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ID: 105121

Analysis of opportunities and challenges in IPR and agriculture / Kochhar, Sudhir

Kochhar, Sudhir	Journal Article
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Publication

2011.

Summary/Abstract

This paper assimilates and contributes to the current state of IPR knowledge and proprietary products in the Indian jurisdiction. The influence of international IPR domain and influx of proprietary foreign technology products on Indian agricultural technology profile vis-à-vis the plight of the national players is discussed, particularly, with respect to patenting in plant biotechnology/transgenics. The factual scenario under the national PPV&FR regime is narrated. This paper also analyses the recent foreign interests in respect of patenting in the areas of animal vaccines and diagnostics vis-à-vis the existing strength of the national system, which needs to be maintained.

Key Words

Technology Transfer ; Agriculture ; Patent ; Fr ; Licensing ; Vaccines ;
PR ; PPV ; Transgenic ; Diagnostics

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ID: 105124

Indian PPV and FR act, 2001: historical and implementation perspectives / Kochupillai, Mrinalini

Kochupillai, Mrinalini	Journal Article
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Publication

2011.

Summary/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.

Key Words

TRIPS Agreement ; PPV ; FR Act ; Sui Generis System

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