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This book reflects on the significance of duties in creating an
egalitarian society by collating and contextualizing the relevant
literature. It particularly focuses on an appreciation of Gandhi's
views on duty to showcase how they remain pertinent to create a
cohesive, responsible and value-based society in the present
right-dominated world. A viable solution to the current real world
problems could be found in exploring the philosophy on duties and
the book provides relevant literature in this regard. It undertakes
jurisprudential analysis of duty in a rights-dominated world,
identifying the gaps in realising the potential of duty to address
the critical issues of the present times. It argues that
enforcement of rights depends heavily on the observance of duties
and proposes coherence in right-duty relationship. Gandhian thought
on duty recognises duty as a precursor to rights and emphasises
that the observance of duties guarantees the enforcement of rights.
The relevance of duties and Gandhian thoughts on the same is not
restricted to India but transcends borders with profound appeal.
Gandhian thoughts have become even more relevant in the current
times to examine the situation of COVID-19 pandemic, racial
discrimination (BLM), environmental crises, digital divide, health
care and medical care crises, refugee and migrant labour problems
and it can offer promising solutions based on the nuances of social
solidarity, self realisation of duties/responsibilities, local
governance, compassion and humanity.
This book offers a valuable contribution to contemporary legal
literature, providing deep insights into the interface between law
and genetics, highlighting emerging issues and providing meaningful
solutions to current problems. It will be of interest to a broad
readership, including academics, lawyers, policy makers and
scholars engaged in interdisciplinary research. In the context of
examining and analyzing the legal and social implications arising
from the recent conjunction of biotechnology and intellectual
property rights, the book particularly focuses on human genes and
gene variations. Emphasis is placed on "patent law," as a
considerable percentage of genetic inventions are covered by
patents. The book presents a comparative and critical examination
of patent laws and practices related to biotechnology patents in
the United States, Canada, European Union and India, in order to
gather the common issues and the differences between them. The
international patent approach regarding biotechnology is also
analyzed in light of the constant conflict between differentiation
and harmonization of patent laws. The book highlights the potential
gaps and uncertainties as to the scope of numerous terms such as
invention, microorganisms, microbiological processes, and essential
biological processes under TRIPS. Also analyzed are the social and
policy implications of patents relating to genetic research tools
and genetic testing. The intricacies involved in providing
effective intellectual property protection to bioinformatics and
genomic databases are also examined. Bearing in mind the
collaborative nature of bioinformatics and genomic databases, the
book evaluates the pros and cons of open biotechnology and assesses
the implications of extending intellectual property rights to human
genetic resources, before explaining the ownership puzzle
concerning human genetic material used in genetic research.
This book offers a valuable contribution to contemporary legal
literature, providing deep insights into the interface between law
and genetics, highlighting emerging issues and providing meaningful
solutions to current problems. It will be of interest to a broad
readership, including academics, lawyers, policy makers and
scholars engaged in interdisciplinary research. In the context of
examining and analyzing the legal and social implications arising
from the recent conjunction of biotechnology and intellectual
property rights, the book particularly focuses on human genes and
gene variations. Emphasis is placed on "patent law," as a
considerable percentage of genetic inventions are covered by
patents. The book presents a comparative and critical examination
of patent laws and practices related to biotechnology patents in
the United States, Canada, European Union and India, in order to
gather the common issues and the differences between them. The
international patent approach regarding biotechnology is also
analyzed in light of the constant conflict between differentiation
and harmonization of patent laws. The book highlights the potential
gaps and uncertainties as to the scope of numerous terms such as
invention, microorganisms, microbiological processes, and essential
biological processes under TRIPS. Also analyzed are the social and
policy implications of patents relating to genetic research tools
and genetic testing. The intricacies involved in providing
effective intellectual property protection to bioinformatics and
genomic databases are also examined. Bearing in mind the
collaborative nature of bioinformatics and genomic databases, the
book evaluates the pros and cons of open biotechnology and assesses
the implications of extending intellectual property rights to human
genetic resources, before explaining the ownership puzzle
concerning human genetic material used in genetic research.
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