Sunday, May 6, 2012

Development of Patent in Bio Technology: Brief Study from Patent in Micro- organisms to Cereals



This article is written by Vishal Vijayvargiya.

tomatoes vegetables injected biotechnology bio patents. Cereals like rice and wheat are an important protein source. However, they are not nutritionally very efficient as they have very low concentrations of several essential amino acids, like tryptophan and lysine. Legumes like peas also have low concentrations of sulphur-containing amino acids. These amino acids are considered essential because the body cannot synthesise them by it. With the advent of recombinant DNA technology, the protein content of these legumes and cereals can be enhanced, improving their nutritional quality. Genes can be obtained from any source. But I thought it to be more appropriate to isolate a seed protein gene, as this was unlikely to create problems when incorporated into cereals or legumes using genetic engineering techniques. To do this, I chose the Amaranthus plant, because its seeds contain reasonably high quantities of the essential amino acids. In India, The Indian Patent office guidelines with regard to Biotech related patents can be best described as inconsistent and grossly inadequate. The word gene or DNA does not appear anywhere in the Indian Patent Act nor there is any special directive issued by GOI for according legal protection to Biotechnology related inventions. The only reference for the same can be found in the Examination Manual Chapter 8 which deals with Examination and Grant of Patent applications. The Manual is currently in its third edition and has undergone substantial changes since the time it was introduced. The manual is not a binding document as it is not issued under any provisions of the Patent Act, but serves as an informal written guidance for the Examiners at the Patent office. The current as well as the 2008 edition of the Manual regards claims to ‘genetically modified Gene Sequence/ Amino Acid Sequence, a method of expressing the sequence, an antibody against that protein / sequence, a kit containing such antibody / sequence’ as having a single inventive concept and capable of being granted a patent. The above text can be found under the explanation for section 10(5) Unity of Invention. The Patent office indeed does consider claims to genetically modified sequences for grant of Patent, something which I can confirm from the experience of handling prosecution of numerous patent applications claiming DNA and protein sequences. The term ‘Genetically Modified Sequence’ however restricts smooth prosecution of only those inventions which relate to modifying known genes sequences or synthesis of a completely new gene sequence in the lab. To meet the novelty and inventive criteria, the modified gene sequence should not have existed in nature or should differ in at least one aspect from its identical copy in the nature. The difference can be a change of a single base pair which could provide new function, property or configuration to the protein molecule encoded by the gene sequence.
Abstract: Cereals like rice and wheat are an important protein source. However, they are not nutritionally very efficient as they have very low concentrations of several essential amino acids, like tryptophan and lysine. Legumes like peas also have low concentrations of sulphur-containing amino acids. These amino acids are considered

Compulsory voting to revive the election process in India?


The above article is written by Anagha Lokhande.

Indian Celebrity actress Diya Mirza after voting election showing dot on fingerFlags flaring on the bikes as they race through the streets marking the party’s win, jubilant leaders celebrate their success during the elections…its one of the biggest day in India, where the whole nation teams up to elect their candidates to the government because after all we are the Democracy; government by the people, for the people, of the people! But surprising where are all the people?

The recently held BMC elections in Mumbai had just 46% turnout while of the times India sees a turnout of average 45%-51%, which is

Friday, May 4, 2012

Statelessness and Obligations Of International Community

This article is written by Jasmine  Kaur.

One day, I was standing between the borders, and could not get into either country. It was the most unforgettable experience in my life! I could not enter the State where I had been; also I couldn’t get into the State where I was born, raised and lived! Where do I belong? I still cannot forget the strong feeling of loss I experienced at the airport.”
Chen, who was formerly stateless

INTRODUCTION
Statelessness is a phenomenon as old as the concept of nationality.[1] Nationality is a legal relationship between an individual and a state that “confers mutual rights and duties on both” and has been called “man’s basic right, for it is nothing less than the right to have rights.”[2] Statelessness is a situation in which a person “is not considered as a national by any state under the operation of its law” (Statelessness Convention, Article 1). In other words, statelessness refers to a

Sunday, April 29, 2012

The Price of Mercy : Legalizing Medical Euthanasia


This article is written by Sourya Banerjee.



"I will give no deadly medicine to any one if asked, nor suggest any such counsel"
                                                                                                            
-The Hippocratic Oath.

Pulling the plug on life euthanasiaindia, mercy killing india
Pulling the plug: (Euthanasia)
Who is to decide
    Traditionally for over 700 years, the Anglo-American common law tradition has punished or otherwise disapproved of both suicide and assisting suicide. That suicide remained a grievous, though nonfelonious, wrong is confirmed by the fact that colonial and early state legislatures and courts did not retreat from prohibiting assisting suicide. Swift, in his early 19th century treatise on the laws of Connecticut, stated that "if one counsels another to commit suicide, and the other by reason of the advice kills himself, the advisor is guilty of murder as principal." (From Z. Swift, A Digest ofthe Laws of the State of Connecticut 270 (1823). The right to life and to personal security is not only

Unhygienic Sanitation: a TRAP!


This article is written by Dhrumi Gada.

A sign reminding people that they are  responsible  for disposal of their pet's waste. Stray dog’s poop everywhere
A sign reminding people that they are
responsible  for disposal of their pet's waste
There they are….multiplying and breeding only in darkness…. hidden in decaying human and animal excrement, and dark pools of foul uric acid and stagnant water. These are the germs which can suck the life out of us. Dirt and darkness are the parents of disease; and if people live in filth, they are liable to such epidemics of deadly diseases. Unhygienic sanitation is a trap….on us, by us. Can we do something revolutionary about it? 


Wednesday, April 25, 2012

A Bit Adulterated....


This article is written by Sourya Banerjee.



Gender discrimination sex symbols on the balance weighing scale of justice
Gender Justice

What’ common between the CEO of ICICI banks, the MD of Apollo Hospital Enterprises, the Indian Head of Facebook or the current leaders of the three most powerful political parties currently. Quite simple isn’t it? The only similarity is that they are all women. They are there at the top. From healthcare to banking to entertainment to politics. Then can they now be called the weaker sex?? Aren’t laws made to uplift this “weaker” sex going to hamper the other sex (yeah I mean us males)? It’s said that women were always the suppressed sex in India. But the catch word my dear friends is “were” not is! I think it’s high time the law changes to suit the times and eliminate major forms of gender discrimination. Because in the process of  trying to uplift one section, you push down the other side.


    The law which first comes into our eyes in this aspect is the Adultery Laws in India

Saturday, April 21, 2012

Bringing Domestic Workers within the Ambit of Labour Law

This article is written by Shashank Sahay

INTRODUCTION
Domestic work: A multifaceted but global phenomenon
Domestic labour is one of the oldest and most important occupations for many women in many countries. It is linked to the global history of slavery, colonialism and other forms of servitude. [1]  In its contemporary manifestations, domestic work is a global phenomenon that perpetuates hierarchies based on race, ethnicity, indigenous status, caste and nationality.[2]  Care work in the household – whether performed by paid employees or by unpaid household members as part of their family responsibilities and as a “labour of love”[3] – is quite simply indispensable for the economy outside the household to function. The growing participation of women in the labor force

Thursday, April 19, 2012

Anti-Trust Laws: The Magna Carta of Free Enterprise


This article is written by Sushant Shetty.



Result of Monopoly:
It's not a recession, it's a robbery
Monopoly is an expression employed by economists to refer to the situation in which there is a single seller of a product (i.e., a good or service) for which there are no close substitutes. The word is derived from the Greek words monos (meaning one) and polein (meaning to sell). Governmental policy with regard to monopolies (e.g., permitting, prohibiting or regulating them) can have major effects not only on specific businesses and industries but also on the economy and society as a whole.

Large monopolies have substantial potential to

Saturday, April 7, 2012

Homosexuality In Legality


This article is written by Shashank Sahay


Introduction
Lesbian idols on wedding cake, homosexual figures
The basic tenet of Indian constitution lies in the principle of inclusiveness.  Unfortunately homosexuals have been continuously harassed, demeaned and secluded from the society. This has been carried out under section 377 IPC which directly targets their right to equality and freedom of expression, hereby overruling article 14 and 19 of the Indian constitution . The proposition, which the researchers would moot would be the decriminalization of homosexuality. In our country even the rapist (or alleged) are not kept under judicial custody on non bail able warrants, but this is not the same for the homosexuals. If the person alleged of heinous crime such as rape is provided with such a soft cushion in our legal system, then there shouldn’t be any kinds of discrimination  in relation to homosexuals indulging in sexual intercourse with each other’s consent contrary to the rapists ,who by assault or external force induces themselves in sexual intercourse with  person against his or her will outlawing the opinions of certain reserved section of the society. The purpose of

Wednesday, April 4, 2012

Fairy Tales and Feminism: Refashioning Mother India


This article is written by Smriti Patel.





Men have sight, women insight.
-Victor Hugo

INTRODUCTION: Diversity, Difference and Feminism.
In the early 1960’s, the Suffrage movement was formed to help women become equal to men by campaigning against a series of issues such as abortion, glass ceilings, equal pay, and sexual harassment[1].

femisim and virginaia woolf, A Room of One’s Own,  women victims of men upholders of society mirrors to men
Virginia Woolf
““Does your mother work?” “No, she’s a housewife.”” This statement is just an example of what was heard in and before the feminist movement and in the 1960’s. Since then, women’s roles have changed dramatically, instead of being “just a wife”, or “just a mother”, now women can be both and have jobs outside the house[2]. However, women are still considered a subordinate group because not only do women have different physical characteristics than men, but they experience all of the other signs of a subordinate group as well such as receiving unequal treatment, and having to struggle for equality.