ntroduction: Patents--An Ethical Crisis 1
The Role of Patents in History 11
Patents as Instruments of Conquest 11
Patents as Reward for Inventiveness 13
Patents as Instruments for Technology Transfer, Catching Up and Import Monopolies 14
Patents and Control over the Global Economy 18
The Myth of Patents 21
The Myth of Stimulating Creativity 21
The Myth of Technology Transfer, Innovation and R&D 26
The Myth of Knowledge Generation 30
Of Spies, Crime and IPRs 33
Threats to Biodiversity 40
The Enclosure of the Commons 44
Biopiracy 49
What is Biopiracy? 49
Stealing from the Pharmacy of the Poor 53
Stealing from the Farms of our Farmers 56
Stealing Nature's Pesticide 57
Resolving Biopiracy 61
Can Seed be Owned? 69
Seed: The Ultimate Gift 69
Seed Legislation 73
Patents on Plants 76
Patents on Seed: Terminating Germination 80
Profiteering from Disease 86
Democracy or Dictatorship? 94
Trade Related Intellectual Property Rights (TRIPs) 95
TRIPs and Patents on Plants 98
TRIPs and Biodiversity 102
TRIPs and Patent Laws in India 104
The Way Forward 113
TRIPs Reform and Review 115
Farmers' Rights as Community Rights: The Sui Generis System 120
IPR Reform in India 128
Conclusion 132
Appendix Patent Laws in India 134
References 143
The Role of Patents in History 11
Patents as Instruments of Conquest 11
Patents as Reward for Inventiveness 13
Patents as Instruments for Technology Transfer, Catching Up and Import Monopolies 14
Patents and Control over the Global Economy 18
The Myth of Patents 21
The Myth of Stimulating Creativity 21
The Myth of Technology Transfer, Innovation and R&D 26
The Myth of Knowledge Generation 30
Of Spies, Crime and IPRs 33
Threats to Biodiversity 40
The Enclosure of the Commons 44
Biopiracy 49
What is Biopiracy? 49
Stealing from the Pharmacy of the Poor 53
Stealing from the Farms of our Farmers 56
Stealing Nature's Pesticide 57
Resolving Biopiracy 61
Can Seed be Owned? 69
Seed: The Ultimate Gift 69
Seed Legislation 73
Patents on Plants 76
Patents on Seed: Terminating Germination 80
Profiteering from Disease 86
Democracy or Dictatorship? 94
Trade Related Intellectual Property Rights (TRIPs) 95
TRIPs and Patents on Plants 98
TRIPs and Biodiversity 102
TRIPs and Patent Laws in India 104
The Way Forward 113
TRIPs Reform and Review 115
Farmers' Rights as Community Rights: The Sui Generis System 120
IPR Reform in India 128
Conclusion 132
Appendix Patent Laws in India 134
References 143