Premium Essay

The Patent of Basmati Rice

In:

Submitted By joseey
Words 4498
Pages 18
BRIEF INTRODUCTION OF THE CASE STUDY
In late 1997, an American company RiceTec Inc, was granted a patent by the US patent office to call the aromatic rice variety developed in USA 'Basmati'. RiceTec Inc, had been trying to enter the international Basmati market with brands like 'Kasmati' and 'Texmati' described as Basmati-type rice with minimal success. Ultimately, the company claimed to have developed a new strain of aromatic rice by interbreeding basmati with another variety. They sought to call the allegedly new variety as Texmati or American Basmati.
This has grave repercussions for India and Pakistan because not only will India lose out US import market but also its position in crucial markets like the European Union, the United Kingdom, Middle East and West Asia. Also, the patent on Basmati is believed to be a violation of the fundamental fact that the long grains aromatic rice grown only in Punjab, Haryana, and Uttar Pradesh is called Basmati. “Patenting Basmati in the US is like snatching away India’s history and Culture” The issue of the Patent number 5663484 on Basmati rice lines and grains to RiceTec Inc on September 2, 1997 was objected to by India Government through its inter – ministerial group comprising of representative of the ministries and departments of commerce, industry, external affairs, Council for Scientific and Industrial research (CSIR), Agriculture, Bio – technology, All India rice Exporters Association (AIREA), APEDA, and Indian Council of Agricultural Research (ICAR) were mobilized to begin an in – depth examination of the case. A Delhi – based research foundation which monitors issues involving patents and biopiracy also objected to it.
The law firm representing India in the dispute, Sagar and Suri, criticized the procedures for granting patents in the US claiming it is diametrically opposite to the one followed in

Similar Documents

Free Essay

Marketing Strategy of Basmati Rice in Tunisian Market

...Marketing Assignment. KOHINOOR BASMATI RICE MARKET ENTRY STRATEGY FOR TUNISIAN MARKET. Submitted By: Samik Sarkar MIB 2nd Semester. KOHINOOR BASMATI RICE MARKET ENTRY STRATEGY FOR TUNISIAN MARKET. Choice of Market: Accelerating India's export growth to the Middle East and Africa (MEA) provides an opportunity to add 1-2 percentage points of GDP growth to our economy. India's exports to MEA went up seven times over the 2004 level to about $60 billion in 2010. This was significantly faster than India's overall exports, which went up about five times to $250 billion at the same time. The share of this region in India's total exports has gone up from about 18% to almost 25%. We still have barely scratched the surface of MEA's true potential. In years when retaining the 8%+ GDP growth is such a challenge, focusing on MEA exports makes a whole lot of sense. Currently, our exports to MEA are lopsided, with about half our exports going to a single country, the UAE. This fact seems odd, considering the UAE is one of the smallest countries in MEA in terms of population, till we understand that the UAE plays a role as a trade conduit to other countries in the region. However, it also shows the enormous potential we have if we market our products and services directly to these countries. In Middle East we have countries like Iran , Iraq and Sudan. Iran, which is one of the largest markets in the region, contributes a tiny $2 billion, or 3%, to our exports to the region. Iran has...

Words: 2277 - Pages: 10

Free Essay

Genetic Engineering

...of African Political Economy, 1998) the author, Wangari Mathai, concludes that transnational corporations should be restrained to patent seeds using genetic engineering biotechnology. She supports her argument with the following claims. Firstly she reasons that corporations gain private monopoly rights on the raw biological materials by confiscating human resources without prior consent. Subsequently, the development of alternatives to the patented material is deliberately blocked. Secondly, Mathai highlights patenting a reason for food insecurity among farmers due to un-reusability of patented seeds. The seeds developed by genetically engineered technology does not germinate after harvesting, thereby, forcing the poverty ridden farmers to purchase seeds every season from the corporation. I agree with Mathai to some extent; however I feel that some of her reasoning requires further elaboration to make her argument more convincing. In my opinion, the author has failed to highlight on the fact that there might be a possible loss of cultural value and traditional community knowledge with limited or no compensation. Patent monopolies on plant varieties threaten developing countries in three ways. First, by increasing prices so far that most citizens have zero access to these new developments; second, by blocking local production whenever the patent owner so chooses and lastly, by forbidding the farmers to continue breeding the seeds. However, the author has not provided enough...

Words: 882 - Pages: 4

Premium Essay

Intellectual

...FOREIGN TRADE UNIVERSITY HCMC ---------***-------- MIDTERM PROJECT SUBJECT: INTELLECTUAL PROPERTY RIGHTS Major: External Economics IP AND THE PROMOTION OF BIODIVERSITY AND TRADITIONAL KNOWLEDGE AND BENEFIT SHARING WITH PROVIDERS COMMUNITIES Class: K53CLC3 – Group 6 Lecturer: Pham Thi Mai Khanh Ho Chi Minh City, February 2016 I GROUP MEMBERS No 1 2 3 4 5 6 Name Khúc Thị Kiều Thương Phạm Mỹ Tiên Trương Thủy Tiên Nguyễn Hoàng Minh Trâm Lương Gia Vĩ Ngô Nhật Vy ID 1401025125 1401025128 1401025129 1401025133 1401025159 1401025162 II TABLE OF CONTENTS INTRODUCTION ............................................................................................................................. 1 A. BACKGROUND ........................................................................................................................... 2 I. Overview of Intellectual Property ............................................................................................... 2 II. Overvew of Biodiversity ............................................................................................................ 2 III. Overview of Traditional Knowledge ....................................................................................... 4 B. CURRENT SCENERIO ................................................................................................................. 5 I. Intellectual Property in Today World ..........................

Words: 6765 - Pages: 28

Premium Essay

English215

...The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments. The goal is to help producers of goods and services, exporters, and importers conduct their business.The WTO is an organization for trade opening. It is a forum for governments to negotiate trade agreements. It is a place for them to settle trade disputes. It operates a system of trade rules. Essentially, the WTO is a place where member governments try to sort out the trade problems they face with each other. The system’s overriding purpose is to help trade flow as freely as possible — so long as there are no undesirable side effects — because this is important for economic development and well-being. That partly means removing obstacles. It also means ensuring that individuals, companies and governments know what the trade rules are around the world, and giving them the confidence that there will be no sudden changes of policy. In other words, the rules have to be ‘transparent’ and predictable. The WTO is run by its member governments. All major decisions are made by the membership as a whole, either by ministers (who usually meet at least once every two years) or by their ambassadors or delegates (who meet regularly in Geneva).Trade negotiations- The WTO agreements cover goods, services and intellectual property...

Words: 1736 - Pages: 7

Premium Essay

Wto and Its Effect

...PART A ➢ GENERAL AGREEMENT ON TARIFFS AND TRADE The General Agreement on Tariffs and Trade (GATT), multilateral treaty between governments, was signed in 1947 and came into force on 1st January 1948. Objectives: The primary of GATT is to expand international trade by liberalizing trade so as to bring about all around economic prosperity. The Preamble to the GATT mentions the following as its important objectives: 1. Raising standard of living. 2. Ensuring full employment and a large and steadily growing volume of real income and effective demand. 3. Developing full use of resources of the world. 4. Expansion of production and international trade. For the realization of its objectives, GATT has adopted the following principles: 1. Non-discrimination: the principle of non-discrimination requires that no member country shall discriminate between the members of GATT in the conduct of international trade. To ensure non-discrimination the members of GATT agree to apply the principle of the most favoured nation (MFN) to all import and export duties. This means that each mission shall be treated as well as the most favoured nation. As far as quantitative restrictions are permitted they too are to be administered without favor. However certain expectations to this principle are allowed for instance GATT, does not prohibit economic integration such as free trade areas or customs union, provided the purpose of such integration...

Words: 8034 - Pages: 33

Premium Essay

Wto India

...Discussion Papers in Economics INDIA’S STANCE AT THE WTO: SHIFTING COORDINATES, UNALTERED PARADIGM Amit Shovon Ray* and Sabyasachi Saha January, 2009 Discussion Paper 09-06 Centre for International Trade and Development School of International Studies Jawaharlal Nehru University India * Corresponding author, e -mail: amit.shovon.ray@gmail.com INDIA’S STANCE AT THE WTO: SHIFTING COORDINATES, UNALTERED PARADIGM Amit Shovon RAY ∗ Jawaharlal Nehru University, India and Indian Council for Research on International Economic Relations (ICRIER), India Sabyasachi SAHA Indian Council for Research on International Economic Relations (ICRIER), India ∗ Corresponding author, e -mail: amit.shovon.ray@gmail.com INDIA’S STANCE AT THE WTO: SHIFTING COORDINATES, UNALTERED PARADIGM ♣ Abstract: India’s stance at the WTO has undergone a sea change since the beginning of the Uruguay Round. This paper attempts to trace the shifting coordinates of India’s position at the WTO. By focussing on three specific areas of negotiations, namely agriculture, services and TRIPS, the paper presents a theoretical analysis of how India’s stance at the WTO has evolved over time and whether it reflects any paradigm shift. In the light of international relations theory we argue that although the coordinates of India’s stance at the WTO have shifted over time, the underlying ‘neorealist’ position adopted by India remains by and large unaltered. I. Introduction The...

Words: 10634 - Pages: 43

Free Essay

Trips Agreement

...Trips Industrial designs geographical indications INTEGRATED circuits Undisclosed information ADV.MANISHA PANDYA ROLL NO.17 * BUSINESS LAW GROUP* LLM SEM II SUBMITTED TO PROF.TIWARI CONTENTS Chapter I * INTRODUCTION * GATT*WTO* TRIPS* * ------------------------------------------------- Implementation in developing countries Chapter II * What are intellectual property rights? * Geographical indication * Early agreements –History * Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) * ------------------------------------------------- Marketing * International trade * SECTION 3: GEOGRAPHICAL INDICATIONS Art. 22, 23, 24 Protection of Geographical Indications * Industrial design right * SECTION 4: INDUSTRIAL DESIGNS Article 25 * SEC 7: PROTECTION OF UNDISCLOSED INFORMATION   Article 3 Chapter III * CONCULSION BILOGRAPHY & WEBOLOGY Chapter I GATT * WTO * TRIPS* The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade. According to its preamble, its purpose was the "substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis." It was negotiated during the United Nations Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International Trade Organization (ITO). GATT was signed...

Words: 14655 - Pages: 59

Free Essay

Intellectual Property Rights

...Competition Law and Intellectual Property Rights with Special Reference to the TRIPS Agreement Research Paper for the Competition Commission of India February-March 2010 Eashan Ghosh V Year, B.A. LL.B. (Hons.) National Law School of India University, Bangalore TABLE OF CONTENTS §1 THE IPR AND COMPETITION LAW INTERFACE_____2 §2 TYPES OF RESTRAINTS_____3 §3 COMPETITION LAW REGULATION OF IPRs ACROSS JURSIDICTIONS_____4 §3.1 Europe_____4 §3.2 US_____4 §3.3 Other Jurisdictions_____5 §4 THE TRIPS AGREEMENT_____5 §4.1 Article 7_____6 §4.2 Article 8.2 _____7 §4.3 Article 40_____7 §4.4 Article 6_____10 §4.5 Article 31_____11 §5 WHAT STANCE SHOULD DEVELOPING COUNTRIES TAKE?_____12 §6 ADDRESSING THE IPR AND COMPETITION LAW INTERFACE IN INDIA_____14 §6.1 Through Domestic Legislation_____14 §6.2 At International Fora_____15 §7 ENDNOTES_____17 BIBLIOGRAPHY_____29 Primary Sources_____29 Secondary Sources_____32 1 §1 THE IPR AND COMPETITION LAW INTERFACE The simple hallmark of competition law is the protection of those principles and practices which enable the efficient functioning of markets.1 A natural concomitant to this objective is making certain that incumbent enterprises do not engage in anticompetitive practices to the detriment of the market.2 However, the application of competition law standards—in terms of practices that should be banned outright, viewed as potentially anticompetitive or should be investigated further—varies widely across jurisdictions.3 The interaction...

Words: 16676 - Pages: 67

Free Essay

International Business

...International Business- Dr. R. Chandran 1. International Business: Meaning And Scope Interdependency is a natural phenomenon; nations, living beings and companies cannot totally depend on themselves. It is the major driving force for international business. Learning value: This chapter covers the essential aspects, 1. 2. 3. 4. 5. Definition of international business Emergence of developing nations in international business Motives of international business from companies and nations Fundamental differences between Domestic and International business Few successful organizations in Domestic & International business International business: Meaning and Scope In the post independence era, more than half-century Indian entrepreneurs concentrated on domestic operations and a surplus production was exported. The physical movement of goods, called EXPORT cannot represent International business. International business is defined as “any commercial transaction-taking place across the boundary lines of a sovereign entity”. It may take place either between countries or companies or both. Private companies involve themselves in such transactions for revenue, profit and prosperity. If governments are involved, they need to maintain their image, dependency and economic growth. Sometimes economic ties are strengthened through such transactions. These transactions include investments, physical movements of goods and services, transfer of technology and manufacturing. Today every company...

Words: 70922 - Pages: 284

Premium Essay

This Research Paper Is an Outcome of a Detailed Study on the Title - Is Glass Ceiling Losing Its Relevance in 21st Century? the Research Is Based on the Secondary Data Published in the Internet and Other Printed Sources.

...SYLLABUS INDIAN BUSINESS ENIRONMENT MBA–2nd SEMESTER, M.D.U., ROHTAK External Marks : 70 Time : 3 hrs. Internal Marks : 30 UNIT-I Nature, components and determinatnts of business environment; basic nature of Indian economic system; relation size and growth of public and private corporate sector, social responsibility of business; broad features of India's now economic policy. UNIT-II Trend and pattern of industrial growth; review of industrial policy developments; industrial licensing policy; liberalisation of the private sector; trends and issues in corporate management; growth and problems of the small scale sector; public sector reforms and privatisation the problem of industrial sickness; MRTP Act, SICA and Industrial Disputes Act. UNIT-III Development banks for corporate Sector (IDBI, IFCI, ICICI) - trends pattern and policy; regulation of stock exchanges and the role of SEBI; banking sector reforms, challenges facing public sector banks; growth and changing structure of non bank financial institutions; problem of non performing assets in Indian Banks. UNIT-IV Trend and pattern of India's foreign trade and balance of payments; latest EXIM policy-main features; policy towards foreign direct investment; globalisation trends in Indian economy; role of MNC's; India's policy commitments to multilateral insitiutions - IMF, World Bank and WTO. NOTE : The question paper will be set by the external examiners. The external examiner will set 8 questions in all, selecting not more...

Words: 21473 - Pages: 86

Premium Essay

Casestudy

...SYLLABUS INDIAN BUSINESS ENIRONMENT MBA–2nd SEMESTER, M.D.U., ROHTAK External Marks : 70 Time : 3 hrs. Internal Marks : 30 UNIT-I Nature, components and determinatnts of business environment; basic nature of Indian economic system; relation size and growth of public and private corporate sector, social responsibility of business; broad features of India's now economic policy. UNIT-II Trend and pattern of industrial growth; review of industrial policy developments; industrial licensing policy; liberalisation of the private sector; trends and issues in corporate management; growth and problems of the small scale sector; public sector reforms and privatisation the problem of industrial sickness; MRTP Act, SICA and Industrial Disputes Act. UNIT-III Development banks for corporate Sector (IDBI, IFCI, ICICI) - trends pattern and policy; regulation of stock exchanges and the role of SEBI; banking sector reforms, challenges facing public sector banks; growth and changing structure of non bank financial institutions; problem of non performing assets in Indian Banks. UNIT-IV Trend and pattern of India's foreign trade and balance of payments; latest EXIM policy-main features; policy towards foreign direct investment; globalisation trends in Indian economy; role of MNC's; India's policy commitments to multilateral insitiutions - IMF, World Bank and WTO. NOTE : The question paper will be set by the external examiners. The external examiner will set 8 questions...

Words: 21473 - Pages: 86

Free Essay

Economic Sectors

...Twelfth Five Year Plan (2012–2017) Economic Sectors Volume II Copyright © Planning Commission (Government of India) 2013 All rights reserved. No part of this book may be reproduced or utilised in any form or by any means, electronic or mechanical, including photocopying, recording or by any information storage or retrieval system, without permission in writing from the publisher. First published in 2013 by SAGE Publications India Pvt Ltd B1/I-1 Mohan Cooperative Industrial Area Mathura Road, New Delhi 110 044, India www.sagepub.in SAGE Publications Inc 2455 Teller Road Thousand Oaks, California 91320, USA SAGE Publications Ltd 1 Oliver’s Yard, 55 City Road London EC1Y 1SP, United Kingdom SAGE Publications Asia-Pacific Pte Ltd 33 Pekin Street #02-01 Far East Square Singapore 048763 Published by Vivek Mehra for SAGE Publications India Pvt Ltd, Phototypeset in 11/13pt Minion Pro by RECTO Graphics, Delhi and printed at Saurabh Printers, New Delhi. Library of Congress Cataloging-in-Publication Data Available ISBN: 978-81-321-1131-3 (PB) The SAGE Team: Rudra Narayan, Archita Mandal, Rajib Chatterjee and Dally Verghese Twelfth Five Year Plan (2012–2017) Economic Sectors Volume II Planning Commission Government of India Thank you for choosing a SAGE product! If you have any comment, observation or feedback, I would like to personally hear from you. Please write to me at contactceo@sagepub.in —Vivek Mehra, Managing Director and CEO, SAGE Publications India Pvt...

Words: 131771 - Pages: 528

Free Essay

Current Affairs

...Inclusive Learning Guaranteed!!! (LIKE US ON FACEBOOK AND GET ALL IMPORTANT UPDATES) Category Wise Current Affairs from January 2015 to June 2015 1) Awards and Honours 2) Appointments 3) Banking and Finance 4) Indian Affairs 5) International Affairs 6) Science and Technology 7) Sports 8) Obituary Visit DayTodayGK.com for Current Affairs, General Knowledge, Current Affairs Quiz, Banking Quiz, Marketing Quiz, Science Quiz, English Quiz..etc 9) Important days observed from January to June THE MORE YOU VISIT THE MORE YOU SUCCEED All the Success for your upcoming Exams!!! Contact us at arunsathyan.day2daygk@gmail.com & prerikagupta.day2daygk@gmail.com (Feedbacks are Greatly Appreciated) Do It Now. Sometimes Later Becomes Never. Current Affairs Jan to June AWARDS AND HONOURS Name of the Award Business Person of the Year State Pre-Eminent Science and Technology Award 2015 Space Pioneer Award Award Winner Larry Page Yu Min – Nuclear Scientist ISRO’s Mars Orbiter Mission (MOM) Team Asian Tour’s Players Player of Anirban Lahiri the Year Ballon d’Or 2014 Award Cristiano Ronaldo Governor of the Year Raghuram Rajan National e-Governance Award Vyas Samman Award 2014 Jammu and Kashmir National Tiger Conservation Authority Award Vikram Sarabhai Memorial Award Sahitya Akademi Award Periyar Tiger Reserve NSC Award for Best Electoral Practices Social Media Person of the year 2015 Giraffe Hero Award Best Indian Language Website in India Hindu Literary Prize 2014 CV Anand Martin Luther...

Words: 30993 - Pages: 124

Premium Essay

Meaning, Characteristics and Types of a Company

...MEANING, CHARACTERISTICS AND TYPES OF A COMPANY INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii) Of the act states that “an existing company means a company formed and registered under any of the previous companies laws”. This definition does not reveal the distinctive characteristics of a company . According to Chief Justice Marshall of USA, “A company is a person, artificial, invisible, intangible, and existing only in the contemplation of the law. Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers...

Words: 114216 - Pages: 457

Premium Essay

Company Law

...LESSON : 1 MEANING, CHARACTERISTICS AND TYPES OF A COMPANY STRUCTURE 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.0 Objective Introduction Meaning of Company Characteristics of a Company Distinction between Company and Partnership Types of Company Summary Keywords Self Assessment Questions Suggested Readings OBJECTIVE After reading this lesson, you should be able to: (a) (b) (c) 1.1 Define a company and explain its features. Make a distribution between company and partnership firm. Explain the various types of companies. INTRODUCTION Industrial has revolution led to the emergence of large scale business organizations. These organization require big investments and the risk involved is very high. Limited resources and unlimited liability of partners are two important limitations of partnerships of partnerships in undertaking big business. Joint Stock Company form of business organization has become extremely popular as it provides a solution to (1) overcome the limitations of partnership business. The Multinational companies like Coca-Cola and, General Motors have their investors and customers spread throughout the world. The giant Indian Companies may include the names like Reliance, Talco Bajaj Auto, Infosys Technologies, Hindustan Lever Ltd., Ranbaxy Laboratories Ltd., and Larsen and Tubro etc. 1.2 MEANING OF COMPANY Section 3 (1) (i) of the Companies Act, 1956 defines a company as “a company formed and registered under this Act or an existing company”. Section 3(1) (ii)...

Words: 114302 - Pages: 458