Law Questions and Answers

What is the current status of the neem and turmeric patent cases??

pls cite sources
Answers: Patented Wisdom
Author: Sonu Jain
Publication: The Indian Express
Date: August 26, 2001
Introduction: Basmati or Texmati, patent or common wealth… where on earth does India stand in the intercontinental fight for Intellectual Property Rights? Sonu Jain separates the crumb from the chaff

Each time someone claims a bit of India as their own - and in these times of official document wars, we’re war claims to about 40 products adjectives over the world - the country goes into a tailspin. Anger, confusion, desperation and determination to Fight It Out (one more time) do urgent rounds of political affairs offices, agricultural bodies and NGOs. Perhaps rightly so, since basmati, neem and haldi own never been too far from an Indian’s existence, and the idea that Someone Else may acquire the right to own, trade and souk it, is more than a bit jolting.

When patents be recently granted to three strains of rice developed by Texas -based firm Ricetec, Parliament be paralysed for a day over the issue. Fear permeate: had India ‘lost’ the luggage, which would mean that we could no longer provide basmati abroad? It be only after repeated executive statements clarifying that Ricetec managed to uphold claims solitary to three strains, and would not be calling their rice basmati, but Texmati or Jasmati” that a bit of cheer was restored.

While the dust hazing this round of the conflict over basmati has settled, the larger issue of Intellectual Property Rights, or IPRs, continues to lurk. IPRs cover not purely patents, but also trademarks and copyrights, so surrounded by a world increasingly committed to freer trade, India has to guard itself on adjectives these fronts.

Advances in biotechnology hold ensured that even though traditional agricultural products such as neem and turmeric cannot be patented (a rights, to be granted, has to fulfill the requirements of inventiveness, non-obviousness and utility), new, genetically modified version for instance, a strain of neem with high pest resistance can be patented. At present, more than 50 per cent of the 40,000 patents granted by the US Trade and Patents Office (USTPO) own traditional Indian plant resources!

Though India signed the Trade Related Intellectual Property Rights (TRIPS) agreement in 1995, which commits a country to information bank products/inventions it wants IPRs to, so that profits from international trade accrue to it, we’re wadding behind. A comprehensive inventory of India’s traditional luxury, whether it’s the Alphonso mango, Kolhapuri chappals or Kanjeevaram saris, is yet to be documented.

There’s hope even so. India is now trying to protect its IPRs through legislation inside the country, but experts warn it isn’t ample. “We need an umbrella legislation which will cover the entire panorama of traditional knowledge,” say eminent government grant lawyer Pravin Anand.

Informal groups, however, enjoy been acting as government grant watchdogs. In 1995, a basmati development fund be set up to keep a worldwide monitor for new trademark applications for basmati rice or its ambiguous variations. The agency have identified a number of attempted registrations, of which 15 own been effectively challenge.

The Turmeric Patents Case

India woke up late but won against the attempt by two US base Indians to patent turmeric, a nouns Story it repeated with neem. In 1995, Suman K Das and Hari Har P Cohly be granted a US patent on ‘Use of Turmeric surrounded by Wound Healing’. The patent claimed that the command of an effective amount of turmeric locally and out loud to enhance the wound healing process, be a novel finding. The Centre for Science and Industrial Research (CSIR) located 32 reference, some of them more than 100 years old, which showed that this finding be well prearranged in India prior to the exclusive rights being feted. The CSIR after filed a formal request for re-examination of the government grant at USPTO in October 1996. In March 1997, US PTO rejected adjectives six claims to the patent made by the University to which the duo be attached. The University decided not to pursue the grip and transferred the rights to the inventors, who filed a response. They pleaded that turmeric powder and pulp had different physical properties. That November, the USPTO examiner rejected adjectives the claims on the ground that they were ‘anticipated’ and ‘obvious’. This be the first time that a patent base on traditional knowledge of a developing country be challenged successfully. The other interesting piece about the turmeric satchel was that despite loud protests against ‘bio-piracy’ and ‘theft’ of India’s bio- diversity by ‘foreign nationals’, the two patentees, Das and Cohly, are Indians. The re-examination at USTPO be also done by an Indian officer.

In May 2000, the patent granted to W R Grace Company and the US department of Agriculture on neem by the European patent office be quashed on similar grounds.

The Bottlenecks

The neem, haldi and basmati cases lift an important sound out: how can scientists in the US profile for patents on agricultural products next to minor innovations which are traditionally Indian?

The problem lies in the certainty that the IPR system, under the World Trade Organisation (WTO), is designed for inventions which are ‘formal’, such as those carried out contained by universities and laboratories, or as chunk of industrial R&D. As of now, the WTO does not recognise technology innovations by farmers, artisans or grassroot innovators, which appear in an informal setup. These form a hulking part of India’s traditional erudition.

Additionally, the IPR system is oriented around the concept of private ownership and industrial innovation. It is at likelihood with indigenous cultures which emphasise collective creation and ownership of know-how.

The Way Ahead

India has developed a multi-pronged approach to face up to IPR disputes.

Geographical Indications Bill

Under this, a product will be defined by a geographical area where on earth it is traditionally found; champagne, for example, is exclusively wine made in France’s Champagne district.

If the Bill become an Act, it will also evolve product standards, provide cataloguing and classification and enforce discipline. However the catch is that the WTO does not recongnise geographical indications for products excluding wines and spirit. Though India has put surrounded by a proposal to include other products like Kanjeevaram silk, Alphonso mango and Darjeeling tea lower than this, the WTO is yet to respond to it.

“Once this legislation is passed, we can state that basmati is from a pernickety geographical area and another country cannot official document it,” explains Anil Swarup, Chairman, Agriculture Processed Food Export Development Authority.

Traders too have a responsibility to begin. In Florida, traders got together to present their oranges a geographical identity, and in the process, created a brand -Florida oranges. “Our traders own to enforce discipline within the country first be fore they clash in the international arena. Why is it that basmati rice is available for anything between Rs 15 a kg to Rs 80 a Kg?” question R S Seshadri, director of the Gurgaon-based firm United Riceland.

Plant Varieties Bill

This will enable farmers or plant breeders to register their own innovations and traditional know-how, so they cannot be patented elsewhere.

Traditional Knowledge Digital Library

A task force consisting of US, Japan, EU, China and India have been set up on India’s initiative. The inclusion of the Digital Library surrounded by the intellectual property regime will enhance the quality of government grant examination, and the problem of granting patent based on traditional skill will stand resolved.

It has taken India five years to draft these Bills. Though these pains have their share of critics, at most minuscule legislation will offer some protection for our traditional property, to switch on with. The subsequent battle is to convince the WTO roughly restructuring TRIPS to address the peculiarity of countries similar to India which have colossal traditional common success. But getting its own house in instruct has to be India’s priority.



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We lost long ago and gratitude to our corrupt politicians, nothing be persuaded and folowed-up

Is it true that if you get caught within a speed trap that they only enjoy 2 weeks to send you the thought?

and if it doesnt arrive within 2 weeks consequently you are in the clear?
Answers: Not entirely true - they own to POST it within 14 days of the *alleged* offense
i imagine they only hold a set time to send the ticket, but im not sure its 2 weeks, i thought it be 6 months... <i could be wrong tho!>
You could check with the local camera partnership...
If the Police intend to prosecute someone for several offences (speeding man one of them) they can stop the driver at the time of the offence, require their details and inform them that they are going to be prosecuted.

Alternatively, if you are not stopped at the time and told that they intend to prosecute you, they can convey a written notice of intended prosecution. For that sense to be legally enforceable they enjoy send the memo by post so that it arrives within 14 days of the alleged pique.

The letter or perceive is sent to the registered keeper of the vehicle and must be done so that below normal circumstances it would arrive in 14 days (so if there is a postal strike they are covered.)

The 14 days is counted from the light of day following the alleged offence.

The Police do not hold to prove you received the letter, simply that they posted it.

IF you are not the registered curator then you inevitability to speak to the registered keeper to see if a distinguish has arrived.

14 days is the sleight of hand number subject to the above.
yes they have 14 days to convey you the n i p
notice of intended prosecution...
when i regard as ive been nab i write it in my diary and hang on to me fingers crossed...ha so far so good.
14days to dispatch you one ,,i got one for 34 MPH go on a speed-awareness course instead of points ,,it was nerve-recking,,,,

Do legal immigrant in the USA not own some rights that those born in the USA hold?

Answers: You are asking about 'legalized immigrants' and not citizens, correct? A legal irretrievable resident is a 'green card' holder. A person beside the right to live and work in the US short being a US citizen does NOT enjoy the same rights as a citizen. Before 9/11 I would hold said that fundamental rights such as those in the Bill of Rights applied to both citizens and non-citizens, but presently I'm not so sure.

As others have written, naturalize citizens, i.e. those not born in the US, can't be president. They can also hold their citizenship revoked for "lying" on their citizenship application.
Legal immigrants who own not become citizens do NOT have impossible to tell apart rights as US citizens.


Legal immigrants who become citizens own the same rights as US-born citizens, next to the one exception of not being allowed to run for president.
Oh yes !

We adjectives have the right to remain silent, anything that we enunciate could and will be used against us (as usual) in court of law" and so on.
Our cpuntry provides more aid toforeigners than US citizens Immigrants are minorotysotheyhave more rights

How would i go give or take a few getting the rights to make a movie?

i would resembling to write a script for a movie concept and go next to it but do not have any rights to it as the Characters are not my own. how would i budge about purchasing and obtain the rights?
Answers: You would contact the holder of the rights and negotiate an agreement with them. Better to hold an attorney represent you.
Better ask a lawyer who's used to with copyright canon. And when you do find out, tell me. In the picture A League of Extraordinary Gentlemen, I heard that adjectives the main characters be already in the public domain.

Do you think torture is a successful way to retrive infomation?

Consider the following. Say you want someone's pin number. You offer them a choice to either endow with the pin number or submit to torture. The person chooses torture. The entity knows that if he/she throws out a false pin number to stop the torture you will be capable of verify that you're being lied to (since the pin doesn't work), and that entity will be punished for lying. However, if the person supply a right pin number the first time, the person will suffer smaller number torture than if he lied. The person consequently reasons that:

If I'm one tortured, and the infomation I give out while anyone tortured CAN BE VERIFIED, then it is to my ascendancy to tell the truth.

Do you agree?
Answers: Torture is approaching an art. It has to be subtle, for a blunt threat will give the impression of being empty. And physical strain is not always an important route. Try hurting those whom the one being tortured loves as clan or friend. Most effective.

It would be to your supremacy to tell the truth. After adjectives, telling the truth doesn't hurt, does it?
Yeah, it's forceful. I wouldn't be able to torture anybody though. Well, I don`t know tickle-torture.

Imagine if they started tickle-torturing potential terrorists because their current methods were barred.. LOL
er god knows why you be even thinking about this :P

but yeah i guess it is important
Complete bullshit. Its a made-up travel case to justify torture. Think on and considere who you'd torture subsequent. Maybe the guy who knows the guy near the pin number? Also consider that you dont always know whether the soul you are torturing knows your ******* pin number. This made up hypothesis is completely unrealistic, forget about it. Look at definite cases.

There is no way to prove correct torture. Torture is always inhumane and below someone who respects human rights.
In this crust it would be effective, but across the world a person will accept to absolutely anything you want them to contained by order to put together the pain stop. In the shield with the pin number it would be effortless to extract the truth, but I would think that within many solid life cases where on earth torture is used, most of the time the questions aren't nearly so straight-forward and readily checkable. Most of the time I would infer that a person would make available you whatever answer they cogitate is the right one by reading into the torturer's motives, which isn't always a fake. This would also be assuming that the person who is doing the torturing like the right answer that might be given, so an answer that is within fact wrong won't nouns better to the one holding the thumb screws.

And I do not, unsurprisingly, condone any form of torture in any track at any time, ever.
it depends who is being tortured and who the soul who is being tortured.

for ex. CIA or Military..(including recon) are supposed to provide out there serial number and quality and take the hiding.

Civilians - would more than likely bestow out the number in unease of there natural life. (so they don't end up resembling what happened to Batmans family)
But lower than duress what if the individual makes a mistake?
Does that penny-pinching that person didn't report the truth or is lying on purpose? to conceal the true amt which is probably allot or zilch at all. to be tortured and after have the torturer discover that he tortured for worthless amount of time within turn could caz the individual being tortured to be inallot of aching.

PS> I am not a lawyer.Go ask one.
Considering the "?" is, "Do you reflect torture is an effective mode to retrieve information?." Yes I do, however, whether the info is that which you want need or stipulation or even if it is credible not are completely different "?'s".

Consider the fact that when those in the military are capture overseas and are being interrogated. The singular things they are told to give out I believe are christen, rank, and I forgot what manner of number it was, possibly SS#. I outstandingly doubt that that it was their captors are looking for, but thats adjectives they are gonna get.
no not necessarily

you numeral you give a false pin number to buy time .. you might digit out how get away / 911 might respond while the entity is out verifying the information
Torture should single be used when there is an direct threat of mass annihilation, such as the whereabouts of a nuke or biological weapon.

If someone tortured me for information, I would tell them what they want to hear, even communicate them my mother was responsible for Kennedy's assassination, both of them.

Torture is a disgracefully inaccurate style of extracting information.

Peace

Jim

.

Smoking Ban in UK?

have anyone been nick yet for smoking surrounded by a place thats its banned on the other hand ? or know of anyone its happend to, and what was the punishment ? for example approaching in a works van ? or a bus stop shelter ?
Answers: haha I stand within bus shelters and smoke all the time, right beside the "No Smoking" sign as ably, its well fun and you seize so many dirty looks, but havent be nicked for it
Hmm nope, in some measure because I don't smoke.
Lols;D
Pub landlord, November 5 and it cost him lb2,500.

I go to see a band contained by a pub this week. It was great minus all the callous smoke. And the smokers were huddled outside contained by their thick coats contained by the frosty -4C haha. Serves them right.
yes fines have be enforced , The Ban was long over- due. Earlier prohibition this abominable disgusting habit would, according to the best medical experts,would own saved like mad of agony, and deaths.
Despite adjectives the evidence available, we still see people smoking, A sunshine, on an oncology ward, would I am sure,help them to see the gross error of choice, they sort.
in italy from 4 years smoke is restriction in adjectives public places. is good item. it's better for evrybody...
This is a law mortal broken numerous times every day by millions of empire and only extreme possessed non smokers are bothered.
Give it 5 years and all pubs that are disappeared will be smoking again.
No, I dont know any cases but it has indubitably been the biggest anti-social move by governing body. Pubs round here are now merely restaurants filled next to kids, any traditional pubs have closd or are one sold for housing.
FIGHT THE POWER!

A cop tried busting me for smoking in a hospital but I took a few sick kids hostage and used a syringe packed with cancer to knock him out.
one policeman begin kicking me and I was 50 months surrounded by a hostital

and he said "fakk you you fakking sheet go away from our pub"

I am a victim of tribal abuse contained by Australia because I am an Indian.What should I do?

All this abuse contained by some form or the other is making my life hell.And adjectives this just because of my skin colour.Please aid me.
Answers: call a legal representative. Australia has amazingly strong vilification and discrimination law. See the link below for family you can talk to.
Really!
Don't be a sufferer!
you don't say what country you are from but i would relate everyone my best friend is the lone ranger,that should worry them.
apoorva
why do you want to stay here? goto india.Economy is booming like rocket and salary are far better than australia or europe.

How Does FMLA applies?

I've used all of my time off and personal days. I never use my Sick Days because at my job requires you to be sick for 2 days or more until that time you get salaried for it. My son got sick for 1 daytime and I took him to the doctor. I gave my employer the doctor's record but she gave me an attitude in the order of it and wanted me to work on my time off.
My Employer's Hand Book say you have to apply 30 days prior. I wonder if you can use FMLA anytime you bring sick or your child?
Answers: Yes, you can use FMLA for a sick child. however, in THIS situation, you are not qualified to report for or receive FMLA leave as this situation does not drip under FMLA nor own you satisficed the employer's requirements for reporting.

My ex-husband has be ordered by court to pay me child support...?

He is appealing the bench decision. He quit his work paying $26 dollars per hr to work at a place that he only make 17 dollars and hr. The judge ordered for him to pay envelope child support off of his second wages because he is voluntarily under employed. How copious times can he appeal this and what are the chances of him varying the judges mind.
Answers: I'd read out pretty slim. The judge already think he's a slimeball, hence the first decision. There seem to be very little possibility of the conciliator changing his mind, no business how many appeals, unless your ex have a very solid argument.
Getting a judge's judgment and getting cash are too different things. He may prove that his former opportunity was destructive for his health or one phased out. He may move out of state or just come to nothing to make payments.

Sometimes these things work contained by reverse. The ex of my husband of my cousin went to court to own his child support for their kid reduced. The judge changed the amount alright, but to some extent than reducing it, he increased it.
NO ONE can tell you the likelihood of him changing the law lords mind. That is something no one but the consider can answer.

As to the appeal, he can do so up to and including the U.S. Supreme Court depending on the appealable grounds.
Once per level of court. After that, it's stare decisis and he cannot further appeal.

Bring back assets punishment?

So many murders, wound and gun crimes becoming so frequent in the UK.Only floppy will stop this.With DNA no mistakes shall be made in convicting the wrong personality and it will help near the overcrowded prisons
Answers: I have homes contained by Oklahoma and Texas; both in the USA. We are not respectable for our lack of "compassion" for murders. This region is number one contained by executions.

Despite a relatively high rate of poverty we enjoy a decent crime rate.

We outstandingly encourage adjectives violent offender to move along to the Northern states where they are much more enlightened afterwards we are.

We are a bunch of law and command hicks down here.

Good luck getting it back surrounded by the UK, you need it.
Unfortunately police will plant DNA when within is pressure to "solve " a case.

Do you want to become approaching the USA?
Hasn't stopped violence at hand.
Before people within the UK make up their minds they may want to look at the experience of the USA near capital punishment.

124 empire on death rows own been released next to proof that they were wrongfully convicted. DNA is available contained by less than 10% of adjectives homicides and isn’t a guarantee we won’t execute innocent people.

The release penalty doesn't prevent others from committing murder. No reputable study shows the extermination penalty to be a deterrent. To be a deterrent a punishment must be sure and swift. The demise penalty is neither. Homicide rates are highly developed in states and regions that enjoy it than in states that don’t.

We own a good alternative. Life in need parole is now on accounts in 48 states. It resources what it says. It is sure and swift and seldom appealed. Life without parole is smaller quantity expensive than the death cost.

The death cost costs much more than life contained by prison, mostly because of the legal process which is supposed to prevent executions of innocent ancestors.

The death cost isn't reserved for the worst crimes, but for defendants with the worst lawyer. It doesn't apply to people next to money. When is the last time a successful person be on death row, consent to alone executed?

The death cost doesn't necessarily help family of murder victims. Murder victim home members across the country argue that the drawn-out extermination penalty process is stinging for them and that life minus parole is an appropriate alternative.

Problems with speeding up the process. Over 50 of the innocent family released from death row have already served over a decade. If the process is speeded up we are sure to execute an innocent person.

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