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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(2) [March 2011] >
| Title: | The Indian PPV&FR Act, 2001: Historical and Implementation Perspectives |
| Authors: | Kochupillai, Mrinalini |
| Keywords: | PPV&FR Act
Sui generis system
TRIPS Agreement |
| Issue Date: | Mar-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | This paper examines the objectives of the
PPV&FR Act in the light of history and current state of Indian agriculture,
drawing comparisons with approaches adopted by developed countries and/or the
international community in the early days of plant variety protection where
relevant. The analysis has been done with a view to determining the problems
faced by Indian agriculture that the government seeks to resolve with the help
of the PPV&FR Act. It provides a statistical analysis of plant variety
application trends under the PPV&FR Act to determine whether the Act is
‘effective’ in the light of the objectives that it seeks to accomplish as per
its statement of objects and reasons. Need and suggestions to make the Indian
law more effective from a national interest perspective and also strengthening
India’s stand before the international community where Article 27.3(b) of the
TRIPS Agreement continues to be under review are highlighted. |
| Page(s): | 88-101 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(2) [March 2011]
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