LOGO

Ethics in social sciEncE and iPR in agRicultuRE.

Vijaylaxmi . B Somanatti M.Sc in agril. Extension UAS, dharwad -05

contEnts Introduction Concept of ethicsPrinciples of ethicsPolicies on ethicsEthical issues in researchIPR issuesResearch studies Conclusion

The term ethics derives from

the Greek word ethos,

meaning “character.”

According to Denscombe

(2002), “ethics concern what

‘ought’ to be done, they are a

matter of principled sensitivity

to the rights of others”

Core principles of research ethics :

‘Do no harm’

Informed consent

Protection of anonymity and

Confidentiality

-Denscombe (2002)

Policies on research ethics

1 Enable researchers to

enhance their capability to undertake ethical research

maintain their independence, especially when confronted with undue influence or pressure which may compromise their integrity .

2. Serve as a basis for policymakers and to provide an enabling environment for the practice of ethical research

3. Provide an additional resource for the teaching and training of students in research and ethical practice

4. Discourage unethical research practice

5. Make ethics an integral part of the planning and methodology

of research

6. Preserve and promote the autonomy, quality, legitimacy and

credibility of research

7. Protect and promote the rights of research participants and

honor their trust in researchers and research

8. Strengthen the research ethics review system in the University

where research involves human participants, animals, data,

institutions or other living or genetically modified organisms

Ethical issuEs within thE REsEaRch

REsEaRch dEsign : Researchers must acknowledge that, when experimental designs are adopted, some participants may act as controls and so not receive a potentially beneficial intervention.

samPlE : The size of the sample must therefore be considered and justified to ensure that it is sufficient to provide valid and generalisable results.

Contd…data collEction : The design will determine the

methods of data collection to be used; these must be clearly described. A number of ethical problems can arise in determining data collection techniques. Ex. covert methods of data collection (e.g. participant observation); this should be used only where data cannot be collected in any other way.

unfoREsEEn nEEds : Clear plans must be in place to address particular needs that may arise during the course of any research but which may lie outside the researcher’s knowledge, skills or expertise, bearing in mind the need for confidentiality.

Ethical issues in social science research

Consent: The prospective research participants must be fully informed about the procedures and risks involved in research and must give their consent to participate.

Risk of harm:Ethical standards also require that researchers not put participants in a situation where they might be at risk of harm as a result of their participation. Harm can be defined as both physical and psychological.

Confidentiality: Almost all research guarantees the participants confidentiality -- they are assured that identifying information will not be made available to anyone who is not directly involved in the study.

Anonymity : anonymity which essentially means that the participant will remain anonymous throughout the study -- even to the researchers themselves. Clearly, the anonymity standard is a stronger guarantee of privacy, but it is sometimes difficult to accomplish, especially in situations where participants have to be measured at multiple time points (e.g., a pre-post study).

Authorization:: It should be based on the quantum of contribution made interms of ideas, conceptualization actual performance of the research analysis and writing of the report or any publication based on the research. Also whose contribution is made the conduct and completion of research or publication possible should be properly acknowledged.

Contd…Integrity: The quality of being honest and having strong

moral principle in conducting the research. The researcher should ensure that there is honest and transparency at every stage of research.

Data security: As the technology advancement now-a-days it is difficult to protect the data. Ensuring confidentiality of research data becomes crucial in relation to data processing and release and measures to ensure data privacy have to be implemented as part of the data processing. The materials used in socio-economic research is predominantly protected by IPR such as copyright, data base and software protection

Intel lectual proper ty r ights: Intellectual property rights

(IPRs) “Legal rights established over creative or inventive ideas”.

IPRs allow right holders to exclude the unauthorized commercial use of their creations/inventions by third persons. The rationale for the establishment of a legal framework on IPRs is that it is a signal to society that creative and inventive ideas will be rewarded.

Patent

Design Registration

Trademark / Service Marks

Copyright

Layout Design for Integrated Circuits

Trade Secrets

Protection of Plant Varieties

Geographical Indications

IPRs RELEVANT TO AGRICULTURE:

Patents

CoPy rights

Plant Breeders’ rights,

trademarks

geograPhiCal

indiCations

trade seCrets.

PATENTS

Patent is exclusive monopoly right granted by the government for a new invention to an inventor for his disclosed invention for a limited period of time

CRITERIA’S TO BE A PATENT.

1. New – not be publicly known in any way, anywhere in the world. Owners of inventions should be careful to keep the invention secret until a patent application has been successfully made.

2. Inventive step – something that represents an improvement over any existing product or process that is already available.

3. Industrial application – useful and have some form of practical application. It should be capable of being made or used in some form of

Generally not Patentable

DiscoveriesMathematical ModelsScientific TheoriesSchemesRulesPlaying gamesMethod of BusinessProgrammes for computersPresentation of Information

ADVANTAGES OF PANTENTS Protection to the patentee, enabling him to enjoy the right

and to raise the capital for working his invention on a commercial scale.

The patentee would be able to make a profitable use of his invention by selling his patent or by granting license to others, permitting the use of his invention.

Helps for industrial growth by introducing new technologies.

The scientific knowledge contained in the patent specification helps as a stepping stone for further research.

Provide inventive and creative ideas for further R & D in the field.

COPYRIGHTS "©"

“ Exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material.”

Ex: compact discs, cassettes or videotapes, cable or satellite

CopyrightLiterary worksDramatic worksMusical worksArtistic worksCinematographicSound recordingComputer programmes

Advantages :Protects work against unauthorized reproduction, even

though the work has been "published”. Statutory damages and attorneys fees available as

sanctions against persons who infringe registered copyrights, if registered within three months of publication.

To reproduce the work in any material form including the storing of it in any medium by electronic means

To issue copies of the work to the public not being copies already in publication

To sell or give on hire, or offer for sale or hire a copy regardless of whether such copy has been sold or given on hire on earlier occasions

Plant breeder’s right . Rights granted to the breeder of a new

variety of plant that give the breeder exclusive control over the propagating material and harvested material of a new variety for a number of years.

In order to qualify for these exclusive rights, a variety must be new, distinct, uniform and stable.

PBRs are granted by national offices, after examination. exclusive rights are granted for a period of 20 years. Annual renewal fees are required to maintain the rights.

BENEFITS:PBR protection allows you to exclude others from: producing or reproducing the material conditioning the material for the purpose of propagation offering the material for sale selling the material importing the material exporting the material stocking the material for any of the purposes described

above

TRADE MARKS Recognizable sign, design or expression which identifies

products or services of a particular source from others. The trademark owner can be an individual, business organization, or any legal entity.

Typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements.

Trademarks are used to claim exclusive properties of products or services.

The usage of trademarks by its owner can cause legal issues if this usage makes them guilty of false advertising or if the trademark is offensive. Trademarks can be owned, but also licensed.

Trademark symbols

™ - unregistered trademark, a mark used to

promote or brand goods

℠ - unregistered service mark, a mark used

to promote or brand services

® - for a registered trademark

GEOGRAPHICAL INDICATIONSA geographical

indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.

Geographical Indicatons

More often in AgricultureCountry or to a place situated therein being a place of

origin of the productDarjaling teaCoorg Coffee, Mysore Silk ,Channapatna Toys & Dolls

BENEFITSConfers legal protection to GIs in India.Prevents unauthorized use of a GI by

others.Helps consumers to get quality products of

desired brands.Promotes economic prosperity of the

producers of goods.Essential to get protection in other

countries.

TRADE SECRECTSProtects businesses from the

unauthorized disclosure or use of confidential information.

Confidential information includes inventions not yet at the patenting stage, ways of organizing business, client lists, purchasing specifications, and so on.

In agriculture, breeders rely on trade secrets to protect hybrid plant varieties

Protection of trade secrets is not limited in time but, unlike patents, the disadvantage of this type of protection is that it is lost the moment it is discovered independently by a third party.

The advantage, at least to the proprietor, is that, unlike patents, there is no obligation to disclose the inventive or creative ideas to society.

How long does protection last? Patent 20 years Design 10 + 5 years

Trade secret Until someone spills the

bean

Copyright life of the author + 60

years

Trademark As long as it is used

Click to add title

RESEARCH

STUDIES

1. Marketing flexibil it ies in Geographical Indications (GI) and trademark: a

Comparative Study

- Anson C. J (2012)Objective: To analyze what are the points that differentiates GI

and trademarks in marketing context and what are the barriers in the GI marketing system.

Methodology: A semi structured questionnaire survey conducted among producers and consumers of GI. The paper examined different case studies from Kerala which includes agriculture, textile and handicrafts (Secondary data).

Table .1Geographical indication Trademark

1. It’s already there Created name

2. Not possible to change the name Easy to change

3. No scope of cognitive study Product cognitive study have importance

4. Perceived Quality appears Not quality assured

5. Only in that geographical area Produce everywhere like factory

6. It is GI Ready to eat concept - customizable

7. Only primary goal satisfaction in purchase decision

Product line

8. Single product Market segmentation

9. Reputation of geographical area Reputation of firm

10. “Farm to fork” principle have only limited scope

“Farm to fork” principle is possible

Problems In GI marketing the major issues

are: Marketing intermediaries Unorganized producers for marketing Geographical

asset There is no product standardization mechanism Production not on the basis of demand but on as a

routine Producers are not much more aware about value added

marketing Consumers are not aware about GI tag and its quality Attitude towards foreign goods are hitting regional

products

2.The Protection of Geographical Indications in India: Issues and Challenges

-Nitya et al (2013)

Methodology:

Survey conducted by TERI for three registered GI- Banarsi sari, Malabar pepper and Bikaneri Bhujia, on the basis of a standard questionnaire prepared especially for the purpose with 60 respondents.

Major f indings

Motivation factors for securing registered user status

Results:Among the respondents surveyed, 21.43%- enhanced profit post registration. 33 %- increase in product demand and led to revenue

increment 17% - registration has led to decrease of duplicates and

enhanced brand value respectively.

3.Geographical indications in CroatiaA case study of Virovitica pepper

-Marija et al (2006)

Producers’ famil iarity with the GIs regulation

Expected ef fects of the protected GIs

Producers’ wil l ingness to par ticipate in the costs of protection

4.Celebrated issues of patents in india :

Farmers will no longer be able to use these products without

paying royalties

Consumers will also be deprived of cheap medicines

Local communities should receive a share of the commercial gains: after all — the argument goes — the companies owning the patents learnt of the value of the species through local knowledge, so they have a debt to repay.

Turmeric March 1995, two expatriate Indians at the University of Mississippi Medical Centre, Jackson, (Suman K Das and Hari Har P. Cohly) were granted a US patent.

CSIR filed a case with the USPatent Office challenging patent on the grounds of “prior art”, i.e. existing public knowledge.

Why was the patent withdrawn? 

The turmeric case failed to meet the novelty criteria.

Neem : The Green Gold

Numerous neem products have received patents. Several of these have been granted to Indian companies for a range of products including a contraceptive ( National Institute of Immunology in 1993) and an environmentally safe pesticide (for Godrej Soaps in 1994).

Controversial patents granted to the US company WR Grace & Co. 1990 -improving the storage stability of neem seed extracts

containing azadirachtin 1994 -storage of stable insecticidal composition comprising neem

seed extract. Farmers protested that the patents would prevent them from using

neem as a source of home-made pesticide.

Contd..Indian government filed a complaint to the US Patent Office

accusing WR Grace of copying an Indian invention. However, in the end, the government withdrew its complaint

as it realized that the US-based company had in fact created a new invention for the neem extraction process, and the patent was not based on traditional knowledge.  

It is only these specific newly invented processes that are covered by the patents. Farmers always have and will continue to be free to use neem in any traditional way they desire.

The use of neem extract, or its seeds or leaves, cannot be patented, since they have been used for centuries. Its properties can only be patented if they are considerably modified.

Basmati THE FACTS: Originally from India and

Pakistan, Basmati became a controversial ‘issue’ after RiceTec, a Texas-based company, in 1997, patented some types of rice they developed as “American basmati”.

RiceTec Inc,- “Kasmati” and “Texmati”.

The Indian government, after putting together the evidence, officially challenged the patent in June 2000.

Threats Indian farmers export $250 million in Basmati every year

and U.S. is a target market. RiceTec Inc. had attempted to sell its long-grain rice in Europe .

However, if the patent is not revoked, RiceTec Inc., can now sell its rice under the brand name Basmati which will definitely cut into India’s and Pakistan’s global market share, especially as the rice grown in the US could be sold cheaper than the Indian and Pakistani varieties.

Of 40 cases filed, India has been successful in winning 15 cases against countries like Britain, Australia, France, Spain, Chile and UAE.

Moral of the issues

Many indigenous communities don’t have a written tradition/culture, recognition of TK through system of IPR-difficult and complex.

It highlighted the advantages inherent in the recording of traditional knowledge.

Socio-economics of protecting GIs: a case analysis of the indian handloom sector

-Kasturi das (2009)Sample : Random sample of 256 manufacturers of Nalgonda and

Warangal districts of the Indian state of Andhra Pradesh‘Pochampally Handloom Weavers’ Co operative Society ‐

Limited’ and ‘Pochampally Handloom Tie and Dye Manufacturers’ Association’. Registration was awarded by the GI Registry on 31 December 2004.

Immediately after the registration, ‘Pochampally Ikat’ received huge publicity in the media. The demand for ‘Pochampally Ikat’ sarees increased by 15 20‐ %.

Growth rates of key parameters in the Pochampally cluster

Parameters Growth rates in %

2004-05 2005-06 2004-06

Sales turnover 12.01 14.31 13.31

Productivity 4.35 5.88 4.67

Employment 1.25 1.66 1.40

Weavers’ incomes in the Pochampally cluster

Category of weavers

Average monthly income of weavers in rupees

2004 2005 2006

Silk weavers 2200 2500 2800

Cotton weavers 1200 1500 1850

CONCLUSION