International Initiatives for Regulating Access to Genetic Resources

In light of the various international instruments and international agencies that are actively engaged in resolving the issue of ABS, the present work tries to find an answer to the larger question how far the above agencies have succeeded in regulating access and make sure of benefit sharing. In this process, the work comprehensively analyses the work of different agencies involved in the process. It tries to find out the major obstacles that stand in the way of fulfilment of the benefit sharing objective and proposes the ways and means to tackle them. The study first traces the legal foundations of the concept of property in GRs and associated TK.For this, it starts with analysis of the nature of property and the questions related to ownership in GRs as contained in the CBD as well as in various State legislations. It further examines the notion of property before and after the enactment of the CBD and establishes that the CBD contains strong private property jurisprudence.Based on the theoretical foundation of private property right,Chapter 3 analyses the benefit sharing mechanism of the CBD, i.e. the Nagoya Protocol. It searches for a theoretical convergence of the notion of property as reflected in the two instruments and successfully establishes the same. It makes an appraisal of the Nagoya regime to find out how far it has gone beyond the CBD in ensuring the task of benefit sharing and the impediments in its way.Realizing that the ITPGRFA forms part of the CBD system, Chapter 4 analyses the benefit sharing structure of ITPGRFA as revealed through its multilateral system. This gives the work the benefit of comparing two different benefit sharing models operating on the same philosophy of property. This chapter tries to find out whether there is conceptual coherence in the notion of property when the benefit sharing model changes. It alsocompares the merits and demerits of both the systems and tries to locate the hurdles in achieving benefit sharing. Aware of the legal impediments caused by IPRs in the process of ABS, Chapter 5 tries to explore the linkages between IPRs and GRs and associated TK and assesses why contract-based CBD system fails before the monopoly rights under TRIPS. Chapter 6 analyses the different solutions suggested by the international community at the TRIPS Council as well as the WIPO (World Intellectual property Organisation) and examines their effectiveness. Chapter 7 concludes that considering the inability of the present IP system to understand the grass root realities of the indigenous communities as well as the varying situations of the country of origin, the best possible way to recognise the CBD goals in the TRIPS could be better achieved through linking the two instruments by means of the triple disclosure requirement in Article 29 as suggested by the Disclosure Group during the TRIPS Council deliberations. It also recommends that considering the nature of property in GR, a new section/chapter in the TRIPS dealing with GRs would be another workable solution.

Secret Sharing Schemes Using Visual Cryptography

Secret sharing schemes allow a secret to be shared among a group of participants so that only qualified subsets of participants can recover the secret. A visual cryptography scheme (VCS) is a special kind of secret sharing scheme in which the secret to share consists of an image and the shares consist of xeroxed transparencies which are stacked to recover the shared image. In this thesis we have given the theoretical background of Secret Sharing Schemes and the historical development of the subject. We have included a few examples to improve the readability of the thesis. We have tried to maintain the rigor of the treatment of the subject. The limitations and disadvantages of the various forms secret sharing schemes are brought out. Several new schemes for both dealing and combining are included in the thesis. We have introduced a new number system, called, POB number system. Representation using POB number system has been presented. Algorithms for finding the POB number and POB value are given.We have also proved that the representation using POB number system is unique and is more efficient. Being a new system, there is much scope for further development in this area.

Equality of Opportunity in Public Employment : Judicial Perspectives on Backwardness

This thesis is a study of -Equality of Opportunity in Public Employment : Judicial Perspectives on Backwardness. This study is an attempt to evaluate the concept of backwardness and equality of opportunity in employment and to assess the judicial perspectives in relation to them. The study reveals that the recent review petition of the Constitution Bench did not assess the decision of Chakradhar and its import. The study reveals that the Indian judiciary could successfully locate and apply the above principles. It was-Justice Subba Rao's nascent attempt in Devadasan which marked the starting point of such a jurisprudential enquiry. Later Thomas developed the thoughts by a reading new meaning and content to equality provisions of the Constitution which included the elimination of inequalities as the positive content of Articles 14 and 16(1) and elevated reservation provision to the same status of equality principles under the Constitution. Soshit, Vasanth Kumar and Mandal supplemented further to the jurisprudential contents. In this process, the courts were guided by the theories of John Rawls, David Miller, Ronald Dworkin, Max Weber and Roscoe Pound. Thus there was a slow and steady process of transformation of the reservation provision. From an anti-meritarian, unenforceable and enabling provision, it reached a stage of equally relevant and explanatory part of fundamental right to equality. Mandal viewed it as a part of sharing of State power. Though this can be seen by rereading and re-joining thoughts of judges in this regard, the judicial approach lacks coherence and concerted efforts in evolving a jurisprudential basis for protective discrimination. The deliberations of the framers of the Constitution reveals that there was much confusion and indeterminacy with regard to the concept of Backwardness. The study shows that the judiciary has been keeping intact the framers’ expectation of having a reasonable quantum of reservation, preventing the undeserved sections from enjoying the benefit, avoiding its abuse and evolving a new criteria and rejecting the old ones.

Resource Sharing Among Engineering College Libraries Affiliated To Mahatma Gandhi University, Kerala: A Proposed Model

There are around 150 engineering colleges (ECs) in Kerala under the government, aided and self financing (S.F.) sectors. While the college libraries in the government and aided sectors receive several grants, the libraries of S.F. colleges are solely run by their own funds. The rising costs of scholarly publications and strict AICTE stipulations regarding libraries and their collection, pose great difficulties to the libraries in all sectors in finding adequate budgets to provide quality services. Library cooperation/resource sharing helps to overcome this problem to a considerable extent. The present study analysed the facilities and services of the ECs affiliated to M.G.University, Kerala to identify whether there is a need for resource sharing (RS) among these libraries. The satisfaction of the users with their library resources and services were also ascertained. The study put forward a model for RS and the opinion of the librarians and users regarding the same were collected. Structured questionnaires were used to collect the required data. The study revealed that a wide gap exist between the libraries with respect to their facilities and services and many of the S.F. libraries have better infrastructure when compared to the government and aided college libraries. Majority of the respondents opined that RS is necessary to satisfy their information needs. The model of RS proposed by the study was widely accepted by the librarians and users. Based on the opinions and suggestions of the respondents, the study developed the potential model for resource sharing- the Virtual Resource Sharing Centre (VRSC).