NISCAIR Online Periodicals Repository Collection: JIPR Vol.07(3) [May 2002]

The Value of Intellectual Property, Intangible Assets and Goodwill

Title: The Value of Intellectual Property, Intangible Assets and Goodwill

Authors: King, Kelvin

Abstract: The paper discusses intellectual capital valuation concepts, methods and procedures adopted to apply credible value to intellectual property. Three broad categories of valuation methods, viz.: market based, cost based and based on estimates of future economic benefits are described briefly.

Page(s): 245-248

TRIPS and Public Health: The Doha Declaration

Title: TRIPS and Public Health: The Doha Declaration

Authors: Nair, M D

Abstract: The Doha Declaration on TRIPS and Public Health has very little new matter. It is rather areiteration of the fundamental tenets embodied in the TRIPS Agreement. Increased flexibility for interpretation and implementation by the members is the cardinal feature of the new document. India needs to evaluate all the implications of the provisions of the new Declaration and through appropriate legislations ensure that maximum benefits accrue to the Indian industry and the public.

Page(s): 241-244

Biotechnology and Development: A Balance between IPR Protection and Benefit-sharing

Title: Biotechnology and Development: A Balance between IPR Protection and Benefit-sharing

Authors: Wendt, Jan; Izquierdo, Juan

Abstract: The paper discusses various aspects of protection of agricultural innovations specially after the applications of biotechnology have taken place in the agricultural research. Describes the relevant article of TRIPS Agreement in respect of agricultural innovations and new problems of their protection.Apart from protecting innovations, the access to genetic resources is another basic aspect affecting biotechnology as new tool for the conservation and sustainable use of plant genetic resources for food and agriculture. Paper describes the international framework for IPR related to genetic resources and access to these resources. The legal tools available with the Latin American region for protection of IPR, access to genetic resources and fair distribution of benefit are described and the problems faced in achieving these goals are identified. Several suggestions for improving the performance of the system of protection of access to genetic resources and protection of IPR are given.

Page(s): 233-240

Indigenous Knowledge and Intellectual Property Rights: The Latent Logistics and the Overt Concerns

Title: Indigenous Knowledge and Intellectual Property Rights: The Latent Logistics and the Overt Concerns

Authors: Arunachalam, V

Abstract: Awareness of indigenous knowledge (IK) and concerns of protecting it are growing over time. Most of the IK descends from ancient tradition and would need a proper validation and documentation. IK is found in a wide variety of areas, but this paper covers only agricultural crops. There are provisions in the Plant Variety Protection and Farmers’ Rights Bill, 2000, for registration of farmer-varieties with associated protection and benefit sharing but exclusive provisions for IK protection possibly remains to be focused. Indigenous genetic wealth (IGW), on the other hand, consists of herbs, medicinal plants, landraces of a variety of plant species and such genetic resources. The expression of the characteristic traits of IGW is highly site-specific. To meet the commercial demands of protected IGW, their genetic purity has to be maintained. This would imply maintaining their site-specific trait expression and therefore conservation at their native habitats. Further IK and IGW are tightly linked and cannot be isolated for protection; they must be treated as one integrated unit. These perceptions, the emerging problems and paradigms are discussed in this paper.

Page(s): 222-232