Exceptions and Limitations to Intellectual Property Rights with Special Reference to Patent and Copyright Law

This thesis entitled Exceptions and limitations to intellectual property rights with special reference to patent and copyright law.The study on the limitations and exceptions to copyright and patent was mainly characterized by its diversity and flexibility. The unique feature of limited monopoly appended to intellectual property was always a matter of wide controversy.The historical analysis substantiated this instrumentalist philosophy of intellectual property.the study from a legal space characterized by diversity and flexibility and end up in that legal space being characterized by homogeneity and standardization. The issue of flexibility and restrictiveness in the context of TRIPS is the next challenging task. Before devising flexibility to TST, the question to be answered is whether such a mechanism is desirable in the context of TRIPS.In conclusion it is submitted to reorient the intellectual property framework in the context of the noble public interest objectives.

Economic Impacts Of Air Pollution on Human Health and Property Values

The objectives of the present study are to provide a systematic descriptive documentation of the nature of air pollution of the Cochin industrial agglomeration, estimate the willingness to pay for morbidity reduction due to air pollution in observed and hypothetical markets and to estimate the value of welfare loss in the purchase of property due to reduced air quality. This study is an attempt to examine economic impacts of air pollution on the human health and property values in the industrial capital of Kerala. The process of industrialization in Kerala and the increase in air pollution created damages to human, natural and economic resources in the state. The study documents the extent of air pollution and applied econometric approaches to estimate economic impacts of air pollution on human health and property values. The Important sources of air pollution identified in Cochin are emissions from industries and automobiles.

Low Temperature Curing of NBR for Property Improvement

Zinc salts of ethyl, isopropyl, and butyl xanthates are prepared in the laboratory, and the effect of these xanthates with zinc diethyl dithiocarbamate (ZDC) on the vulcanization of HAF-filled nitrile butadiene rubber (NBR) compounds has been studied at different temperatures. The cure times of these compounds have been compared with that of NBR compounds containing TMTD/MBTS. The rubber compounds with the three xanthate accelerators and ZDC are cured at various temperatures from 60 to 150°C. The sheets are molded and properties such as tensile strength, tear strength, cross-link density, elongation at break, compression set, abrasion resistance, flex resistance, etc. have been evaluated. The properties show that zinc salt of the xanthate/ZDC accelerator system has a positive synergistic effect on the cure rate and mechanical properties of NBR compounds.

The (t) property of some classes of graphs

In this note,the (t) properties of five class are studied. We proved that the classes of cographs and clique perfect graphs without isolated vertices satisfy the (2) property and the (3) property, but do not satisfy the (t) property for tis greater than equal to 4. The (t) properties of the planar graphs and the perfect graphss are also studied . we obtain a necessary and suffieient conditions for the trestled graph of index K to satisfy the (2) property

Antiviral property of marine actinomycetes against White Spot Syndrome Virus in penaeid shrimps

Aquaculture farms, particularly in Southeast Asia are facing severe crisis due to increasing incidences of White Spot Syndrome Virus (WSSV). Actinomycetes have provided many important bioactive compounds of high prophylactic and therapeutic value and are continually being screened for new compounds. In this communication, the results of a study made to determine the effectiveness of marine actinomycetes against the white spot disease in penaeid shrimps are presented. Twenty-five isolates of actinomycetes were tested for their ability to reduce infection due to WSSV among cultured shrimps. When these actinomycetes were made available as feed additives to the post-larvae of the black tiger shrimp Penaeus monodon for two weeks and challenged with WSSV, the post challenge survival showed variations from 11 to 83%. However, six isolates have shown to be the most potential candidates for further study.

Electron Donating Property and Catalytic Activity of Perovskite-type Mixed Oxides (ABO3 ) Consisting of Rare Earth and 3d Transition Metals

The catalytic activity of Perovskite-type mixed oxides (LaCo03 . PrCo03 and SmCo03 ) for the reduction of cyclohexanone to cyclohexanol with 2-propanol (Meerwein-Ponndorf-Verley reduction) has been studied. The data have been correlated with the surface electron donor properties of these mixed oxides.

A Study on the Reversed Lack of Memory Property and its Generalizations

In this thesis, the concept of reversed lack of memory property and its generalizations is studied.We we generalize this property which involves operations different than the ”addition”. In particular an associative, binary operator ” * ” is considered. The univariate reversed lack of memory property is generalized using the binary operator and a class of probability distributions which include Type 3 extreme value, power function, reflected Weibull and negative Pareto distributions are characterized (Asha and Rejeesh (2009)). We also define the almost reversed lack of memory property and considered the distributions with reversed periodic hazard rate under the binary operation. Further, we give a bivariate extension of the generalized reversed lack of memory property and characterize a class of bivariate distributions which include the characterized extension (CE) model of Roy (2002a) apart from the bivariate reflected Weibull and power function distributions. We proved the equality of local proportionality of the reversed hazard rate and generalized reversed lack of memory property. Study of uncertainty is a subject of interest common to reliability, survival analysis, actuary, economics, business and many other fields. However, in many realistic situations, uncertainty is not necessarily related to the future but can also refer to the past. Recently, Di Crescenzo and Longobardi (2009) introduced a new measure of information called dynamic cumulative entropy. Dynamic cumulative entropy is suitable to measure information when uncertainty is related to the past, a dual concept of the cumulative residual entropy which relates to uncertainty of the future lifetime of a system. We redefine this measure in the whole real line and study its properties. We also discuss the implications of generalized reversed lack of memory property on dynamic cumulative entropy and past entropy.In this study, we extend the idea of reversed lack of memory property to the discrete set up. Here we investigate the discrete class of distributions characterized by the discrete reversed lack of memory property. The concept is extended to the bivariate case and bivariate distributions characterized by this property are also presented. The implication of this property on discrete reversed hazard rate, mean past life, and discrete past entropy are also investigated.

Protection of Farmers’ Rights in India-Challenges for Law in the Context of Plant Breeders’ Rights

School of Legal Studies, Cochin University of Science and Technology

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.

Pertormer’s Rights in India

The overall focus of the thesis involves the performer's rights in india -A study with special reference to the audiovisual industry.The performer is the disseminator of works of literary, dramatic artistic and musical authorship .The challenge of studying the audiovisual industry is the low level of data documentation and transparency in transactions compounded by the low awareness of legal issues. The first five chapters of the study trace the evolution of performers’ rights with particular impetus on three diverse jurisdictions both at the judicial and statutory levels as well as from the collective bargaining platform.The study also seeks to pin point the major obstacles that the performers have had to encounter in their quest for equal rights under the umbrella of intellectual property the world over.the status of the performer through the international instruments - the Rome convention, the WPPT and the envisaged Protocol to the audiovisual performance.A grant of rights to the performer either under Copyright or labor law need not improve matters for the performer unless the institutional grievance redressal is firmly put in place.There is a need for clearer delineation between the definitions of audio and audiovisual fixations. Under the Indian law the terms representing these have been sound records and cinematographs respectivel.Performer and the Philosophy of Intellectual Propertyeffectively. But this is not to deny the fact that these institutions, organizations and practices could very well rise to the occasion when the rights regime comes into force.

Legal Control of Fishing Industry in Kerala

This work is a study on ‘Legal Control of Fishing Industry in Kerala.Fishery and Fishery-related legislations are sought to be examined in the light of scientific opinion and judicial decisionsThis work is divided into five Part.The thrust of time Study is on the success of legislative measures in attempting to achieve socio-economic justice for the fishermen community.Fishing is more an avocation than an industry. It is basically the avocation of the artisanal or traditional fishermen who depend on it for their livelihood. As an ‘industry’, it is a generator of employment, income and wealth.The modern tendency in national legislations is to integrate legal proivisions relating to EEZ fisheries into the general fisheries legislation.Chartered fishing was introduced by the Central Government during 1977-78 to establish the abundance and distribution of fishery resources in Indian EEZ, for transfer of technology and for related purposes.Going by the provisions of Articles 61 and 62 of the U.N. Convention on the Law of the Sea, 1982, foreign fishing need be permitted in our EEZ area only if there is any surplus left after meeting our national requirements.Conservation of the renewable fishery resources should start with identification of the species, their habitats, feeding and breeding patterns, their classification and characteristics. Fishing patterns and their impact on different species and areas require to be examined and investigated.the Central Government, that the Kerala Marine Fishing Regulation Act, 1980 was passed.our traditional fishermen that our Governments in power in Kerala resorted to the appointment of Commissions after Commissions to enquire into the problems of resource management and conservation of the resources. The implementation of the recommendations of these Commissions is the need of the times.General infrastructure has increased to a certain extent in the fishery villages; but it is more the result of the development efforts of the State rather than due to increase in earnings from fishing. Fisherwomen ar e still unable to enjoy the status and role expected of them in the society and the family.Around 120 million people around the tuorld are economically dependent on fisheries. In developing countries like India, small-scale fishers are also the primary suppliers of fish, particularly for local consumption. A most important role of the fisheries sector is as a source of domestically produced food. Fish, as a food item, is a nutrient and it has great medicinal value.Consumers in our country face a dramatic rise in fish prices as our ‘fishing industry’ is linked with lucrative markets in industrial countries. Autonomy of States should be attempted to be maintained to the extent possible with the help and co-operation of the Centre. Regional co-operation of the coastal states interse and with the Centre should be attempted to be achieved under the leadership of the Centre in matters of regional concern. At time national level, a ifisheries management policy and plan should be framed in conformity with the national economic policies and plans as also keeping pace with the local and regional needs and priorities. Any such policy, plan and legislation should strive to achieve sustainability of the resources as well as support to the subsistence sector.

Legal Control of Industrial Pollution

Industries constitute the main spring of development. Without industrial development no country could reach a stage in which a decent living for its citizens would be achieved. Increasing production to meet the basic needs of society augmented scientific invention and machine oriented industrial order.Environmental pollution ls a burning global issue. It is more serious and dangerous than terrorism. Started with the discovery of fire and development of civilization. Pollution went unnoticed throughout the centuries of human growth until its adverse effects on human environment become explicit.National concern tor environment started in our country only atter the cause of protection of environment received global attention. At present legal control ot industrial pollution is in a scattered framework of piece meal processes with overlapping provisions and authorities.Environmental protection- should be an item not only in the concurrent list of schedule 7 to the Constitution but also in the list of matters entrusted to the panchayati institutions in the Schedule 11. It is heartening to note that so far as municipalities are concerned the Constitution of India lives up to the expectation. In the wake of New Industrial Policy based on liberalisation a long list of small scale industries fall outside the purview of environmental clearance. The Indian concept of environmental im»act assessment introduced under the Environment Act by notification excludes the entire gamut of small scale industries and r.elates only to scheduled industries covered by the notifica~ion. Most of them are subjected to ETA only it the investment goes above ~.50 crores. This provision dilutes the impact assessment considerably A mandatory impact assessment with public partiCipation and with provision for a review by specialized environmental courts will eliminate the possible evils of this judicial passiveness.