Intellectual Property Rights and the North-South Contest for Agricultural Germplasm: A Historical Perspective
This article examines intellectual property rights (IPR) regimes as they apply to agricultural germplasm in the context of global North-South relations. The issue is pertinent particularly since TRIPs (Trade-related Aspects of Intellectual Property Rights) became enshrined in the statutes of the World Trade Organization in 1994, institutionalizing the notion of ‘germplasm as property’ throughout the globe. Yet, the idea of ‘germplasm as property’ is a notion culturally specific to the global North historically. It is perhaps no surprise that many germplasm patents are being held on biological matter that originated in the South–in the Vavilovian ‘centers of diversity’. This paradox situates the contest over biodiversity resources in a world-historic context and undermines the declared reasons for germplasm IPRs. Besides, more than just a North-South conflict over resources, this episode features also a confrontation between competing worldviews of nature-human relations.
normative structure of Indonesian pharmacy trade secret law
This article aims to analyze the normative structure of Indonesia's trade secret protection law in the pharmaceutical sector. The analysis is carried out through two prisms: the different intellectual approaches to the judicial review law: the 'basic approach' and the 'legal approach.' Various trade secret crimes in the pharmaceutical sector, such as theft of prescription drugs and drug counterfeiting, continue to increase. We explore developments from both approaches and trace contemporary developments from the approach to law on trade secrets. We then reflect on how each response to two central legitimacy issues should provide legal protection for every owner of the trade secret in the pharmaceutical sector and the public who are victims or perpetrators of criminal trade secrets in the pharmaceutical sector.
Did the metamorphosis from Export Processing Zones to Special Economic Zones improve the efficiency of trade enclaves in India?
In this paper, the efficiency of seven conventional Special Economic Zones in India is analyzed, by adopting a stochastic production frontier technique, for the period between 1986–1987 and 2007–2008.Results indicate that although the efficiency scores of these enclaves have improved over the years, specifically with the introduction of the SEZ policy (2000–2001), it is far below the threshold level as identified in the literature. Besides, one can also observe a discrepancy emerging between better export earning zones and efficient zones. On the determinants side, policy intervention and large geographical area, accompanied by clustering of units, are found to have impacted the efficiency scores of these enclaves positively.