Download or read book Has India Addressed Its Farmers Woes A Story of Plant Protection Issues written by Srividhya Ragavan and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper examines issues relating to establishing breeders rights in developing nations by taking India as an example. At the outset, the paper examines the international obligations relating to protecting plant breeder's rights by examining the requirements under Article 27.3 of the TRIPS agreement. In doing so, the paper examines analyzes what amounts to an effective sui generis system as required under TRIPS. Further, the paper analyzes the constituents of the models currently touted by developed nations and outlined under the Union for Plant Variety Protection (UPOV, 1991) to determine the model's ability to fulfill the TRIPS requirement. In determining the question of whether UPOV embodies the efficiency required to become the sui generis system under TRIPS, the paper examines UPOV's ability to address unique needs of the developing world. Finally, the paper details the Plant Variety Protection and Farmer's Rights Act, 2001 of India and compares it with UPOV. The paper concludes that the Indian model is best suited for nations whose objectives for introducing plant breeders rights are not limited to just protecting breeders' rights but includes biodiversity conservation, farmer's rights and welfare issues are part of the agenda. The paper's highlight is in: a) discussing, in depth, the constituents of an effective sui generis system. Paul Heald of the University of Georgia has done some work on attempting to appreciate the ramifications of the term effective. Otherwise, there are no other significant contributions to this line of work; b) providing a detailed critical overview of the Indian legislation discussing plant variety protection.

Download or read book Customary Rights of Farmers in Neoliberal India written by Sophy K. Joseph and published by Oxford University Press. This book was released on 2020-02-14 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Protection of Plant Varieties and Farmer’s Rights Act, 2001, promises to balance the intellectual property rights of plant breeders and farmers under one umbrella legislation. However, there remain several grey areas and the rights of farmers, in reality, are still tenuous. Though the rights framework was foregrounded on an understanding between non-governmental organizations and industry, there is lack of clarity at both conceptual and procedural levels. In this context, Sophy K. Joseph analyses the impact of legal policy reforms during the ongoing Second Green Revolution on farmers’ customary rights and livelihood. The author discusses how the extension of private property rights to plant varieties, seeds, and other agrarian resources changed the demographic composition of the rural space, with increased migration of cultivators to the cities. The book argues that the transition from state interventionism (during the First Green Revolution) to state abstention (in the Second Green Revolution) has dramatically influenced India’s conventional agrarian practices and traditions. This work maps the evolutionary process of neoliberal economic and legal policies and its interference with primary concerns such as food security, food sovereignty, and agrarian self-reliance of the country.

Download or read book Intellectual Property Law and Plant Protection written by Kamalesh Adhikari and published by Routledge. This book was released on 2019-09-17 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first to provide a detailed and critical account of the emergence, development, and implementation of plant variety protection laws in Asian countries. Each chapter undertakes a critical socio-legal analysis of one or more legal frameworks to understand, evaluate, and explore the concerns of diverse national stakeholders, the histories and dynamics of law-making, and the ways in which plant variety protection and seed certification laws interact with local agricultural systems. The book also assesses how Asian countries can capitalise on the ‘unused policy space’ in international agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights and the International Convention for the Protection of New Varieties of Plants, as well as international obligations beyond these, such as those contained in the Convention on Biological Diversity and the Plant Treaty. It also highlights the many ways in which Asian experiences can offer new insights into the relationship between intellectual property and plants, and how relevant laws might be re-imagined in other regions, including Africa, Europe, and the Americas. By adding an important new perspective to the ongoing debate on intellectual property and plants, this book will appeal to academics, practitioners, and policy-makers engaged in work surrounding intellectual property laws, agricultural biodiversity, and plant breeding.

Download or read book Plants People and Practices written by Jay Sanderson and published by Cambridge University Press. This book was released on 2017-05-18 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Union for the Protection of New Varieties of Plants (UPOV) and the UPOV Convention are increasingly relevant and important. They have technical, social and normative legitimacy and have standardised numerous concepts and practices related to plant varieties and plant breeding. In this book, Jay Sanderson provides the first sustained and detailed account of the Convention. Building upon the idea that it has an open-ended and contingent relationship with scientific, legal, technical, political, social and institutional actors, the author explores the Convention's history, concepts and practices. Part I examines the emergence of the UPOV Convention during the 1950s and its expanding legitimacy in relation to plant variety protection. Part II explores the Convention's key concepts and practices, including plant breeder, plant variety, plant names (denomination), characteristics, protected material, essentially derived varieties (EDV) and farm saved seed (FSS). This book is an invaluable resource for academics, policy makers, agricultural managers and researchers in this field.

Download or read book Research Handbook on Empirical Studies in Intellectual Property Law written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Research Handbook explores empirical legal studies of intellectual property law. It covers research from four continents and offers unique conclusions to aid in the creation and understanding of policies and legislation.

Download or read book TRIPS plus 20 written by Hanns Ullrich and published by Springer. This book was released on 2016-01-29 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.

Download or read book Fair and Equitable Benefit Sharing in Agriculture Open Access written by Elsa Tsioumani and published by Routledge. This book was released on 2020-07-16 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the emergence and development of the legal concept of fair and equitable benefit-sharing, and its application in agriculture. Developed in the 1990s, the concept of fair and equitable benefit-sharing has been deployed in an ever-wider variety of international instruments, including those on biodiversity, climate change and human rights. A lack of clarity persists, however, on what fair and equitable benefit-sharing requires and entails, and whether its implementation supports or eventually undermines equity and justice. This book examines these questions in the area of land, food and agriculture, addressing for the first time several instances of the agricultural production chain, including research and development, land governance and land use and access to markets. It identifies challenges regarding implementation of the concept as enshrined in environmental treaties and soft-law instruments, with a focus on the International Treaty on Plant Genetic Resources for Food and Agriculture, the Voluntary Guidelines on Tenure and the UN Declaration on the Rights of Peasants. It investigates its role, enabling conditions and limitations, in a contradictory policy context involving environmental, food security and human rights objectives but also a growing web of multilateral and bilateral trade and investment agreements. Linking international law research with a socio-legal analysis, the book addresses four grassroots examples, which offer ideas for institutional and legal innovation from the local to the global level. This interdisciplinary title will be of great interest to students and scholars of international environmental law, agriculture, land law, development studies and global governance, as well as policymakers and practitioners working in these fields. “The Open Access version of this book, available at https://doi.org/10.4324/9780429198304, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license."

Download or read book The Role of Climate Change in Global Economic Governance written by Bradly J. Condon and published by . This book was released on 2013-08-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change represents an unprecedented challenge, the effects of which require an urgent and effective international response. This book analyses its effect on both developing and developed countries from an economic, financial, and legal perspective, assessing its interaction with international economic law.

Download or read book TRIPS Agreement of the WTO written by Mohammad Towhidul Islam and published by Cambridge Scholars Publishing. This book was released on 2014-07-24 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Regulation of Services and Intellectual Property written by BryanC. Mercurio and published by Routledge. This book was released on 2017-07-05 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: International rules on trade in services and intellectual property arenew additions to the multilateral trading system, but both have played an important role in the system since their entry. Accompanied by a detailed introduction, this volume contains essays which cover not only the law and jurisprudence of these topics but also the underlying economics and politics behind their incorporation into the multilateral system and continued prominence. The volume provides readers with a comprehensive overview of the development of these controversial and increasingly important areas of international trade law.

Download or read book Patent and Trade Disparities in Developing Countries written by Srividhya Ragavan and published by Oxford University Press. This book was released on 2012-09-06 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Similarly, almost all of these regimes provide generalized solutions that developing countries tend to denounce as ill-fitting.

Download or read book Politics of Intellectual Property written by European Consortium for Political Research. Joint Sessions of Workshops and published by Edward Elgar Publishing. This book was released on 2009 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Reframing Intellectual Property Law in Sri Lanka written by Althaf Marsoof and published by Springer Nature. This book was released on 2022-11-29 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a reflection on domestic intellectual property lawmaking from a developing country’s perspective. It focuses on Sri Lanka—a South Asian jurisdiction with a socio-economic, cultural, and political landscape similar to other developing nations in the region, but the intellectual property regime of which has been less explored. The aim of this book is to address the discrepancies, gaps, and flaws in the national intellectual property legal framework of Sri Lanka. In doing so, the book considers Sri Lanka’s obligations under TRIPS and other related intellectual property treaties to which the country is a party. The book also examines approaches adopted by developing countries in the region and beyond, as well as other more developed nations, in calibrating Sri Lanka’s domestic intellectual property regime to better address the country’s domestic needs and national interests. The approach adopted in this book is of relevance, more generally, to policymakers, legislators, legal academics, scholars, jurists, legal practitioners and judges who are keen on exploring the extent to which domestic intellectual property legislation complies with international intellectual property norms and standards and, more importantly, the extent to which domestic law makes use of the flexibilities under international law in addressing domestic needs and national interests.

Download or read book Human Rights and Intellectual Property written by Laurence R. Helfer and published by Cambridge University Press. This book was released on 2011-03-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.

Download or read book Cultivating Knowledge written by Andrew Flachs and published by University of Arizona Press. This book was released on 2019-11-05 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: A single seed is more than just the promise of a plant. In rural south India, seeds represent diverging paths toward a sustainable livelihood. Development programs and global agribusiness promote genetically modified seeds and organic certification as a path toward more sustainable cotton production, but these solutions mask a complex web of economic, social, political, and ecological issues that may have consequences as dire as death. In Cultivating Knowledge anthropologist Andrew Flachs shows how rural farmers come to plant genetically modified or certified organic cotton, sometimes during moments of agrarian crisis. Interweaving ethnographic detail, discussions of ecological knowledge, and deep history, Flachs uncovers the unintended consequences of new technologies, which offer great benefits to some—but at others’ expense. Flachs shows that farmers do not make simple cost-benefit analyses when evaluating new technologies and options. Their evaluation of development is a complex and shifting calculation of social meaning, performance, economics, and personal aspiration. Only by understanding this complicated nexus can we begin to understand sustainable agriculture. By comparing the experiences of farmers engaged with these mutually exclusive visions for the future of agriculture, Cultivating Knowledge investigates the human responses to global agrarian change. It illuminates the local impact of global changes: the slow, persistent dangers of pesticides, inequalities in rural life, the aspirations of people who grow fibers sent around the world, the place of ecological knowledge in modern agriculture, and even the complex threat of suicide. It all begins with a seed.

Download or read book Climate Change and Community Resilience written by A.K. Enamul Haque and published by Springer Nature. This book was released on 2021-10-21 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents myriads of ways community-based climate change adaptation and resilience programs are being implemented in South Asian countries. The narrative style of writing in this volume makes it accessible to a diverse audience from academics and researchers to practitioners in various governmental, non-governmental and international agencies. At a time when climate change presents humanity with a gloomy future, the stories of innovation, creativity, grassroots engagement and locally applicable solutions highlighted in this book provides insights into hopeful ways of approaching climate solutions. South Asian countries have been dealing with the impact of climate change for decades and thus offer valuable learning opportunities for developing countries within and beyond the region as well as many western countries that are confronting the wrath of climate induced natural disasters more recently. SANDEE has been a pioneer in the development of research and training in environmental economics and related issues in South Asia and Prof Maler has been throughout SANDEE's history, its mentor, and its strongest supporter. Many young economists in South Asia have significantly benefited from Prof Maler's guidance and inputs. The present volume on “Climate Change and Community Resilience: Insights from South Asia” is a fitting tribute and an excellent reflection of Prof Maler's contributions to the SANDEE programme throughout his association. - Mahesh Banskota, Ph.D. Professor, Development Studies School of Arts, Kathmandu University This comprehensive volume aptly identifies grassroots initiatives as the core of the problem of adaptation to climate change. The analysis of the different experiments is lucid, inclusive, and full of interesting detail. The methodologies used and the subjects covered span a range of frameworks and narratives. Put together, the studies are a fitting tribute to Karl-Goran Maler, who spent years putting his impeccable expertise to use for the cause of enhancing research in South Asia. - Kanchan Chopra, Ph.D. Former Director and Professor, Institute of Economic Growth, Delhi, and Fellow, SANDEE The slow international policy response to climate change elevates the importance of understanding how communities can respond to climate change’s many threats. This unusually accessible volume provides that understanding for South Asia while being relevant to the rest of the world. Its emphasis on research by scholars from the region makes it a wonderful tribute to Prof. Karl-Göran Mäler, who contributed so much to the growth of environmental economics research capacity in South Asia. - Jeffrey R. Vincent, Ph.D. Clarence F. Korstian Professor of Forest Economics & Management Nicholas School of the Environment, Duke University, USA

Download or read book McGeorge Law Review written by and published by . This book was released on 2009 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: