http://nopr.niscair.res.in/handle/123456789/3456 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/3567 Title: Taming of the Flu: Working Through the Tamiflu Patents in India <br/> <br/>Authors: Basheer, Shamnad <br/> <br/>Abstract: With an impending Avian influenza or bird flu pandemic, the issue of patents and public health has once again taken centre stage. Oseltamivir (known by its brand name ‘Tamiflu’), a patented antiviral pill, has emerged as the world's first line of defence against bird flu. A key priority for most nations is to create sufficient stockpiles of this pill that can then be easily distributed and administered during a pandemic. Keeping this end in mind, this paper explores the patent position in India and looks at ways to work around a patent, should one issue in future, to accelerate access in the event of a pandemic. The paper recommends various strategies for creating an optimal and affordable stockpile and calls on the government to take a more definite stand in the matter. <br/> <br/>Page(s): 113-124 http://nopr.niscair.res.in/handle/123456789/3565 Title: Beyond Wines and Spirits: Developing Countries’ GI Products and their Potential in WTO Regime with Special Reference to India <br/> <br/>Authors: Saha, Tushar Kanti; Bharti, Nalin <br/> <br/>Abstract: There has been a sea change in global marketing of geographically indicated products. This paper discusses the problem of protecting products of geographical origin; post TRIPS Agreement, which provides for enhanced protection to wines and spirits. Since no other product has been given enhanced legal protection in TRIPS, uncertainty for those unprotected products still continues. This has introduced inequity and unfair treatment of other products of equal importance sourced from the geographical locations and regions of the developing world. In order to evolve a fair trading system in the global market, agricultural and other natural products cannot be ignored as this affects the livelihood of a large number of people who are engaged in producing traditional and indigenous products of reputed quality. The paper further explores the possibilities of extending better protection to those unprotected products through the route of GI and probes the potential worth of Indian GI products with particular reference to newly found bonanza of bio-diesel extraction from Jatropha seeds as available in the state of Chattisgarh. <br/> <br/>Page(s): 89-97 http://nopr.niscair.res.in/handle/123456789/3564 Title: Patenting Lives—Life Patents, Culture and Development <br/> <br/>Authors: Gibson, Johanna <br/> <br/>Abstract: While many have lauded the potential role of agricultural biotechnology in achieving food and agricultural security in the developing world, this enthusiasm has been tempered by concerns over access to that technology being limited by intellectual property monopolies. This paper* introduces questions regarding the patent protection of life forms on cultural and economic development and considers whether further limitations are warranted on intellectual property monopolies that may be created in living organisms, including plants/plant varieties and animals, in the context of genetic engineering. Other potential means of effective commercial return for these technologies are outlined, with particular attention to notions of corporate responsibility, branding, and civil society action through non-governmental organizations and the public. <br/> <br/>Page(s): 103-112 http://nopr.niscair.res.in/handle/123456789/3563 Title: Intellectual Property Securitization: How Far Possible and Effective <br/> <br/>Authors: Kumar, Jayant <br/> <br/>Abstract: Over the past decade and a half, there has been a steadily increasing focus on intellectual property (IP) and its proceeds as sources of funding and collateral security. More than ever, IP is being recognized as a valuable component of a company’s asset portfolio due in large measure to the growth in IP as a strategic investment. The use of IP collateral is often more attractive than other types of collateral because there is generally a lower credit risk, which results in a lower cost of financing, and pledging IP collateral will often allow a borrower to secure financing without the need to alter its capital structure. The present paper discusses the issues related to patent securitization and concludes with a statement of how far patent securitization is possible and effective. <br/> <br/>Page(s): 98-102