CONVENTION ON BIOLOGICAL DIVERSITY: ACCESS AND BENEFIT SHARING:
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (the Protocol) was concluded in October 2010 under the auspices of the Convention on Biological Diversity after many years of negotiations. This provides an international framework for establishing national regimes on Access and benefit sharing (ABS).
ICC played an active role coordinating business participation in the negotiations and continues to coordinate business input in the process of national implementation of the Protocol.
ROLE OF INTERNATIONAL REGULATIONS:
Both the diversity of traditional knowledge system on use of medicinal plants as
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The ‘Recommendations at the Multilateral Level’ of the Expert Meeting on Systems and National Experiences for Protecting Traditional Knowledge, Innovations and Practices, held in UNCTAD from 30 October to I November, 2000, noted that ‘exclusions from patentability of TK based products in one country, for instance, would not exclude others from granting it a patent’.
. In order to ensure that national level regimes for preventing bio-piracy and ensuring benefit sharing arrangements are effectively implemented and are not violated when use or commercialization of TK takes place outside the country, suggestions have been made by India in international fora under the aegis of CBD as well as WTO, that applications for patents should disclose the following:• The source of knowledge and biological material; and• an undertaking that the prevalent laws and practices of the country of origin have been fully respected.
INTERNATIONAL RECOGNITION OF NATIONAL LEVEL SYSTEMS FOR PROTECTION OF TK
. It is quite clear that the existing forms of intellectual property protection regimes do not adequately recognize the rights of TK holders. National level mechanisms and legal provisions to prevent bio-piracy
Critics have pointed a finger at the unethical use of intellectual property in the pharmaceutical industry claiming it is being used to set prices far above what those in third world countries can afford. Given that a good number of the raw material came from these regions, it is unethical to use intellectual property
Under TRIPS, a nation may decide to exclude pharmaceutical patents if it determines they are immoral.
It is intended both to provide thumbnail descriptions of the various intellectual property regimes to economists working in this area and to indicate where additional economic research might be useful. The other papers in this symposium provide important examples of ongoing research on the economics of intellectual property. Suzanne Scotchmer analyzes the complex effects of patent protection when innovation is cumulative. Rather than analyzing situations in which several firms vie to develop the same innovation-the approach of the "patent race" literature-her analysis examines circumstances in which only one firm can develop an initial innovation but others can also build upon it. She focuses on how the incentive to develop both the initial and subsequent inventions may be affected by the scope of patent protection. Janusz Ordover considers ways of adjusting the patent system that may help to both provide returns to the inventor, and encourage the diffusion of the innovation in the economy. His paper is part of a line of work that explores the place of the intellectual property system among the large number of institutions that affect the amount and nature of research and development that takes place. In the final paper, David
Genetics is a field of science that has long been studied, but researchers and scientists have discovered a new branch that changes the way genetics and evolution has been looked at before. Deepak Chopra and Rudolph E. Tanzi skillfully describe this new subject in their book Super Genes. The book includes information on the history and discoveries of epigenetics, the changes the readers can make to unlock and harness the power of their genes, and the research and experiments that prove the benefits of those changes. Ultimately, the purpose of Super Genes is to inform the readers that they can control their own genes, despite preceding understandings of biological destinies, by making favorable lifestyle choices that leans towards the state of optimum health and well being.
Innovation of research for diseases is a key part to their treatment, and Crichton and Calfee disagree whether patents barrier this research. When an item or idea is patented it means it's owned; therefore no one else can use it without the owner's permission. Michael Crichton discusses how patents are
In 1970 the government passed two new regulations that has effect on the pharmaceutical industry. “The India Patent Act prohibited
Genetic diversity can help a species survive. The greater the number of different alleles that all members of a species possess, the greater the genetic diversity of that species.
The second form of intellectual property that must be implemented is Patent. We must protect
The World Intellectual Property Organization (n.d.) helps one understand the importance of protecting intellectual property. They have spelled out several reasons of this importance including inventing new works in technology and culture, which allows progress to be made that, can be utilized worldwide. In addition, the legal protection of intellectual property encourages the commitment of additional resources for further modernization. Finally, promoting and protecting intellectual property encourages economic growth. It creates new jobs and industries. Protecting intellectual property also enhances the quality and
Online piracy is commonly referred to as a threat to businesses in the creative industries. The WTO Agreement on Trade-related Aspects of Intellectual Property Rights (a.k.a. “the TRIPS” agreement) defines piracy as:
Generally speaking, there are numerous issues related to genetic diversity which include mutations, sexual reproduction, migration, and population size.
A patent is an exclusive right granted for an invention, product or process that provides a new way of doing something, or that offers a new technical solution to a problem. An invention in general must fulfill certain criteria in order to be protected by a patent. For example, the Patents Act, 1970 in S. 2(1) (j) defines invention as a new product or process involving an inventive step and capable of industrial application. In other words, an invention in order to be patentable must show an element of novelty, must show “an inventive step”, and must be of practical use. Particularly, the Patents Act, 1970 defines “inventive step” as a feature of an invention that involves technical advance as compared to the existing knowledge or having economic significance or both and that makes the invention not obvious to a person skilled in the art. In other words, patent rights are not available for new advances that are merely obvious extensions or modifications of prior designs. Besides, the requirement of difference over prior art, there is a requirement to establish the extent of common general knowledge that exists while
Therefore, protection of patents is one of the key conditions necessary for further development of the pharmaceutical industry. At the same time, non-efficient legislation that does not provide the necessary level of patent protection is one of the factors that hamper expansion of “Big Pharmaceutical” companies to the developing countries8.
Technology has been getting more and more advanced meaning that scientists have access to more advanced equipment and can conduct more complicated experiments. Scientists have found ways of enhancing and changing the genetic makeup of organisms when they are forming making it possible to customize and choose different traits and features about an organism’s physical appearance. This is very useful for farmers as they can breed their animals to have a certain trait or characteristic. For example, a farmer may want a muscly cow so with today’s studies it is possible to collect the semen from their muscliest bull and choose the strongest sperm then artificially inseminate an egg from their muscliest cow to produce a muscly calf. They can then repeat this procedure once the calf grows up and eventually over a couple of generations of this they will end up with a very muscly cow. This is called artificial
Cipla should look to protect their patents on particular medications and explains why rules governing intellectual property rights in industrialized nations should not apply to poorer countries.