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JIPR Vol.13(6) [November 2008] >


Title: Institutions and Capacity Building for the Evolution of Intellectual Property Rights Regime in India: VI – Obligations and Opportunities in Handling Plant Varieties and Agricultural Biotechnology
Authors: Kochhar, Sudhir
Keywords: IPR
TRIPS
Biodiversity
CBD
ITPGRFA
Biosafety
Access & benefit sharing
Issue Date: Nov-2008
Publisher: CSIR
Abstract: The evolving IPR regime is catered by government obligations and public opportunities as well as responsibilities. The central government timely enacted/amended various IPR laws conforming to the corresponding international agreements. But interception of IPR infringements for suitable action under the law is the prerogative of the title holders themselves rather than being a responsibility of the government. The IPR grants are territorial. Civil remedies may also come to the rescue or assertion in business. But holders of foreign IPR titles are generally in favour of stronger IPR regime. The small and medium enterprises (SMEs) and the public research organizations, particularly face the challenge of adaptation to the new regime. The invaluable extant material proposed to be protected and utilized for further growth, by the Indian law makers needs to be IPR-enabled on priority. Lack of sufficient experience in cross-sectoral partnerships in research and development in the country also poses limitations for appropriate growth and development under the IPR regime. Suitable remedial measures are called for. Also concerns of equity and biosafety are discussed.
Page(s): 605-611
ISSN: 0971-5544
Source:JIPR Vol.13(6) [November 2008]

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