisher:
ISBN:
Category : Germplasm resources, Plant
Languages : en
Pages : 276
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Book Description
Author: European Consortium for Political Research. Joint Sessions of Workshops
Publisher: Edward Elgar Publishing
ISBN: 1849802068
Category : Law
Languages : en
Pages : 261
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Book Description
We know much more about the global politics of intellectual property than we do about national political contests over the ownership of knowledge. Haunss and Shadlen have identified this gap in the literature and have done a fine job of bringing together a set of essays that helps to fill this gap in our understanding of the multi-layered nature of intellectual property politics. Peter Drahos, The Australian National University, Canberra This thought-provoking volume provides invaluable new insights and is a major contribution to the debate on the politics of intellectual property rights. Duncan Matthews, Queen Mary, University of London, UK This book offers empirical analyses of conflicts over the ownership, control, and use of knowledge and information in developed and developing countries. Sebastian Haunss and Kenneth C. Shadlen, along with a collection of eminent contributors, focus on how business organizations, farmers, social movements, legal communities, state officials, transnational enterprises, and international organizations shape IP policies in areas such as health, information-communication technologies, indigenous knowledge, genetic resources, and many others. The innovative and original chapters examine conflicts over the rules governing various dimensions of IP, including patents, copyrights, traditional knowledge, and biosafety regulations. Written from a political perspective, this book is a must-read for political scientists, sociologists and anthropologists who study IP and conflicts over property. It is also an essential read for stakeholders in institutions, NGOs and industry interested in knowledge governance and IP politics.
Author: Mohammad Towhidul Islam
Publisher: Cambridge Scholars Publishing
ISBN: 1443864986
Category : Law
Languages : en
Pages : 370
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Book Description
This book examines the application of the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in the fields of agriculture, public health and economic development in a Least Developed Country (LDC) such as Bangladesh. In particular, it evaluates the question whether the TRIPS’ one-size-fits-all approach compulsorily applicable for all countries, irrespective of their development standing, fulfils the developmental needs of Bangladesh and other such LDCs in the fields of agriculture, public health and economic development. The book shows that the TRIPS’ introduction of IPRs in the name of Plant Varieties Protection (PVP) and patents not only secures private sector investment in agriculture but also brings traditional agricultural practices within the spectrum of private monopoly, increases the price of agricultural products and forces people into dependency on engineered seeds and other agricultural inputs. To guard against such trade rules, this book recommends that Bangladesh should incorporate the TRIPS flexibilities in the form of redefining patentable invention, choosing between patents and PVP and providing for compulsory licensing. This book also reveals that the TRIPS patenting in pharmaceuticals encourages innovations by ensuring royalty collections and protects public health by raising standards of living. However, patenting offers exclusivity to pharmaceutical companies, extending the duration of the patent term and establishing their control over production, supply and distribution. Such control results in exclusivity over drug pricing. The flexibilities of the compliance deadline, compulsory licensing, and parallel importation built into the TRIPS are set to tackle untenable situations arising from patenting exclusivity. However, patent laws in most LDCs are out-dated in terms of dealing with such flexibilities. Given this, the research recommends that Bangladesh should invoke the TRIPS flexibilities. The author of this book further establishes that the TRIPS’ standard-setting in agriculture and pharmaceuticals does not help the country to fulfil subsistence needs or promote economic development through innovation. However, the appropriation of agricultural and pharmaceutical goods during the use of the TRIPS flexibilities has the potential to feed the people, protect public health interests and increase economic development with the supply of food and drugs at home and abroad. To this end, the research asks Bangladesh to reform its existing IPRs provisions by redefining patentable inventions and simplifying compulsory licensing and other differential treatments to appropriate foreign technologies.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 292
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Book Description
