LIJDLR

Intellectual Property Rights.

SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997)

Volume III Issue II /

SAFEGUARDING HERITAGE: BASMATI RICE DISPUTE (INDIA V. RICETEC INC. 1997) Pavithra. K, 5th semester, BBA LLB (Hons.), School of Legal Studies, CUSAT Download Manuscript doi.org/10.70183/lijdlr.2025.v03.62 A legal battle over intellectual property between two countries that shook the whole global market stands as a cornerstone in the evolution of intellectual property law in India. The Basmati Rice Dispute (India v. RiceTec Inc., 1997) became an influential case that pressed for the protection of traditional knowledge and geographical indications, setting a legal precedent. India’s rich biodiversity has served as a magnet, attracting foreign countries. Since time immemorial, rice has been a staple food in most Asian countries, with India being a major exporter of Basmati rice. The US patent claim on Basmati, which infringed India’s traditional knowledge rights, disregarded the cultural, agricultural, and geographic origins of Basmati rice. RiceTec’s attempt to deceptively capture the global market for Basmati rice was strategically defeated by India. As a result, RiceTec withdrew 15 claims out of 20 claims they asserted in the patent application and the title was amended to “Rice Lines Bas867, RT 1117 and RT1121”, thereby safeguarding the distinct identity of Basmati rice. Even though RiceTec retained certain claims, it was not permitted to use the term “Basmati,” which marked India’s success in the legal battle. The major outcome of the dispute was the introduction of Geographical Indications of Goods (Registration and Protection) Act, 1999, a legal reform that removed the lacunae in addressing the geographic origin of varieties. It also accelerated global awareness of biopiracy and need for the protection of traditional knowledge. This article seeks to analyse the Basmati rice dispute and its economic, cultural, and legal impact through the FILAC methodology, a structured legal analysis framework. This case holds greater global significance, as developing countries are still facing challenges in protecting their traditional knowledge and indigenous products.

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THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION

Volume II Issue III /

THE ECONOMICS OF INTELLECTUAL PROPERTY RIGHTS: BALANCING INNOVATION AND MARKET COMPETITION Arpita Gupta, Student (Pursuing LL.M.) from Gujarat National Law University, Gandhinagar Download Manuscript doi.org/10.70183/lijdlr.2024.v02.10 This research paper examines the economics of intellectual property rights (IPR) in India and the challenges of balancing innovation and market competition in the country. Intellectual property rights play a crucial role in promoting innovation and promoting market competition. However, finding the right balance between these two goals is crucial for sustainable economic growth. The article begins with an overview of intellectual property rights, including copyright, patents, and trademarks, and their economic significance. It examines the historical development of intellectual property in India and its impact on innovation and competition. The legal framework and institutions governing intellectual property in India are analyzed, focusing on key intellectual property laws such as the Copyright Act, the Patent Act, and the Trademark Act. Explore the strengths and weaknesses of India’s intellectual property system to understand its effectiveness in supporting innovation and promoting fair competition in the marketplace. The purpose of the case studies was to illustrate specific issues related to intellectual property rights in India, such as the pharmaceutical and software industries, as well as issues related to traditional knowledge. An Assessment of the Economic Impact of Intellectual Property Rights on Innovation and Market Competition in India Using Empirical Analysis. The paper presents policy considerations and recommendations to address India’s challenges in striking a balance between protecting intellectual property and promoting competition. Conduct an assessment of the current IP policy and identify areas for improvement in order to create an effective and balanced IP system. In conclusion, this study highlights the importance of striking the right balance between intellectual property rights, innovation, and market competition in India. Achieving this balance will foster the development of a thriving innovation ecosystem while ensuring equal access to knowledge and promoting healthy competition. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 141-163. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY

Volume 1 Issue IV /

THE IMPACT OF ARTIFICIAL INTELLIGENCE ON INTELLECTUAL PROPERTY SHUSHMITHAA K J, STUDENT AT SASTRA DEEMED UNIVERSITY, THANJAVUR. Download Manuscript ABSTRACT The development of Artificial Intelligence (AI) has created a tremendous impact on today’s world. From AI assisted tools to current trend of AI generated inventions, we are witnessing a fast pace in technological development. They provide ultimate benefits in everyday lives which is unavoidable while it also awakens various issues and debates among the people. This paper explores the profound impact of AI on Intellectual Property (IP) and focuses on the issues that arise as a result of this intersection. As AI technologies continue to advance rapidly, questions surrounding the protection, ownership and infringement of IP becomes increasingly complex. This paper thus aims to provide an in-depth examination of these issues, offering insights into the evolving landscape of IP in the age of AI. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 395-409. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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