http://nopr.niscair.res.in/handle/123456789/4761 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/4930 Title: TRIPS and Parallel Imports — Impact on Drug Prices <br/> <br/>Authors: Nair, M D <br/> <br/>Abstract: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="City"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> In the ‘parallel imports’ products are made and marketed by the patent owner (or trademark- or copyright-owner, etc.) in one country and imported into another country without the approval of the patent owner. The legal principle here is ‘exhaustion’, the idea that once a company has sold its product, its patent is exhausted and it no longer has any rights over what happens to that product. It is a method of ensuring affordable access to essential goods. The paper discusses in detail the various provisions of TRIPS related to parallel imports and how it is being dealt with in USA, European Union, UK, Japan and Australia, and outlines the impact of parallel imports on prices. Some suggestions for enforcing ‘exhaustion regime’ in India are given. </smarttagtype></smarttagtype></smarttagtype> <br/> <br/>Page(s): 342-345 http://nopr.niscair.res.in/handle/123456789/4929 Title: A Study of Patenting Activity in <i style="">Aloe vera</i> <br/> <br/>Authors: Dutt, Bharvi <br/> <br/>Abstract: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> The article studies <i style="">Aloe vera</i> based patents searched in the United States Patent and Trademark Office (USPTO) database, European Patent Office (EPO) database and EKASWA database of the patents notified for opposition of the Technology Information, Forecasting and Assessment Council (TIFAC), India. Out of the total 102 patents found in the databases, more than 60% of the patents were owned by the US inventors and firms, followed by China, Korea and Germany, which had less than 10 patents each. India did not have any patent. The maximum number of patents pertained to skin care and treatment of skin diseases, followed by those having a wide range of pharmaceutical uses, extraction and isolation of chemical substances, industrial processes, food and beverages, and machinery and equipment used for processing of <i style="">Aloe vera</i> plant. There is no domination of any company or group of companies in patenting<b style="">. </b> </smarttagtype></smarttagtype> <br/> <br/>Page(s): 330-341 http://nopr.niscair.res.in/handle/123456789/4928 Title: The Protection of Plant Varieties and Farmers’ Rights Act: From Legislation to Implementation <br/> <br/>Authors: Swaminathan, M S <br/> <br/>Abstract: Paper discusses as to how to achieve the goals of the Protection of Plant varieties and Farmers’ Rights Act, 2001 and of the FAO’s International Treaty on Plant Genetic Resources for Food and Agriculture. Makes the major recommendations relating to national and global issues. Outlines the rules relating to the implementation of the Protection of Plant Varieties and Farmers’ Rights Act, 2001. <br/> <br/>Page(s): 324-329 http://nopr.niscair.res.in/handle/123456789/4927 Title: Intellectual Property Rights and the Third World <br/> <br/>Authors: Mashelkar, R A <br/> <br/>Abstract: <smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> Issues of generation, protection and exploitation of intellectual property (IP) are assuming increasing importance. The new IP regimes will have wide ranging socio-economic, technological and political impact. As per the obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS), all the members of World Trade Organization (WTO) are supposed to implement national systems of intellectual property rights (IPR) following an agreed set of minimum standards. However, there is an increasing feeling that harmonization is demanded from those that are not equal, either economically or institutionally. The major concerns of the Third World about such harmonization and the new challenge it faces in diverse areas of intellectual property protection are discussed and some suggestions about the way ahead are made. The discussion includes the need for a fair play in technology transfer, creation of ‘favourable economics’ of essential medicines from the point of view of the Third World, protection of traditional knowledge, etc. The creation of Traditional Knowledge Digital Library (an essentially Indian initiative) and linking it to the International Patent Classification (IPC) system through a Traditional Knowledge Resource Classification (TKRC) system is an important conceptual step forward. The possible models for material transfer and benefit sharing when products are created based on community knowledge are also discussed. Other discussion includes the challenge of bridging the divide between the Third World and other developed nations, with special emphasis on intellectual property information sharing, capacity building with creation of appropriate physical and intellectual infrastructure and awareness building. It is argued that the third world should negotiate a new ‘TRIPS plus’ which means ‘TRIPS plus equity and ethics’ </smarttagtype> <br/> <br/>Page(s): 308-323