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

Studies on Copepod Parasites on Elasmobranchs of Kerala Coast

The present study of the parasitic copepods gives the taxonomic description of thirty one species of parasites collected from various elasmobranch fishes of Kerala coast. Copepods parasitic on fishes include three sub orders, viz. poecilostomatoida, cyclopoida and siphonostomatoida. Parasitic copepods of elasmobranch fishes for the present study were collected from different fish landing centres of Kerala and by undertaking regular fishing trips. The collected parasites are identified to the species level and described. It is found that out of thirty one species, fifteen are new to science. They belong to the genera viz. Nothobomolochus Vervoot, 1962, Caligus Muller, 1785, Alebion, Kroyer, 1863, Gloipotes Steenstrup and Lutken, 1861, Pandarus Leach,1819, Perissopus Steenstrup and Lutken, 1861, Echthrogaleus Steenstrup and Lutken, 1861 and Kroyeria van Beneden, 1853. Fifteen new host records were reported. Two genera viz. Echthrogaleus and Entepherus were reported for first time from Indian waters. A new genus called Penicillus was erected. The general observations made during this study revealed certain interesting aspects of host-parasite relationship, host specificity, site specificity, adaptive modifications and geographical distribution.

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.

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.

Post Environmental Evaluation of the Rajjaprabha Dam in Thailand

This thesis Entitled Post-Environmental Evaluation of The Rajjaprabha Dam In Thailand. This post evaluation of environmental consequences of Rajjaprabha dam IS conducted ten years after its commencement. The Rajjaprabha dam project was planned and implemented as a multipurpose project, mainly for hydropower production, flood protection, fisheries, recreation and irrigation. The project includes the dam and reservoir with a 240 MW hydropower plant located about 90 km upstream from Surat Thani province, and irrigation systems covering the coastal plain in Surat Thani. The upstream storage reservoir (with about 5,639 mcm storage) and the hydropower plant had already been implemented. The first phase of irrigation system covers an area of 23,100 hectares. The second phase is envisaged to cover about 50,000 hectares. This study was conducted with the following objectives: (I) to assess all existing environmental resources and their values with the help of input-output analysis (2) to findout the beneficial impacts of the project (3) to evaluate the actual positive effects vis-a-vis the estimated effects before the project was implemented and (4) to identify all significant changes in relatives to the impacts previously assessed. The study area includes the Phum Duang river basin of about 4,668 km2 (placed on the areas that are upstream and downstream to the damsite), The duration of study is limited to 10 years after the dam has become operational i.e. from 1987-1997. The results of the study reveal that there is no significant changes in climatic and ground water resources, with respect to the study area inspte of the fact that the physical and chemical properties of the soil have slightly changed. Sedimentation in the reservoir does not have much effect on the function of the dam.

An assessment of potential public health risk associated with the extended survival of indicator and pathogenic bacteria in freshwater lake sediments

Microcosm studies were performed to evaluate the survival of Escherichia coli, Salmonella paratyphi and Vibrio parahaemolyticus in water and sediment collected from the freshwater region of Vembanad Lake (9 35◦N 76 25◦E) along the south west coast of India. All three test microorganisms showed significantly (p < 0.01) higher survival in sediment compared to overlying water. The survival in different sediment types with different particle size and organic carbon content revealed that sediment with small particle size and high organic carbon content could enhance their extended survival (p < 0.05). The results indicate that sediments of the Lake could act as a reservoir of pathogenic bacteria and exhibit a potential health hazard from possible resuspension and subsequent ingestion during recreational activities. Therefore, the assessment of bacterial concentration in freshwater Lake sediments used for contact and non contact recreation has of considerable significance for the proper assessment of microbial pollution of the overlying water, and for the management and protection of related health risk at specific recreational sites. Besides, assessment of the bacterial concentration in sediments can be used as a relatively stable indicator of long term mean bacterial concentration in the water column above

Potential Exposure Risk Associated with the High Prevalence and Survival of Indicator and Pathogenic Bacteria in the Sediment of Vembanadu Lake, India

Prevalence of faecal coliform bacteria and the survival of Escherichia coli, Vibrio parahaemolyticus and Salmonella paratyphi were studied in the water and sediment from Vembanadu Lake in the presence and absence of protozoan predators. The density of faecal coliform bacteria ranged between mean MPN value 5080–9000/100 ml in water and 110,000–988,000/1 g in sediment (p <0.01), which was 110 times greater than in overlying water. The laboratory microcosm studies revealed that E. coli, V. parahaemolyticus and S. paratyphi showed significantly higher survival (p <0.05) potential in sediment than in overlying water both in the presence and absence of protozoan predators. The results indicate that Vembanadu Lake sediment constitutes a reservoir of pathogenic bacteria and exhibits potential health hazard from possible resuspension and subsequent ingestion during recreational activities. Therefore, assessment of bacterial concentration in freshwater lake sediments used for contact and non-contact recreation is of considerable significance for the proper assessment of microbial pollution of the overlying water and the management and protection of related health risk at specific recreational sites. In addition, assessment of the bacterial concentration in sediments can be used as a relatively stable indicator of long-term mean bacterial concentration in the water column above.

Fishery and biology of deep-sea chondrichthyans off the southwest coast of india

Elasmobranchs comprising sharks, skates and rays have traditionally formed an important fishery along the Indian coast. Since 2000, Indian shark fishermen are shifting their fishing operations to deeper/oceanic waters by conducting multi-day fishing trips, which has resulted in considerable changes in the species composition of the landings vis- a-vis those reported during the 1980’s and 1990’s. A case study at Cochin Fisheries Harbour (CFH), southwest coast of India during 2008-09 indicated that besides the existing gillnet–cum- hooks & line and longline fishery for sharks, a targeted fishery at depths >300-1000 m for gulper sharks (Centrophorus spp.) has emerged. In 2008, the chondrichthyan landings (excluding batoids) were mainly constituted by offshore and deep-sea species such as Alopias superciliosus (24.2%), Carcharhinus limbatus (21.1%), Echinorhinus brucus (8.2%), Galeocerdo cuvier (5.4%), Centrophorus spp. (7.3%) and Neoharriotta pinnata (4.2%) while the contribution by the coastal species such as Sphyrna lewini (14.8%), Carcharhinus sorrah (1.4%) and other Carcharhinus spp. has reduced. Several deep-sea sharks previously not recorded in the landings at Cochin were also observed during 2008-09. It includes Hexanchus griseus, Deania profundorum, Zameus squamulosus and Pygmy false catshark (undescribed) which have been reported for the first time from Indian waters. Life history characteristics of the major fished species are discussed in relation to the fishery and its possible impacts on the resource

Molecular Epidemiology of Escherichia coli isolates from Environmental, Food and Clinical Sources

In the present study diversity of E. coli in the water samples of Cochin estuary were studied for a period of 3 years ranging from January 2010- December 2012. The stations were selected based on the closeness to satellite townships and waste input. Two of the stations (Chitoor and Thevara) were fixed upstream, two in the central part of the estuary namely Bolgatty and Off Marine Science Jetty, and one at the Barmouth. Diversity was assessed in terms of serotypes, phylogenetic groups and genotypes. Two groups of seafood samples such as fish and shellfish collected from the Cochin estuary were used for isolation of E. coli. One hundred clinical E. coli isolates were collected from one public health centre, one hospital and five medical labs in and around Cochin City, Kerala. From our results it was clear that pathogen cycling is occurring through food, water and clinical sources. Pathogen cycling through food is very common and fish and shellfish that harbour these strains might pose potential health risk to consumer. Estuarine environment is a melting pot for various kinds of wastes, both organic and inorganic. Mixing up of waste water from various sources such as domestic, industries, hospitals and sewage released into these water bodies resulting in the co-existence of E. coli from various sources thus offering a conducive environment for horizontal gene transfer. Opportunistic pathogens might acquire genes for drug resistance and virulence turning them to potential pathogens. Prevalence of ExPEC in the Cochin estuary, pose threat to people who use this water for fishing and recreation. Food chain also plays an important role in the transit of virulence genes from the environments to the human. Antibiotic resistant E. coli are widespread in estuarine water, seafood and clinical samples, for reasons well known such as indiscriminate use of antibiotics in animal production systems, aquaculture and human medicine. Since the waste water from these sources entering the estuary provides selection pressure to drug resistant mutants in the environment. It is high time that the authorities concerned should put systems in place for monitoring and enforcement to curb such activities. Microbial contamination can limit people’s enjoyment of coastal waters for contact recreation or shellfish-gathering. E. coli can make people sick if they are present in high levels in water used for contact recreation or shellfish gathering. When feeding, shellfish can filter large volumes of seawater, so any microorganisms present in the water become accumulated and concentrated in the shellfish flesh. If E. coli contaminated shellfish are consumed the impact to human health includes gastroenteritis, urinary tract infections (UTIs), and bacteraemia. In conclusion, the high prevalence of various pathogenic serotypes and phylogenetic groups, multidrug-resistance, and virulence factor genes detected among E. coli isolates from stations close to Cochin city is a matter of concern, since there is a large reservoir of antibiotic resistance genes and virulence traits within the community, and that the resistance genes and plasmid-encoded genes for virulence were easily transferable to other strains. Given the severity of the clinical manifestations of the disease in humans and the inability and/or the potential risks of antibiotic administration for treatment, it appears that the most direct and effective measure towards prevention of STEC and ExPEC infections in humans and ensuring public health may be considered as a priority.