http://nopr.niscpr.res.in/handle/123456789/19455 2026-10-10T22:21:25Z 2026-10-10T22:21:25Z Vasudeva, P K http://nopr.niscpr.res.in/handle/123456789/19474 2016-07-20T04:29:45Z 2001-07-01T00:00:00Z

Title: Implications of WTO on Agriculture* Authors: Vasudeva, P K Abstract: The Agreement on Agriculture (AoA) drawn up when the World Trade Organization came into force six years ago in 1 January 1995 is inequitable and heavily loaded in favour of developed countries. Though the developing countries expected to gain handsomely from the multilateral trade agreement in agricultural products, they have hardly anything to cheer about. The government should, in the next Ministerial Conference in Doha impress upon the developed countries the need to rewrite certain clauses of the AoA to make it fair and non-discriminatory which is the spirit of WTO. The three Bills - the Indian Patents Act, 1970 (Second Amendment) Bill 1999, Protection of Plant Varieties and Farmers' Rights Bill 2000, and Biological Diversity Bill 2000- which are with the Joint Members of the Parliament for their suitable recommendations in conformation to TRIPS Agreement should be passed as early as possible so that we do not fall behind in the competition with the rest of the countries. As it is, the foreign countrymen are depriving us of our bio-wealth by patenting our rich biodiversity. Page(s): 301-311

2001-07-01T00:00:00Z Banerjee, Parthasarathi http://nopr.niscpr.res.in/handle/123456789/19473 2016-07-20T04:29:06Z 2001-07-01T00:00:00Z

Title: A Possible Indian Response to Software and Business Method Patenting Authors: Banerjee, Parthasarathi Abstract: US courts have granted patents in software, internet-based business and on business methods. Such grants have serious consequences on both Indian and global business, and on the current potential and future status of competition and inventions. Often the courts or the patent offices overlooked existence of prior arts, or else granted patents with such very wide scope as would surely curb inventive and competitive activities. Issuance of IPR in these areas appears to be clearly headed for a new industrial organization and for a thorough dismantling of current industrial organization. In view of this, interested agents from India including its software companies, its patent office and its government must initiate representation to the USPTO on the existence of prior arts, to the US courts on the injuries to inventiveness and to competition that such grants might bring. The introduction of a jury system with both patent office and the courts are suggested where the competitors to a claimed patent can be represented. Indian government must also bring these issues to the TRIPS rounds and to the WIPO. A jury system and a harmonized examination system should be part of the new negotiations at the TRIPS. Page(s): 292-300

2001-07-01T00:00:00Z Krishna, G A Prakash, V http://nopr.niscpr.res.in/handle/123456789/19472 2016-07-20T04:28:12Z 2001-07-01T00:00:00Z

Title: Functional Foods — The IPR Angle Authors: Krishna, G A; Prakash, V Abstract: As the health and safety aspects of foods become very important, the importance of functional food is reaching to higher heights. The functional food even though appears to be of recent origin, has history and origin of some of the active ingredients being present in traditional, ethnic and in conventional food in different countries. This raises a very important question from IPR angle of how one can on the one hand protect the traditional knowledge and on the other hand give credit to innovators who show the functional attributes of a food by isolating a biomolecule. It is this aspect that requires an analysis in terms of the source of such functional food and additives, the guidelines on health claims and the need to correlate the end result of claimed functionality through the technological intervention especially from a commercial angle of the functional food in this competitive market. The article addresses these issues from various angles. Page(s): 286-291

2001-07-01T00:00:00Z Gupta, V K http://nopr.niscpr.res.in/handle/123456789/19471 2016-07-20T04:27:43Z 2001-07-01T00:00:00Z

Title: Managing Software Protection Authors: Gupta, V K Abstract: The software firms and R&D organizations need a strategy for software protection. This paper discusses some of the issues with regard to software patenting, copyright, and trade secrets. Elaborates an approach to establish software piracy. It considers the ways and means to manage software protection and highlights critical aspects that need to be addressed including the need to develop understanding of the legal means of protection of software, reading and writing of patents, deposit requirements in copyright, and avoiding divulgence of confidential information, i.e. maintaining internal secrecy among the employee. Page(s): 277-285

2001-07-01T00:00:00Z