reviewed in

Business Line
(20 August 2005)

The Hindu
(24 January 2006)

A translation of this book in Hindi has been published by Vani Prakashan [read more]

books

INTELLECTUAL PROPERTY PROTECTION AND SUSTAINABLE DEVELOPMENT

This book provides an in-depth analysis of the links between intellectual property rights and sustainable development, two areas of the law that have until recently been largely considered in isolation. However, recent developments indicate that there are an increasing number of links between intellectual property protection and sustainable development which need to be addressed. This book examines some of the issues arising at the international level where a number of important legal instruments have been
adopted in recent years. It also examines in detail the process of implementation in India. This book focuses to a large extent on the patents system and examines in detail issues related to the use of plant genetic resources and biodiversity. It examines some of the impacts of the existing intellectual property rights regime on sustainable development. It also examines some of the challenges linked to the extension of intellectual property rights to new areas such as life patents and plant variety protection. Further, it analyses issues related to the protection of knowledge excluded from the existing intellectual property regime such as traditional knowledge. This book also examines some of the broader issues related to the links between intellectual property and sustainable development. In particular, it analyses the relevance of the concept of differential treatment in intellectual property rights agreements and analyses the links between human rights and intellectual property protection.

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Table of Contents

Introduction

I: FROM INTELLECTUAL Property PRotection to Sustainable Development

A. Intellectual Property Rights as a Form of Property Rights
B. Patents
C. Control over Intangible and Tangible Assets
D. Sustainable Development and Intellectual Property Rights

II: International and National Intellectual Property Protection Frameworks

A. International Institutional and Legal Framework
B. Patent Law in India
C. Compulsory Licensing: From the South African Case to the WTO General Council Decision

III: Sustainable Development Law and Intellectual Property Protection

A. Biodiversity
B. Agriculture

IV: From Differential Treatment to Unilateral Measures

A. Differential Treatment and Sustainable Intellectual Property Protection
B. Unilateral Measures and Bilateral Treaties
C. Relationship Between Treaties

V: Access and benefit sharing

A. Access to Genetic Resources and to Traditional Knowledge
B. Benefit Sharing
C. Access and Benefit Sharing Regimes
D. Access, Benefit Sharing and Intellectual Property Rights

VI: Genetic Engineering, Food Security and Intellectual Property Rights

A. Plant Variety Management
B. Food Security and Intellectual Property Protection
C. From Sharing to Appropriating Agriculture-related Knowledge in Developing Countries

VII: Life Patents, Plants breeders’ rights and Farmers’ Rights

A. Patents on Life Forms and Agriculture
B. Plant Breeders’ Rights
C. Farmers’ rights

VIII: Sui generis Plant Variety Protection

A. Sui generis Plant Variety Protection
B. Beyond Existing Legal Frameworks
C. National Legal Framework for Plant Variety Protection

IX: Traditional Knowledge Protection

A. Context
B. Existing International Protection and Proposed Initiatives Concerning Traditional Knowledge
C. Impacts of Intellectual Property Protection on Traditional Knowledge
D. Towards Traditional Knowledge Protection

X: Further Options for Traditional Knowledge Protection

A. Use and Adaptation of Existing Intellectual Property Rights for Traditional Knowledge Protection
B. Exploring Avenues for the Sui Generis Protection of Traditional Knowledge
C. Traditional knowledge protection in broader perspective

XI: Biosafety and liability

A. Biosafety in Biotechnology
B. Liability and Biosafety
C. Liability and Intellectual Property Protection
D. Biosafety, Intellectual Property Rights and Sustainable Development

XII: Human Rights Aspects

A. Intellectual Property Protection and the Realisation of Human Rights
B. Intellectual Property Protection as a Human Right

Conclusions