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Intellectual Property Rights and Biodiversity Management: The Case of India

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  • Philippe Cullet
  • Jawahar Raja

Abstract

This article analyzes the impacts of the international legal framework for the promotion of intellectual property rights on India's legal regime concerning the control over biological resources and inventions derived from biological resources. It focuses in particular on the newly adopted Biodiversity Act and Plant Variety Act as well as on amendments to the Patents Act and their organic relationship within the overall domestic legal framework. It analyzes these enactments in the context of the move towards the control of biological resources and derived products through property rights fostered by existing international treaties, in particular the TRIPS agreement and the biodiversity convention. This has impacts not only for control over biological resources and derived products but also more generally on the management of agriculture in India and other developing countries and the realization of food security and the human right to food at the individual level. Copyright (c) 2004 Massachusetts Institute of Technology.

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  • Philippe Cullet & Jawahar Raja, 2004. "Intellectual Property Rights and Biodiversity Management: The Case of India," Global Environmental Politics, MIT Press, vol. 4(1), pages 97-114, February.
    • Handle: RePEc:tpr:glenvp:v:4:y:2004:i:1:p:97-114
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    Cited by:

    1. Lushington, Kaye, 2012. "The Registration of Plant Varieties by Farmers in India: A Status Report," Review of Agrarian Studies, Foundation for Agrarian Studies, vol. 2(1), July.
    2. Ha Thi-Thu Le & Trang Thi-Dai Luong & Trang Thi Thu Nguyen & Duy Van Nguyen, 2023. "Determinants of Intellectual Property Rights Protection in Asian Developing Countries," Journal of the Knowledge Economy, Springer;Portland International Center for Management of Engineering and Technology (PICMET), vol. 14(4), pages 4780-4806, December.

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