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.

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.

A study of the cost structure of the cashew industry in kerala, karnataka and tamilnadu

Since the world demand for cashew kernels has been rising steadily for several years in the past, conferring significant price increase the processing of cashew remains a highly profitable lndustry. India being the earliest and largest supplier of cashew kernels in the world market it is our prestigious obligations to reestablish her pristine monopoly. Further the added importance ot the indutry in the Socio economic context of the State of Kerala makes various measures impervative in order to bring back to the industry its pristine glory at the late sixties to give a face lift and to stabilize the industry. This present study adopts a comprehensive frame work of analysis compassing the major issues involved in the cultivation, distribution, import, processing and marketing of cashew undcr the private and public sector, migration of the industry and the financial requirements of the industry.

Marketing orientation of small Firms- a study with reference to Trivandrum district

The small business has attracted very little attention of the historians in the ancient times, or public mind inspite of the fact that its impact on the various civilisations has been phenominal. Even in recent times economists considered the small firms as inappropriate, obselate and anacronistic as it cannot assimilate the full potential of technological change in the production system. But today everybody agrees that the small business has a definite role in shaping the human destiny and enhancing the quality of life in any society. In a developing country like India small firms are necessary to generate employment for millions, high standared of personal choice to consumers, provide competition and act as a check to monopoly power; further the small firms provide an important source of innovation and in turn it paves the way for entrepreneur development in the society. In many countries the small enterprises played a significant role in the growth and development of their economic system. Italy and Japan are quoted as classic examples . In India, too, with the abundance of labour and scarce capital resources small firms have been promoted and protected by the government. But one must say that the small firm owners/managers in India have been shy in developing a market orientation in themeselves. Due to this many firms failed and closed. The alarming rate of sickness among the small firms in India may be attributed to the lack of market driven/customer orientation approach among the owner/managers of small business. So the study on the market oreintation of the small firms has never been in the mind of marketing experts and academicians. Thus, an attempt is made to enquire into them systematically and scientifically. For the study, Trivandrum district in Kerala has been selected. The data for the study has been collected by the help of a schedule which has been prepared after consulting the relevant literature and after consultation with experts in the field, academicians and practising managers.

Conceptualisation Of Model For Studying Consumer Purchase Behaviour Of Passenger Cars

Automobile Industry in India is influenced by the presence of national and multi-national manufacturers. The presence of many manufacturers and brands in the state provides many choices to the customer. The current market for car manufacturers has been transformed from a monopoly of one or two manufacturers in the seventies to oligopoly of many manufacturers in the current marketing scenario. The main objective of the research paper is to explore and conceptualize various parameters and develop a model, which influence the purchase patterns of passenger cars in the State of Kerala. Thus, the main purpose of this paper is to come up with a model, which shall facilitate further study on the consumer purchase behaviour patterns of passenger car owners in the State of Kerala, India. The author intends to undertake further quantitative analysis to verify and validate the model so developed. The main methods used for this paper are secondary research on available material, depth interview of car dealers, car financing agencies and car owners in the city of Cochin, in Kerala State in India. The depth interviews were conducted with the use of prepared questionnaire for car dealers, car customers and car financing agencies. The findings resulted in the identification of the parameters that influence the consumer purchase behaviour of passenger cars and the formulation of the model, which will be the basis for the further research of the author. The paper will be of tremendous value to the existing and new car manufacturers both indigenous and foreign, to formalize and strategies their policies towards an effective marketing strategy, so as to market their models in the State, which is known for its high literacy, consumerism and higher educational penetration

The Transition of World Cashew Industry and the Challenges to India

Cashew is an important commodity traded across the continents and the world cashew industry is the livelihood of more than three million people worldwide, the majority of whom are womenfolk from the socially and economically backward community of the developing nations. Cashew tree was originally planted to prevent soil erosion and it was during the beginning of the 19th century that cashew kernels attained the status of a food item. Further, the cashew kernels attained the status of an international commodity with India exporting its first consignment of cashew kernels to U.S.A. in 1920. India was the first country to hit the world market with cashew as a commodity and it was she who pioneered cashew processing as an industry. For decades together India was enjoying a monopoly in the world cashew industry in the fields of raw nut production (cultivation), processing and the market share in the international trade. The liberalisation of international trade has brought in a big transition in the world of cashew. India started to benefit from the trade policy, that improved her supply positions of raw nuts from other producing countries, accelerated her growth in processing of raw nuts and exports of cashew kernels. On the other side, her domestic consumption started growing up that by the beginning of the new century, she emerged out as the world’s largest consumer of cashew kernels as well.