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.

Export performancecof Indian spices in the WTO regime: a disaggregated analysis

Export has assumed an important place in the development of any country and considered as the engine of economic growth. India requires huge amount of foreign exchange for its essential import and for achieving rapid growth. Millions of job opportunities have to be created to utilise the youth for nation building. Even though the country has different sources of foreign exchange, export earning is the safe way of obtaining it in the long run. Export of high valued traditional products not only gives foreign exchange, but also employment to large number of people. Spices are the traditional products of India whose production process is highly intensive in semi and unskilled labour, and high domestic and foreign market prices compared to other traditional products. The new world trade scenario with the establishment of WTO has affected India’s spices export considerably. The study examines the export performance of Indian spices in the WTO regime taking the export of major spices from 1985 to 2013 using the growth of export, trend and instability in growth rate, changes in the composition and direction of spices, export performance ratio and the prospects of spices in earning foreign exchange during the WTO period and Pre-WTO period. The analysis reveals that the overall performance of Indian spices exports during the WTO regime are satisfactory. Export volume and value increased much during this period. But the decrease in market share of spices export during the WTO period reflects that, the favourable conditions in the international market are not exploited by India. High Revealed Comparative Advantage (RCA) and Value Elasticity (EV) of major spices amidst the low export shares shows that export performance of Indian spices during the WTO regime was not mainly affected by external demand factors as suggested by Ragnar Nurkse in his Demand Deficiency Thesis, but because of internal supply factors as suggested in Supply Deficiency Thesis, (supported by K.S Dhinsha, Dacosta, Goddamwar,etc.). But the fluctuations of export during the recession and prosperity periods show that external demand is also a determinant of Indian spices export. From this one can conclude that both the domestic supply factors and foreign demand factors influence the export performance of Indian spices. The long term performance of Indian spices exports are mainly influenced by domestic supply factors as suggested by Supply Deficiency Thesis and short term performance is mostly influenced by external demand factors as suggested by Demand Deficiency Thesis.