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.

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