Protecting Farmers' Rights Under the Intellectual Property Law Regime PDF Download

Author: Shivani Chopra
Publisher: Library and Archives Canada = Bibliothèque et Archives Canada
ISBN: 9780494008331
Category :
Languages : en
Pages : 206

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Author: Laurence R. Helfer
Publisher: Food & Agriculture Org.
ISBN: 9789251052228
Category : Law
Languages : en
Pages : 120

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Book Description
The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.

Author: Michael Blakeney
Publisher: CABI
ISBN: 1845935608
Category : Social Science
Languages : en
Pages : 280

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Book Description
This book examines the contribution which intellectual property rights can make in the struggle for food security in developing countries. The book consists of 11 chapters. Chapter 1 locates intellectual property rights within the armoury of food security policies. Chapter 2 deals with definitional issues and examines the role of intellectual property rights in incentivizing agricultural research and development. Chapter 3 examines the international landscape of intellectual property and the approaches taken to the relationship between intellectual property rights, agricultural biotechnology, access to biological resources, food security and globalization which are taken by the WTO, FAO, CBD and WIPO among the various international and development agencies. Plant variety rights (PVRs) are a specially created form of intellectual property right originally minted to encourage agricultural innovation and Chapter 4 examines the effectiveness of PVRs in a food security context. Agricultural innovation is in part dependent upon access of researchers to the genetic resources of the biodiverse countries of the South. Chapter 5 considers the attempts to construct an international regime to secure this access. The important role of traditional farmers in preserving landraces and cultivars from which improvements can be derived has generated for a call for the recognition of farmers' rights, and this is examined in Chapter 6 together with agitation for the protection of the traditional knowledge which often informs access to the useful genetic resources. Chapter 7 examines the intellectual property implications of the use of genetically modified (GM) crops as a technological solution to food insecurity. The protection of GM crops is achieved through patent protection and Chapter 9 looks at the competition law implications of patent licensing, patent pools and patent thickets. An old intellectual property device that underpinned the commercial development of European agricultural marketing is the geographical indication, and Chapter 8 examines the contribution it might make to achieving food security. Returning to the theme of the role of intellectual property law in incentivizing innovation, Chapter 10 examines its role in promoting agricultural research. The concluding chapter proposes a number of recommendations for action in deploying intellectual property law in the struggle for food security.

Author: Chandan Roy
Publisher: CRC Press
ISBN: 1351125265
Category : Science
Languages : en
Pages : 212

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Book Description
This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.

Author: Showkat Hussain
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Ever since the homo-sapiens began to use land for creating means of sustenance like food, clothing and shelter, the importance of land as a crucial input in the development of human civilization was realized. Besides, the settlement of people, after nomadic life, also brought into focus the relevance of agricultural land for their survival and development. With the passage of time, the position of the farmer became most vulnerable and pitiable which needed protection at the societal level through the instrument of law. After the Second World War, with the growth of international trade, many new doctrines and concepts were evolved and propagated. Among these, the concept of Intellectual Property, though evolved in the 19th century, witnessed increased recognition and acceptance in the global community. One of the aspects of the Intellectual Property Rights (IPRs) was the protection of breeders' rights. The plant breeders were given protection and many international conventions were convened for this purpose. The International Undertaking on Plant Genetic Resources (IU), the Convention on Biological Diversity, TRIPs Agreement and International Treaty on Plant Genetic Resources for Food and Agriculture, 2001 are four important international conventions that are relevant to the construction of ownership and control of plant genetic resources in global debates on plant variety protection. After according protection to plant breeders, it was soon realized that the rights of the breeders were in conflict with those of farmers. As a result, the concept of farmer's rights was put forth both at international and national levels.

Author: Graham Dutfield
Publisher: Earthscan
ISBN: 1849776237
Category : Law
Languages : en
Pages : 240

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Book Description
This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.

Author: Dan Leskien
Publisher: Bioversity International
ISBN: 9290433299
Category : Germplasm resources, Plant
Languages : en
Pages : 84

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Book Description

Author: Sophy K. Joseph
Publisher: Oxford University Press
ISBN: 0190990473
Category : Law
Languages : en
Pages : 368

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Book Description
The Protection of Plant Varieties and Farmer’s Rights Act, 2001, promises to balance the intellectual property rights of plant breeders and farmers under one umbrella legislation. However, there remain several grey areas and the rights of farmers, in reality, are still tenuous. Though the rights framework was foregrounded on an understanding between non-governmental organizations and industry, there is lack of clarity at both conceptual and procedural levels. In this context, Sophy K. Joseph analyses the impact of legal policy reforms during the ongoing Second Green Revolution on farmers’ customary rights and livelihood. The author discusses how the extension of private property rights to plant varieties, seeds, and other agrarian resources changed the demographic composition of the rural space, with increased migration of cultivators to the cities. The book argues that the transition from state interventionism (during the First Green Revolution) to state abstention (in the Second Green Revolution) has dramatically influenced India’s conventional agrarian practices and traditions. This work maps the evolutionary process of neoliberal economic and legal policies and its interference with primary concerns such as food security, food sovereignty, and agrarian self-reliance of the country.

Author: Uma J. Lele
Publisher: World Bank Publications
ISBN: 9780821344965
Category : Technology & Engineering
Languages : en
Pages : 112

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Book Description
Intellectual property rights, agriculture, and the worl bank; Perspectives from international agricultural research centers; Perspectives from industry; Perspectives from national systems and universities; A model for international owned goods; Summary and implications for the world bank.

Author: Digvijay Singh (Assistant professor of law)
Publisher:
ISBN: 9789387839021
Category : Biodiversity conservation
Languages : en
Pages : 344

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Book Description