Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while ...
More
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives—be it through medicines, music, movies, books, food, yoga, or the Internet—but have never been narrated to a larger audience. This book unravels the development of India’s IP law and policy in modern times, in a form and style designed for the general reader. The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book’s unique focus is on the politics and history of Indian IP, rather than the black letter of the law.Less
In 1947, a newly independent India was saddled with a host of intellectual property (IP) laws left behind by the British. In the following decades, India broke away from colonial IP legacies, while navigating international treaty negotiations in the light of its redefined national interests. These changes affected ordinary lives—be it through medicines, music, movies, books, food, yoga, or the Internet—but have never been narrated to a larger audience. This book unravels the development of India’s IP law and policy in modern times, in a form and style designed for the general reader. The chapters in the book centre on different industries and sectors, such as pharmaceuticals, book publishing, cinema, music, the Internet, food, yoga, and traditional knowledge. Each chapter features a lively narrative that has been constructed from various sources, including parliamentary debates, expert reports, interviews, archival research, and case law. The book’s unique focus is on the politics and history of Indian IP, rather than the black letter of the law.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter discusses the Indian government’s several unsuccessful attempts to protect the uniqueness of basmati rice by registering it as a geographical indication. The taste and success of basmati ...
More
This chapter discusses the Indian government’s several unsuccessful attempts to protect the uniqueness of basmati rice by registering it as a geographical indication. The taste and success of basmati is a credit to the generations of farmers who have skilfully bred their respective varieties of basmati, only to face stiff competition from government-sanctioned hybrids such as Pusa basmati, and government-sanctioned efforts to widen the definition of basmati. More worryingly, the Government of India has virtually ‘nationalized’ the basmati GI by allowing its own agencies to seek ownership of the GI, rather than empower the community of farmers, millers, and traders who have developed the basmati brand.Less
This chapter discusses the Indian government’s several unsuccessful attempts to protect the uniqueness of basmati rice by registering it as a geographical indication. The taste and success of basmati is a credit to the generations of farmers who have skilfully bred their respective varieties of basmati, only to face stiff competition from government-sanctioned hybrids such as Pusa basmati, and government-sanctioned efforts to widen the definition of basmati. More worryingly, the Government of India has virtually ‘nationalized’ the basmati GI by allowing its own agencies to seek ownership of the GI, rather than empower the community of farmers, millers, and traders who have developed the basmati brand.
Prashant Reddy T. and Sumathi Chandrashekaran
- Published in print:
- 2017
- Published Online:
- March 2017
- ISBN:
- 9780199470662
- eISBN:
- 9780199088850
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199470662.003.0009
- Subject:
- Law, Intellectual Property, IT, and Media Law
This chapter critiques three particular patents cases in the US and EU that were filed in the 1990s by Indian NGOs and the Indian government. The three patents in question were related to neem, ...
More
This chapter critiques three particular patents cases in the US and EU that were filed in the 1990s by Indian NGOs and the Indian government. The three patents in question were related to neem, turmeric, and basmati. All three cases caused outrage in India because of the perception that the West was ‘stealing’ traditional knowledge from India. This chapter explains the rhetoric and misinformation surrounding all three cases and explores how the media and the government dealt with these issues at a time when awareness about patent law in India was low. These three cases were followed by the Traditional Knowledge Digital Library (TKDL). This chapter explores and critiques the rationale for the TKDL and its efficacy in achieving its stated goals.Less
This chapter critiques three particular patents cases in the US and EU that were filed in the 1990s by Indian NGOs and the Indian government. The three patents in question were related to neem, turmeric, and basmati. All three cases caused outrage in India because of the perception that the West was ‘stealing’ traditional knowledge from India. This chapter explains the rhetoric and misinformation surrounding all three cases and explores how the media and the government dealt with these issues at a time when awareness about patent law in India was low. These three cases were followed by the Traditional Knowledge Digital Library (TKDL). This chapter explores and critiques the rationale for the TKDL and its efficacy in achieving its stated goals.
