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.

TRIPS Agreement and Public Health: An Overview of International Issues

This paper deals with brief overview of the developments of international provisions on IPR related to public health. It discusses flexibilities before and after TRIPS Agreement and difficulties faced by developing countries in implementing TRIPS obligations and protecting public health. Also discussed are the reasons for the Doha Declaration and issues relating to implementation of Para 6 of the Declaration. Discusses the inadequacy in the compulsory licence based approach to solve public health crisis and argues for a more comprehensive approach to find a long term solution to the public health issues

International Human Rights Movements and Protection of Women's Rights

This thesis is an attempt to explore the problems faced by Indian Women and to examine the ways in which the human rights of women could be better protected in the light of international movements with special reference to national legislation and judicial decisions.The evolution of human rights from early period to Universal Declaration of Human Rights, 1948 is traced in the first chapter. The second chapter deals with the evolution of human rights in India. The evolution of fundamental rights and directive principles and the role played by the Indian Judiciary in enforcing the human rights enumerated in various international instruments dealing with human rights are also dealt with in this chapter. The rights guaranteed to women under the various international documents have been dealt with in the third chapter.It is noticed that the international documents have had their impact in India leading to creation of machinery for protection of human rights. Organised violations of women's rights such as prostitution, devadasi system, domestic violence, sexual harassment at workplaces, the evil of dowry, female infanticide etc. have been analysed in the light of existing laws and decisional jurisprudence in the fourth chapter. The fifth chapter analyses the decisions and consensus that emerged from the world conferences on women and their impact on the Indian Society and Judiciary. The constitutional provisions and legislative provisions protecting the rights of women have been critically examined in the sixth chapter. Chapter seven deals with various mechanisms evolved to protect the human rights of women. The eighth chapter contains conclusions and suggestions.

Protection of property and criminal law - A study with special reference to intellectual property

Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development. However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation within the contours of the socialist theory of property, though there was no attempt for any formal theorization. An examination of the decisions under the Penal Code provisions and Constituent Assembly Debates has reinforced the above view that our courts as well as legislature have adopted the socialist concept of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.

Environomics - A Financial Estimate of Environmental Pollution Control and Abatement Schemes in Eloor-Edayar Industrial Belt

The present study consists of nine chapters including the introductory chapter. Chapter II makes a brief review of environmental literature and examines various measures adopted at the global level to protect the environment. The environmental problems often transgress national sovereignity and geographical boundaries. Therefore, attempts must be made at the national and international levels to protect the environment, the resources of which are the common property of mankind. The protection of the national environment from the ancient till the present forms the content of Chapter III. These chapters together provide a background to understand the issues analysed in the subsequent chapters. Carefully worked out theoretical framework is a pre-requisite for the successful study of a complex subject. Some of the theoretical issues of ‘environomics’ are examined in Chapter IV. The theoretical issues involved in estimating the costs and benefits of environmental protection constitute the theme of Chapter V. The state of environment in Eloor-Edayar Industrial belt andthe impact analysis of pollution of the area are discussed in Chapter VI and VII respectively. Chapter VIII makes the financial estimate of environmental protection of the project And finally, Chapter IX presents the findings of the study

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

Sustainability and Livelihood Issues of Vembanad Ecosystem Fisherfolk Communities

Dept.of Applied Economics,Cochin University of Science and Technology

Resource abundance and Survival of indigenous ornamental fishes of central Kerala with emphasis on handling and packing stress in Puntius filamentosus(VALENCIENNES)

This thesis Entitled Resource abundance and survival of indigenous ornamental fishes of central kerala with emphasis on handling and packing stress in puntius filamentosus (valenciennes).Kerala state is endowed with 41 west flowing and three east flowing rivers originating in the Western Ghats. These rivers and their vast network of tributaries and distributaries harbour rich and diversified fish fauna. Most of the freshwater fishes available in Kerala are highly appreciated as ornamental fishes in the national and international markets.Today the ornamental fish industry is one of the largest industries all over the world. The demand for ornamental fishes has been increasing steadily with the enlargement of the industry, such that the current demand for indigenous ornamental fishes have exceeded the supply. This has led to serious concern about the resources available in the country that can be utilised judiciously for the economic benefit of the state. With an aim to fill up the lacuna, a database of freshwater ornamental fishes of Kerala was created as part of the present study. Ornamental fishes destined for export marketing should thrive well in the aquarium conditions.The study reiterates fishes caught from different environmental conditions and feeding habits have a greater ability to adapt and acclimatise to an entirely new environment and food habits. Marketing studies based on the statistics available with Marine Products Export Development Authority show that these species are not being exported at the required level over the past 6 years, when compared to the availability in the water bodies of Kerala. Sustainable utilisation of these resources from the wild using modern management principles and code of conduct for responsible fishing are advisable until captive breeding technology is popularised.

Combined toxic effects of oil and pesticides on selected marine invertebrates

In recent years, pollution in general and sea water pollution in particular, has become an important topic for national and international considerations. Because of its impact on society, marine pollution has attracted great attention from politicians, administrators, natural scientists and technologists all over the world. To save our environment from further deterioration, it is essential to have an assessment of this problem This thesis involves investigation of the lethal and sub lethal effects of four pesticides and two petroleum oil, individually and in combinations on two commercially important bivalves. Among the four pesticides used two are organophosphates and the other two are organochlorines. Synthetic Pesticides, especially organophosphates and organochlorines have become increasingly important additions to chemical wastes polluting natural aquatic Communities special attention is given in the present investigation to delineate the combined toxic effect of oil and pesticides. The results are presented under different sections to make the presentation meaningful.

Time and cost overruns of industrial projects in kerala

Poor project planning, implementation and control and the subsequent cost and time overruns are ubiquitous features that have been posing serious concern at all levels - state, national and international. It results in wastage of the nation's scarce resources and retards the socio-economic progress. Although several studies peripheral on project overruns have been made at the national level, no serious attempt has been made at the state level to identify the magnitude of overruns, their causes and impacts on industrial projects. The present study "Time and Cost Overruns of Industrial Projects in Kerala" is an earnest attempt to probe in depth the time and cost overruns and their impact on industrial projects. The study places emphasise on the identification of the real reasons behind the cost and time overruns. It also covers the present project management practices of industrial projects in Kerala.

“Documentary Credit Law : An Indian Perspective"

This is a study in international trade law. Documentary credits are the most common method of payment for goods in international trade. In India also these instruments are used both in national and international trade. The law governing these transactions remains haphazard. This study identifies the deficiencies in the regulatory framework for documentary credits in India. It primarily focuses on those areas which exhibits a lack of equality and justice in its operation. An attempt has also been made to identify the rights and duties of parties involved in the transaction. The reasons for the increase of fraudulent activities associated with the documents executed in the documentary credit transactions are also examined. How far the law in India is sufficient to ensure fair business practice in international trade financing is also examined. Methodology adopted for the study is analytical. The statutory provisions, rules and case laws under these provisions have been examined. An empirical study by personal interview with the bankers is also made to ascertain the practice of bankers in India.

Ecolabeling and Green Certification for Effective Fisheries Management – An Analysis

Nowadays there is a growing environmental concern and the business communities have slowly started recognising environmental protection and sustainable utilization of natural resources into their marketing strategies. This paper discusses the various Ecolabeling and Certification Systems developed world over to regulate and introduce Fair Trade in Ornamental Fish Industry. Ecolabeling and green certification are considered as part of these strategies implemented partly out of compulsion from the National and International Regulatory Bodies and Environmental Movements. All the major markets of ornamental fishes like European Union, USA and Japan have started putting restrictions on the trade to impose ecolabeling as a non tariff barrier like the one imposed on seafood and aqua cultured products. A review was done on the available Ecolabeling and Green Certification Schemes available at local, national and international levels for fisheries including aquaculture and ornamental fish trade and to examine the success and constraints faced by these schemes during its implementation. The primary downside of certification is the multiplicity of ecolabels and cost incurred by applicants for certification, costs which may in turn be passed on to consumers. The studies reveal serious inadequacies in a number of ecolabels and cast doubt on their overall contribution to effective fisheries management and sustainability. The paper also discusses the inititive taken in India to develop guidelines for Green Certification of Fresh water ornamental fishes.

Analytical Study of Typographical Errors in OPACS and Corrective Measures

The present study is an attempt to highlight the problem of typographical errors in OPACS. The errors made while typing catalogue entries as well as importing bibliographical records from other libraries exist unnoticed by librarians resulting the non-retrieval of available records and affecting the quality of OPACs. This paper follows previous research on the topic mainly by Jeffrey Beall and Terry Ballard. The word “management” was chosen from the list of likely to be misspelled words identified by previous research. It was found that the word is wrongly entered in several forms in local, national and international OPACs justifying the observations of Ballard that typos occur in almost everywhere. Though there are lots of corrective measures proposed and are in use, the study asserts the fact that human effort is needed to get rid of the problem. The paper is also an invitation to the library professionals and system designers to construct a strategy to solve the issue

Analytical Study of Typographical Errors in OPACS and Corrective Measures

The present study is an attempt to highlight the problem of typographical errors in OPACS. The errors made while typing catalogue entries as well as importing bibliographical records from other libraries exist unnoticed by librarians resulting the non-retrieval of available records and affecting the quality of OPACs. This paper follows previous research on the topic mainly by Jeffrey Beall and Terry Ballard. The word “management” was chosen from the list of likely to be misspelled words identified by previous research. It was found that the word is wrongly entered in several forms in local, national and international OPACs justifying the observations of Ballard that typos occur in almost everywhere. Though there are lots of corrective measures proposed and are in use, the study asserts the fact that human effort is needed to get rid of the problem. The paper is also an invitation to the library professionals and system designers to construct a strategy to solve the issue