Patents, IPR, Greed

& Agriculture

The Future of Hunger

Hemant Goswami

India n P a te nts Ac t 1 9 7 0

Section 3: Wha t a re no t inve ntio ns - The following are not inventions within the meaning of this Act, - (a) An invention which is frivolous or w hic h

c la im s a nything o b vio us c o ntra ry to w e ll e s ta b lis he d na tura l la w s ;

(b) An invention the primary or intended us e o f w hic h w o uld b e contrary to law or morality or injurio us to public he a lth;

(c) The mere discovery of a scientific principle o r the fo rm ula tio n o f a n a b s tra c t the o ry;

…………..and…….

India n P a te nts Ac t 1 9 7 0(d) T he m e re dis c o v e ry o f a ny ne w pro pe rty o r ne w us e for a known

substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

 (e) A s ub s ta nc e o bta ine d b y a m e re a dm ix ture resulting only in. the

aggregation of the properties of the components thereof or a process for producing such substance;

 (f) T he m e re a rra ng e m e nt o r re -a rra ng e m e nt o r duplic a tio n of known

devices each functioning independently of one another in a known way; (g) A method or process of testing applicable during the process of manufacture

for rendering the machine, apparatus or other equipment more efficient or for the improvement or restoration of the existing machine, apparatus or other equipment or for the improvement or control of manufacture;

 (h) A m e tho d o f a g ric ulture o r ho rt ic ulture ; (i) Any process for the medicinal, surgical, curative, prophylactic or other

treatment of human beings or any process for a s im ila r tre a tm e nt o f a nim a ls o r pla nts to re nde r the m fre e o f dis e a s e or to increase their economic value or that of their products.

Inte rna tio na l T re a tie s a nd C o nv e ntio ns

P a ris : Paris Convention for the Protection of Industrial Property, Paris, 07-07- 1884

P C T : Patent Cooperation Treaty, Washington, came into force 24-01-1978

B uda pe s t : Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, Budapest, came into force 19-08-1980

T R IP S : Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakech, came into force 01-01-1995

P L T : Patent Law Treaty, Geneva, came into force 28-04-2005

P a te nt T re a tie s a nd India ’s S ta nd

India F a ile d to pro te c t it ’s inte re s t

We lacked the foresight to understand the ramifications. We directly and indirectly agreed to laws/conditions absolutely counter-productive to our economy, agriculture and science

India ne ve r ha d a s ta nd! We w e nt b y m a nipula t io ns by the de ve lo pe d w o rld, pa rt ic ula rly U S A a nd the U S C o urts . We blindly a c c e pte d a ll w ha t w a s pus he d.

N e w L a w s – A ppa re ntly G o o d L e g is la t io ns

Hidde n C o nne c tio ns – P a tte rnsL e g a lis ing T he Ille g a l

Hidde n C o nne c tio ns – P a tte rnsL e g a lis ing T he Ille g a l

Wha t is N o t V is ib le

F a rm e rs R ig ht? ? ?

T he N e w S e e ds Ac tR e pla c ing S e e ds A c t o f 1 9 6 6

All ne w le g is la tive a c t a re a pla n to ro b the e c o lo g y a nd

the fa rm e r

Etc…

A g ric ulture a s in A rtic le 2 4 6 o f C o ns titutio n

L IS T II o f 7 th S c he dule[E xc lus ive S ta te L is t]

Ite m 1 4 : Agriculture, including agricultural education and research, protection against pests and prevention of plant diseases

P a te nts b y the G o ve rnm e nt

I.P .R . o n F o o d

What role IPR on Foods have to play in this? Is Indian IPR/Patents a Myth? Are our research

institutions being cheated? Commercial exploitation/ licensing of Indian IPR/

Patents is just 0.5% of the patents registered.

Who G a ins ? Who b e ne fits ?

N e w L e g is la t io n in the P a rlia m e nt

What is our Parliament trying to do?Who will gain out of our new legislation?The Seed Act, BRAI, etc.Why IP on Seeds, Subsidy on Fertilizers,

GM Crop, etc. the main focus of the Government?

Is the re a c o ns pira c y to c o ntro l hung e r?

C o ns titutio n o f India

V io la tio n o f Artic le 2 1

Safeguarding commercial interest (Read Greed) and IPR’s on Food and Agriculture is a definite violation of

C o nc e ntra tio n o f We a lth

India's total income tax assesses figure is a 3.5 crore taxpayers. Of

these,

o nly 8 5 ,0 0 0 people have a declared annual income of more than Rs 10 lakh

Wha t Drive s the E c o no m y

Only

1 % of people have ever invested in the

share market.Major share-holdings is concentrated in less than

0 .1 % of investors

A g ric ulture – Ho w V a lua b le fo r India

India work force consist of 52 croresOut of which 60% directly work in agriculture

[ Industry - 12% : services - 28% : unemployment 6.8%]Agriculture still remains the dominant sector

that employs almost two thirds of people unemployed. It has acquired 29.4 percent of India's GDP, employs over 67% of people and has occupied 43% of India's geographical area.

B ut S t ill

India ranks 65th out of 88 countries on the 2009

Global Hunger Index with worse under-nutrition rates

than nearly 25 Sub-Saharan African countries.

How did we reach here?

T he n Why?

T he n w hy w e a re tre a ting o ur g re a te s t w o rkfo rc e like this ?

Is the re a n a g e nda ? Is the re a c o ns pira c y?

Wha t’s the P ro b le m ?

Is State responsible for it?

Is this the biggest human rights issue of all times?

Who all are behind this?

F ro m Whe re the Mo ne y C o m e s

Whe re Y o ur Mo ne y G o e s

B udg e t L a yo ut

F e rtilize rs T a rg e tB udg e t : 2 0 1 0 -2 0 1 1

With a ll the s e s ub s idie s ho w o ur a g ric ulture is do ing ?

T he N e w s is no t g o o d

B ut F e rtilize rs

Whe re a re w e s pe nding ?

Whe re a re w e g o ing ?

Indic a to rs

B ut the R e a lity

While Food Production increased 4/5 times; Chemical Fertilizers increased

nearly 100 folds. Subsidy bill also increased by the same rate

T his is theB ig g e s t S c a m o f A ll

T im e s

B ig g e s t V io la t io n o f Hum a n R ig hts o f All

T im e s

T ha nk Y o u

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