tag:blogger.com,1999:blog-5574479.post31058659588218924..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: GUEST POST The rhetoric over the Nagoya Protocol – The Indian experienceVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-14379324492831174522014-03-19T17:25:09.286+00:002014-03-19T17:25:09.286+00:00Of course, Nagoya applies to all research, not jus...Of course, Nagoya applies to all research, not just research with a view to commercial development.<br /> 'Get round the rules'? This generally means observing the letter while disregarding the spirit. But it's difficult to grasp what the spirit of Nagoya is. It's supposed to stop 'biopiracy' - but what is and what is not reasonably to be considered 'biopiracy' is often unclear. And observing the letter of the law is going to be difficult enough - possibly so difficult that only large international companies with vast law departments will have the confidence to tackle the numerous conundrums that will arise. For the rest - if you want to collect samples in a country that has ratified Nagoya, check if you need government permission (good luck with finding out how to get it). Otherwise, there are two ways of 'getting round' Nagoya:<br /> 1. Do the research in a non-member of the CBD (USA has more facilities than the Vatican).<br />2. Don't do the research at all. Tim Robertsnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-41810767011801285482014-03-12T18:11:54.501+00:002014-03-12T18:11:54.501+00:00It's a kind of justice that the pharmaceutical...It's a kind of justice that the pharmaceutical industry that made such an effort to force developing countries and their citizens to adopt our patent and data exclusivity rules now has to deal with the Nagoya Protocol and this Regulation. So I certainly have no sympathy for industry. That said, I see lots of problems with the Regulation as I do with Nagoya, and especially the Indian legislation which looks like a nightmare. Still, industry, or at least some of the companies, will find ways to get round the rules. Graham Dutfieldnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12055976701983780902014-03-12T08:55:53.646+00:002014-03-12T08:55:53.646+00:00The Licence Raj - now coming to the European Union...The Licence Raj - now coming to the European Union?Tim Robertsnoreply@blogger.com