NISCAIR Online Periodicals Repository Collection: JIPR Vol.08(5) [September 2003]

IPRs and Biological Resources: Implications for Developing Countries

Title: IPRs and Biological Resources: Implications for Developing Countries

Authors: Oh, Cecilia

Abstract: As developing countries formulate their policy and legal responses to address the implications of biotechnology and the need for biosafety, the regulation of access to genetic resources to ensure benefit sharing, and the implementation of the TRIPS Agreement, they are faced with the question: should they allow for the grant of intellectual property rights over biological resources? This paper suggests that on the question of whether or not to allow IPRs over biological resources should be drawn from two perspectives; one, the international level, taking into account the developments relating to the TRIPS Agreement at the WTO; and two, the national level, taking into account the domestic situation and needs. A two-prong strategy has been suggested. International cooperation and initiatives will be required to strengthen the monitoring of biopiracy and to establish international mechanisms to ensure equitable sharing of benefits from the use of biological and genetic resources. Challenging biopiracy-based patent claims will also be an important component of international level measures. However, these measures must be complemented by measures at the national level to ensure the recognition and protection of traditional or community knowledge.

Page(s): 400-413

Microbial Biopiracy in India: How to Fight Back?

Title: Microbial Biopiracy in India: How to Fight Back?

Authors: Chaudhuri, Sabuj Kumar

Abstract: Some multinational pharmaceutical companies and other interested groups have unethically accessed rich microbial resources of India to obtain patents on them. Recently, the Patents (Amendment) Act, 2002 of India has included microorganism as a patentable invention in compliance with the TRIPS Agreement. The paper highlights the phenomenon of microbial biopiracy in India given the current scenario. Certain examples of piracy of various microorganisms from India by a few multinational pharmaceutical companies have been discussed which tries to prove the extent of activities of these companies. India will have to fight back this piracy of microbes immediately after meeting the international obligations. For standing up to this phenomenon, some sensible and systematic steps have been suggested. Prevention of biopiracy of microorganisms should be people’s movement concerted with community, researchers, governmental agencies, NGOs, rather than haphazard initiatives.

Page(s): 389-399

Ambush Marketing-The Problem and the Projected Solutions vis-a-vis Intellectual Property Law-A Global Perspective

Title: Ambush Marketing-The Problem and the Projected Solutions vis-a-vis Intellectual Property Law-A Global Perspective

Authors: Bhattacharjee, Sudipta

Abstract: The problem of ambush marketing has been plaguing the organizers of various sporting and other events for the last four to five years. Due to the enormous financial losses caused by ambush marketing, the sponsors have been reconsidering the decisions to shell out astronomical sums for sponsoring various events. This paper analyses in great detail the concept of ambush marketing to its genesis, the various famous incidents of ambush marketing and the consequential losses and evaluates the existing intellectual property regime in combating this menace. It also analyses the various sui generis legislations framed by countries like South Africa and Australia to combat ambush marketing and tries to cull out a suitable anti-ambush marketing legislative policy for the Indian scenario.

Page(s): 375-388

Moral Rights in Developing Countries: The Example of India – Part I

Title: Moral Rights in Developing Countries: The Example of India – Part I

Authors: Rajan, Mira T Sundara

Abstract: The “moral right” is an aspect of a copyright law that seeks to protect the non-commercial, personal, or spiritual interests of an author in his work. This paper argues that moral rights can make an important contribution to culture in developing countries. In particular, moral rights provide a counterweight to the increasingly commercial orientation of the international copyright system under the TRIPS Agreement, which may ultimately prove to be damaging to development and culture. The paper considers the innovative treatment of moral rights by Indian legislators and judges as an example of how the cultural potential of these rights may be realized, and attempts a critical assessment of the current Indian trend towards a more restrictive treatment of these rights. It is in two parts. Part I covers copyright policy in India, traditional approaches to moral rights in India and moral rights in Indian Copyright Act. The Part II, to be published in the next issue, will deal with judicial development and interpretation of moral rights, moral rights and development and future of moral rights in India.

Page(s): 357-374