http://nopr.niscair.res.in/handle/123456789/1999 Search the Channel search http://nopr.niscair.res.in/simple-search http://nopr.niscair.res.in/handle/123456789/2042 Title: Institutions and Capacity Building for the Evolution of Intellectual Property Rights Regime in India: V – Analysis of Review of TRIPS Agreement and R&D Prospect in Indian Agriculture under IPR Regime <br/> <br/>Authors: Kochhar, Sudhir <br/> <br/>Abstract: The TRIPS Agreement provides for product patent protection in all fields of technology including food substances pharmaceuticals and agrochemicals. The aim is to provide level playing field for developed and developing economies to promote economic development and alleviation of poverty. Yet the protection of trade-related intellectual property rights through public disclosure and their exclusive use under the control of the innovator may not be a sufficient, stand-alone measure to induce and achieve higher food and agricultural production. There is need to simultaneously recognize other relevant areas and mechanisms of global, regional and local importance and to harmonize world trade system with evolutionary necessities including socio-economics and the environment – sustainable development, environment protection, climate change, conservation of and access to biodiversity, biosafety, food safety, ethical issues related to manipulation of biological materials for improvement and development, issues of equity and commercial benefit sharing as pitted against intellectual property protection and royalties under the TRIPS Agreement, etc. This paper attempts to discuss review of TRIPS Agreement particularly in relation to patentability of bioresources and its harmonization with access and benefit sharing regime. R&D prospect in Indian agriculture under IPR regime is also discussed. <br/> <br/>Page(s): 536-547 Fri, 29 Aug 2008 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/2041 Title: Legal Issues in Branding Medicinal Products <br/> <br/>Authors: Thomas, Zakir <br/> <br/>Abstract: Branding of a drug raises important trademark principles. Some of the important trademark law decisions have come up in the area of pharmaceutical branding. This article examines these decisions, practises in the market and analyses legal issues surrounding trademark in pharmaceutical field. <br/> <br/>Page(s): 523-535 Fri, 29 Aug 2008 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/2040 Title: New Paradigms for Protection of Biodiversity <br/> <br/>Authors: Ragavan, Srividhya <br/> <br/>Abstract: The most successful bioprospecting venture was established in 1989 in Costa Rica. Interestingly, the distinction of being a forerunner in exploiting bioprospecting goes to India. In 1979, a full decade before Costa Rica, India established the Tropical Botanic Garden and Research Institute (TBGRI) at Trivandrum. Yet, the TBGRI venture with the Kani tribes, which had the potential to become a beacon of bioprospecting success, is showcased as the exemplar of failure. In this era of trade regime, this paper asserts, bioprospecting ventures are important tools for developing countries. Countries like India and organizations like TBGRI should learn from their failures and take leadership roles to evolve techniques to maximize returns by using biodiversity resources. With this as the background, this paper propounds three theoretical models for assigning bio-value to biotechnology products. <br/> <br/>Page(s): 514-522 Fri, 29 Aug 2008 22:58:59 GMT http://nopr.niscair.res.in/handle/123456789/2039 Title: Traditional Knowledge, Intellectual Property Rights and Biodiversity Conservation: Critical Issues and Key Challenges <br/> <br/>Authors: Damodaran, A <br/> <br/>Abstract: Based on a survey of the major national and international initiatives undertaken to protect Traditional Knowledge (TK) since 1990s, the paper states that the task of reconciling TRIPS with CBD and other related TK laws is fraught with difficulties. After examining various IPRs in relation to TK, the paper argues that there are clear limits to which former can accommodate the latter especially when it comes to positive protection of TK and related cultural expressions. The main argument in this paper is that sui generis legislations are more effective for the protection of TK and related cultural expressions. A sui generis legislation that views TK as a composite resource, having both economic and cultural features has a better prospect of ensuring protection of TK, besides enabling benefit sharing. By having international regulations that harmonize protection measures, it is guaranteed that national efforts at protection are not wasted due to absence of reciprocity. <br/> <br/>Page(s): 509-513 Fri, 29 Aug 2008 22:58:59 GMT