ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

R V AnuradhaSubscribe to R V Anuradha

Substantive Patent Law Treaty

This paper analyses some of the provisions of a draft substantive patent law treaty (SPLT) that were considered in the Tenth Session of the Standing Committee on the Law of Patents, WIPO in 2004. A key question in this regard is whether or not the harmonisation of patent laws, through the adoption of the SPLT, marks a step towards introducing a TRIPS-plus regime in terms of the obligations of signatory countries. It finds that flexibilities currently available under TRIPS could be considerably eroded if patent harmonisation initiated under the WIPO Patent Agenda moves towards higher and stricter standards. Clear linkages between the TRIPS and SPLT negotiating processes have not been established at the multilateral or domestic level in developing countries and there is an urgent need for these nations to make their presence felt at the SPLT negotiations.

Mainstreaming Indigenous Knowledge-Developing Jeevani

The Tropical Botanical Garden and Research Institute in Kerala has successfully produced an anti stress drug from a local plant using the indigenous knowledge of the local tribals, the Kanis. In its attempts to share the benefits accruing from this development with the kanis, it has encountered numerous problems, THE Kani tribals are a traditionally nomadic community, who now lead a primarily settled life in the forests of the Agasthyamalai hills of the Western Ghats, in the Thiruvanantha- puram district of Kerala. The Tropical Botanical Garden and Research Institute (TBGRI), a centre for plant research is an autonomous institution for research and development set up by the government of Kerala, One of the major aims of the institute is to carry out botanical, chemical and pharmacological research for the development of scientifically validated and standardised herbal drugs.

Biodiversity, Intellectual Property Rights, and GATT Agreement-How to Address the Conflicts

and GATT Agreement How to Address the Conflicts? Ashish Kothari R V Anuradha This paper examines the impact of Intellectual Property Rights (IPR) on biodiversity in general and specifically on the objectives of the Convention on Biological Diversity (CBD). It also addresses the broader issue of the relationship between the GATT/WTO Agreement and the CBD. It then reflects on the choices available to ensure that the objectives of the CBD are not undermined.
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