eChapters

As we have seen how artificial Intelligence can be useful in agriculture but the nest question always come in mind is that from where and how we can start to learn and what are the model of learning an artificial Intelligence. As Artificial Intelligence is a huge part of Computer Science which means we need an language as medium to perform it and we always prefer Python for that which is very dynamic and easy to learn. In this chapter we will learn about python basics so that in further implementation of artificial Intelligence it will be helpful to us.

I. Introduction

Python is a remarkable language that can claim to be easy and strong. You will be amazed to see how simple it is not to focus on the language you are programming, but on solving the problem. Guido van Rossum was the creator of the Python language which is named after the BBC show “Monty Python’s flying Circus”.

Python is formally introduced as:

“Python is an easy to learn, powerful programming language. It has efficient high-level data structures and a simple but effective approach to object-oriented programming. Python’s elegant syntax and dynamic typing, together with its interpreted nature, make it an ideal language for scripting and rapid application development in many areas on most platforms.”

The artificial intelligence (AI) world is quickly growing as it reaches several different industries. You currently will see AI used for many different purposes from agriculture to automotive; with the passage of time you will see even more of it. Agriculture is one of the most important branches of the IT industry. Agriculture is an important industry and is a big part of our economy’s base. In terms of annual sales, the agricultural industry contributes to our economy almost 17%.AI is becoming a technical advancement that boost and protects crop yield, as climate change and populations rise. Here in this chapter basics of Artificial Intelligence have been discussed how it can be related to agriculture.

1. Introduction

Artificial Intelligence has become most prominent in current generation. Every field is utilizing Artificial Intelligence for their better results and which also result in saving a lot of time. As Artificial intelligence is boosting different sectors to increase the productivity and efficiency and its utilization across different sectors like in the field of CIVIL Artificial Intelligence can be used to analyze the structures of buildings, dams etc., and Artificial Intelligence solutions are assisting in so many ways to overcome the traditional challenges in every field.

I. What is Artificial Intelligence

Artificial Intelligence is one of the most prominent field of Computer Science Engineering which attempts to redefine the tasks which are carried out by humans in their daily life with better results and maximum accuracy. Artificial Intelligence is actually meant to ease the work of human where the word artificial states the work done without any human interference and intelligence states the capabilities like human brain to perform tasks. The field artificial Intelligence has given so many definitions from time to time which can be typically stated as

Introduction

Globally, the SOC pool of 1,550 Pg (1 Pg = 1015 g) to 1-m depth is about three times that of biotic and twice that of atmospheric pools (Post et al. 1982, Watson et al. 2000). In arid and semi-arid ecosystems, SOC contents show high degree of spatial variability due to patchiness of vegetation (Wiesmeier et al. 2009). The arid ecosystem might play a key role in mitigation of climate change effects through sequestering carbon in soils (United Nations 2011). Therefore, a suitable land use system having high C sequestration potential for arid ecosystem needs to be identified and promoted. However, the prevailing conditions of arid ecosystems normally does not support dense vegetation. Therefore, low carbon stock is expected in both above-ground vegetation and below-ground soil. Fruit trees are an integral part of arid farming system and played a significant role to improve the nutritional security and employment opportunity of farmers but also have potential role to increase carbon storage both in biomass and soil. To quickly assess the soil carbon restoration programmes, it is important to know how much soil carbon is stored in an agricultural farm through adoption of different land management practices. Therefore, reliable estimates of SOC pools are essential to establish the soil carbon sequestration programmes at different landscape scales.

Introduction

Soil organic carbon (SOC) content plays a key role in maintaining soil fertility in agricultural farm. At present, there has been great interest to reduce the atmospheric CO₂ level through a chain of increasing vegetation carbon pools first and then to store them as soil carbon pool. To quickly assess the soil carbon restoration programmes, it is important to know how much soil carbon is stored in an agricultural farm through adoption of different land management practices. Average SOC content is considered in most soil carbon pool calculations in spite of its large spatial variation in landscape, and thus leads to inaccurate estimate of SOC stock for an area. Therefore, reliable estimates of SOC pools and their spatial variability are essential to establish the soil carbon sequestration programmes at different landscape scales. Here, a case example of assessing the spatial variation at a typical agricultural farm is discussed. The experimental field was located at Badoda village of Jaisalmer district, Rajasthan covering an area of about 76.12 ha. The farm lies between 265^o2′30″-26°53′30″ N and 71°12′15″-71°13′15″ E (Fig. 24.1) and 20 km away from Jaisalmer city in eastward direction. Elevation of the farm ranged from 232 m to 248 m above mean sea level with an overall slope from south to north. Among total area of the farm, 85.38% area was under cultivation in four main blocks: block A, B, C, and D whereas rest area was under grassland.

Introduction

High degree of spatial variability in soil properties is observed at different scales. This variability is generally originated from the combined effect of physical, chemical or biological processes operating with different intensities at different scales (Goovaerts 1998). Knowledge of this spatial variationof soil properties is important in several land management applications e.g. variable rate application of nutrient and water in agricultural production system, land suitability classifications, modeling water balance components at landscape scales, precision farming etc. The concept of ‘management zone’ was also evolved in response to this large variability with the main purpose in efficient utilization of agricultural inputs with respect to spatial variation of soils and its properties (Franzluebbers et al. 1996, Atherton et al. 1999, Malhi et al. 2001). Therefore, an appropriate understanding of spatial variation of soil properties is essential. The most important way to gather knowledge in this aspect is to prepare soil maps through spatial interpolation of point-based measurements of soil properties. Here, a case study is discussed where soil water retention at two critical levels e.g. field capacity (FC) and permanent wilting point (PWP) was spatially characterized through geostatistical approaches. Because these two soil moisture contents guide farmers to apply right amount of irrigation water at right time. The study was carried out at the experimental farm of ICAR-Indian Agricultural Research Institute, New Delhi, India (28°37′-28°39′ N, 77°8′ 30″-77°10′30″ E, 217-241 m above mean sea level). A detailed discussion of the study is available in Santra et al. (2008)

Introduction

Microorganisms generally present in all the environments are the most abundant and diverse living organisms present on earth. Microorganisms have great impact on the biosphere due to their inbuilt ability to transform the key elements of life into forms usable by other organisms and plants. Because of heterogeneity in nature of soils from variations in physical, chemical and biological properties the various natural habitat are microbially most diverse environments on the earth maintaining the stability between complex microbial communities and their function (Daniel 2005). One gram of soil contains about 10 billion microorganisms of possibly thousands of different species but microbial diversity in general, and particularly in extreme environments, and its role in ecology is poorly understood (Rossello-Mora and Amann 2001).

Deserts present a unique environment with very little precipitation and large variations in day and night temperatures, making it inhospitable environment for living organisms. Still a number of microbial species do survive in those harsh environments. The populations of aerobic bacteria in deserts across the world are reported to vary from < 10 in Atacama desert to 1.6 × 10⁷ cfu g^–1 in soils of Nevada (Skujnis 1984), and India is not exception to that with the bacterial population in the range of 1.0 × 10³ to 8.35 × 10⁶ cfu g^–1 sediment or ml^–1 water in the samples collected from cold deserts of north western Himalayas (Yadav et al. 2015).

Introduction

The life support systems of a country and socioeconomic development of its people largely depend on soils. The soils are the most valuable natural resources for the society. It caters the basic needs of mankind by producing food, fibre and timber. It is therefore essential to know the distribution and extent of different soils and their qualities, potentialities and constraints for sustainable utilization of this valuable natural resource (Shyampura and Sehgal 1995). Information on distribution, potential and constraints of major forest soils are essential to design most appropriate soil management systems in order to increase productivity of forests as forests also offer excellent potential for poverty reduction and rural economic growth in India. However, unlike agriculture lands forest soils usually draw less attention and are ignored in spite of the fact that they nourish the lungs of the Earth. Soil quality is the most important factor in forest management decisions. Soils will determine productivity of a particular forest and management strategy. Knowing about forest soils can serve as a basis for forest management decisions, including land acquisition, species selection for planting, site preparation requirements, watershed development, fertilization prescriptions, stand density/ composition, and harvest timing, as well as decisions affecting land ownership and use.

Introduction

The natural resources of arid regions particularly soil and water are limited and is often in a delicate environmental balance. Desert encroachment due to lack of conservation planning, and the dangers of destroying or depleting beyond recovery these productive resources, are evident at present time and may be disastrous if development is based on short term expediency rather than long term stability.

The arid zone of India is spread over 38.7 million ha area, out of which 31.7 m ha in under hot arid region and 7 m ha under cold region. The hot arid region occupies major part of north-western India (28.57 m ha) and occurs in small pockets (3.13 m ha) in south India. The north-western arid region occurs between 22o30' and 32o05' N latitudes and from 68o05' to 75o45' E longitudes, covering western part of Rajasthan (19.6 m ha, 69%), north-western Gujarat (6.22 m ha, 21%) and 2.75 m ha (10%) in south-western part of Haryana and Punjab (Faroda et al. 1999). Rainfall distribution is highly uneven over space and time (CV>60%). The region receives low rainfall (<100 mm to 500 mm), has high evapotranspiration and high temperature regime (Rao and Singh 1998). Groundwater is deep and often brackish. The western-central area is devoid of drainage system and surface water resources are meager (Fig. 20.1). Due to low and erratic rainfall, replenishment of water resources is also very poor. The entire Rajasthan state is being categorized as the driest state and water scarce (having per capita water availability below 1000 m3 year-1) since 1991 in the country. Increasing pollution by industrial units, big and small, unregulated mining and even over-extraction of water from deep wells also add to the water quality problem in number of districts. Rapid urbanization and industrialization make such existing differences even more

Introduction

Soil is a dynamic natural body, characterized by high degree of spatial variability due to combined effect of physical, chemical or biological processes that operate with different intensities at different scales (Goovaerts 1998). Reports have shown that there is large variability in soil properties, crop yield, disease, weed etc., not only in large-sized fields (Godwin and Miller 2003,Vrindts et al. 2005), but also in small-sized fields (Bhattacharya et al. 2008). Therefore, knowledge of hydro-physical properties of soils is crucial for management practices for all kinds of agricultural practices for efficient utilization of input resources. Plant growth and development is highly related to soil hydro-physical properties, which not only depend on soil intrinsic textural and chemical characteristics (Hamza and Anderson 2005) but also on soil management.

Soil physical properties which change with the variation in soil structure include bulk density, total porosity, pore geometry (size distribution, shape, continuity and tortuosity), penetration resistance and aggregate stability, consequently affecting soil hydraulic properties such as water retention characteristics, plant available water capacity, infiltration capacity and saturated hydraulic conductivity. These soil properties are dependent on seasonal climatic conditions, management practices, crop development and biological activity (Reynolds et al. 2007). The hydro-physical properties of soils, i.e., water retention and water permeability in both saturated and unsaturated zones not only shape soil water balance but also decide the conditions for plant growth, development and yield. They also determine water availability for the plant root system and the transfer of water with chemical compounds dissolved in it into deeper layers.

Land resources units or major land resources units are the suitable segmentations of land, based on available natural resources, their potential use and management. Irrespective of terms used by different organizations or institutes, these units have spatial dimension and represent a composite unit for interstate, regional, and national level planning. A typical meaning of these land units can be related to terms like land system. Christian and Stewart (1953) of the Commonwealth Scientific and Industrial Research Organization (CSIRO), Australia devised the ‘Land system’ as the composite mapping-unit which has been defined as “an area or group of areas, throughout which there is a recurring pattern of topography, soils and vegetation”. This system is based on the premise that the land system is expressed on aerial photographs by a distinctive pattern and, as such, the land system can be directly mapped from aerial photographs (Christian and Stewart 1953, Mabbutt and McAlpine 1965). It is a fact that during those period, aerial photographs were more frequently used and studies related to land systems used technique of aerial photogrammetry. As per USDA (United States Developmental Agency), the typical segmentations are; (1) Land Resource Region (LRR), which is the highest level in the hierarchy (2) Major Land Resource Area (MLRA), the second highest level and generally representing broad landforms or a geologic region at a small scale and (3) the Land Resource Unit (LRU).

Concept and Definition

Desertification is a major problem in the drylands of India, affecting the way of life for its inhabitants. The problem is more severe in the arid lands in the northwestern part of the country. There have been a few numbers of definitions of the word “Desertification”. However for simplicity of its origin and meaning we would refer to two of the frequently used ones; (1) proposed in 1991 by UNEP: “Land degradation in arid, semi-arid and dry sub-humid areas resulting mainly from adverse human impact and (2) prepared for the Earth Summit at Rio, held in June 1992, for inclusion in Agenda 21, as “Land degradation in arid, semi-arid and dry sub-humid areas resulting from climatic variations and human activities. (Anonymous 1992).

Comparing two of these initial definitions, it would show that first one indicated desertification as a state of natural resources like soil and vegetation, mainly resulting from human activity while the second one included climate as a major cause. However, it reduced the emphasis of human activities as being the primary responsible factor and tried to link the possible impact of climate change on desertification. But the simplicity of the 1992 definition of desertification helped researchers to bring in sharp focus on the special environmental and socio-economic problems of the drylands.

So over the years, the key words that explains the term “desertification” has been changing or are being amended for specific purposes. This would at least mean that the problem of desertification is still debated world-wide, and its impact is not limited to some nations/regions as was presumed and discussed in first of UNCCD platforms. Therefore, as a precaution and combating this process, few catchy words like non-sustainable management, productivity, over-exploitation of natural resources, dryland livelihood, droughts are found to surround the word desertification. Earlier, some, people equated desertification with advancing boundaries of the existing desert and in India, examples of expansion / contraction of geographical boundary of Thar desert was a public debate among various researchers and planners. In the same time, some of the definitions tried to broaden its geographical scope so that greater populations suffering from adverse effects of land degradation would benefit out of various remedial measures.

Introduction

In India, hot arid ecosystem covering an area of 31.7 million ha lies at north western part of the country and 62% of this area falls in western Rajasthan covering 12 districts i.e. Jodhpur, Jaisalmer, Jhunjhunu, Sikar, Hanumangarh, Sri Ganganagar, Bikaner, Barmer, Pali and Sirohi. The major landforms in arid western Rajasthan are dune and inter-dune plains having sandy to sandy-loam textured soils. Temperature remains high for most part of the year reaching up to 42-45°C during prolonged summer months (April to July), whereas annual rainfall is very low and highly sporadic (100-400 mm) mainly occurs during August and September. Annual potential evapotranspiration ranges from 1500-2000 mm. Loss of fertile top soil from denuded soil surface through wind erosion is frequent during summer months. The region is subjected to frequent occurrence of droughts, once in every three years, which further intensifies the process of desertification (Samra et al. 2006). Shorter growing period, sandy soils, very low available water capacity, inadequate nitrogen and phosphorus availability are the major constraints. Soils are prone to severe wind erosion, terrain deformation and nutrient depletion. The region is mostly mono cropped and double cropping is being practiced extensively in canal and tubes well command area. Extensive fallowing in the past even in very good rainfall years because of uneven undulating topography and severe windstorm are the cause of concern. Ground water is deep and is usually brackish, declining at alarming rate due to excessive withdrawal for irrigation and other purposes. The region, however, sustains on perennial vegetation of Prosopis cineraria, Tecomella undulata, arid shrubs and grasses, which are rich resources of fodder for animal because cropping is affected by vagaries of monsoon. During last two to three decades, a 2 to 3-fold increase in irrigated areas with cultivation of both kharif and rabi crops has been recorded and most of these increments are resulted through conversions from rainfed areas, grazing lands and sand dunes into irrigated areas.

Introduction

Over the past few decades, soil resources have witnessed many changes driven by demographic pressure and climate change. It is necessary to have up to date soil information to monitor the state of soils health with time. Soil resource inventory provides information about the potentialities and limitation of soils for its proper utilization. Soil survey offers an accurate and scientific inventory of different soils, their properties and extent. An in-depth knowledge of the type of soils and their spatial distribution is a prerequisite for developing rational land use planning. Remote sensing is the science of obtaining information about the earth’s surface without actually being in contact with it. On the other hand, proximal sensing refers to remotely sensed measurements that are taken at the field or laboratory level. Both these processes involve an interaction between incident radiation and the targets of interest. Fundamentally, remote sensing data products are a representation of the functional response of objects to energy sources. These are typically spectra, which are acquired as a discrete series of reflectance measurements taken at different wavelength intervals, or bands. In the shorter wavelengths of the electromagnetic spectrum (visible part), features can be detected by virtue of reflected solar energy, while in the longer wavelengths (microwave, thermal parts), sensing of emitted energy works. Conventional soil sampling, and subsequent laboratory analysis are generally time consuming and costly. In this context, remote sensing plays a crucial role for studying soil resources. The term remote sensing is generally used for airborne and space borne acquisitions, whereas proximal sensing refers to ground-based laboratory and field measurements. Advances in the quantitative disciplines like remote sensing and proximal sensing have laid the foundations for a spatial exploration of soil-system dynamics within a landscape context (Pennock and Veldkamp 2006).

Introduction

Soil is one of the vital resource, and is the basis of the existence of mankind. Management of this resource including its conservation and utilization is of crucial importance. It is a base on which all life depends. In the recent past, with burgeoning populations and the national goals of seeking self-sufficiency in food and fibre production, this resource base is slowly being stripped. While natural systems often adapt to stress in a remarkable fashion, some relationships - once destroyed - can never be restored. Soil resources can be assessed and monitored through its spectral signatures gathered through remote sensing.

The term ‘remote sensing’ is commonly restricted to methods that employ electromagnetic energy (such as lights, heat, micro wave) as means of detecting and measuring target characteristics. Sensors acquire data as various earth surface features reflect or e mit electromagnetic energy (EM energy). Remote sensing is the technology that is now the principal method (tool) by which the earth’s surface and atmosphere (as targets or objects of surveillance) are being observed, measured, and interpreted from vantage points. Remote sensing of the earth traditionally has used reflected energy in the visible and infrared, and emitted energy in the thermal infrared and microwave regions to gather radiation that can be analyzed numerically or used to generate images whose tonal variations represent different intensities of photons associated with a range of wavelengths that are received at the sensor.

Introduction

Accuracy and uncertainty analysis is an important step in preparation of surface map through geostatistical techniques or digital soil mapping approach. It is because that we rely on a map based on how much accurate it is and the degree of uncertainty associated with the estimates while the map was prepared. Any stakeholder for a soil map especially policy makers is interested in accuracy and uncertainty of the map before taking suitable land management decisions involving soil map as an input. Again the level of accuracy and uncertainty depends on the properties for which the map has been developed. If the property of interest is sensitive to environment or human consumption, then the accuracy level should be very high while the uncertainty level should be very low e.g. heavy metal concentration in soil, quality parameters of water etc.

Introduction

GIS (Geographical Information System) based mapping takes cogence of three major geometrical dimensions, point, line and polygons and in GIS these three features correlate their relationship through a concept called Topology. Among the various applications where covariate processing requires specific attention, the landuse/ land cover and Digital Elevation Models/surfaces or terrains are the major area of interest. Use and processing of data for these covariates carries importance as accuracy of both these aspects would influence the derivatives extracted out of them further. For example, if landuse is improperly defined, the site for which planning is proposed may not sustain, similarly, point data/elevation data in case of DEMs would decide the exact topography of any landforms for their further utilization. For their use in GIS, while DEMs depend upon point data, the landuse/ land cover will be taken care by polygons. For the purpose of the study, we are going to discuss about these two covariates in the following paragraphs.

Generally, Covariate (covariable) (koh-vair-iãt) in statistics is defined as a continuous variable that is not part of the main experimental manipulation but has an effect on the dependent variable. In other words, as per ANCOVA (Analysis of covariance) definition: a covariate is a control variable.

Introduction

Quantum Geographical Information System (QGIS) is an open source GIS environment. The software package is available freely in web https://www.qgis.org/en/site/forusers/download.html) and can be installed in a variety of computer platform e.g. Windows, Linux, Mac OS X, Android etc. Latest information on QGIS is available inhttp://www.qgis.org/en/site/. Basically, the QGIS GUI is divided into five areas: (i) Menu Bar, (ii) Tool Bar (iii) Map Legend, (iv) Map View and (v) Status Bar. QGIS allows users to define a global and project-wise coordinate reference system (CRS) for layers without a pre-defined CRS. It also allows the user to define custom coordinate reference systems and supports on-the-fly (OTF) projection of vector and raster layers. All of these features allow the user to display layers with different CRSs and have them overlay properly. QGIS has support for approximately 2,700 known CRSs. Definitions for each CRS are stored in a SQLite database that is installed with QGIS. The CRSs available in QGIS are based on those defined by the European Petroleum Search Group (EPSG) and the Institute Geographique National de France (IGNF) and are largely abstracted from the spatial reference tables used in Geospatial Data Abstraction Library (GDAL). For Post GIS layers, QGIS use the spatial reference identifier that was specified when the layer was created. For data supported by OGR, QGIS relies on the presence of a recognized means of specifying the CRS. In the following sections, few basic GIS analysis using example spatial data from arid western India is discussed. However, readers are advised to go through different tools and functions available in QGIS after installation of the system in personal computers.

Introduction

Spatial datasets always exhibit two common features (i) the occurrence of a few very large concentrations (hot-spots) and (ii) the presence of data below the detection limit (black spots). Extreme values can strongly affect the characterization of spatial patterns, and subsequently the prediction. Several approaches exist to handle strongly positively skewed histograms (Saito and Goovaerts 2000). One common approach is to first transform the data (e.g. normal, Box Cox or lognormal), perform the analysis in the transformed space, and back-transform the resulting estimates. Such transform, however, does not solve problems created by the presence of numerous black spot data, since either it yields a spike of similar transformed values or, in the case of the normal-score transform, it requires a necessarily subjective ordering of all equally-valued observations. Moreover, except for the normal score transform (Deutsch and Journel 1998), it does not guarantee the normality of the transformed histogram, which is required to compute confidence intervals for the estimates. Last, the back-transform of estimated moments is not straightforward and can introduce bias if not done properly (Saito and Goovaerts 2000); for example, lognormal kriging estimates cannot simply be exponentiated. Another way to attenuate the impact of extreme values is to use more robust statistics and estimators. The non-parametric approach of indicator kriging (IK) falls within that category (Journel 1983, Goovaerts 2001). The basic idea is to discretize the range of variation of the environmental attribute by a set of thresholds (e.g. deciles of sample histogram, detection limit, regulatory threshold) and to transform each observation into a vector of indicators of non-exceedence of each threshold. Kriging is then applied to the set of indicators and estimated values are assembled to form a conditional cumulative distribution function (ccdf). The mean or median of the probability distribution can be used as an estimate of the concentration of the material in question (Barabas et al. 2001, Cattle et al. 2002, Goovaerts et al. 2005).

Introduction

In geographical location, the observations taken in proximity tend to be more alike than observations made at points that are far apart-that is, the values tend to be correlated. An area of study that takes this sort of spatial consideration into account is called geostatistics. A primary motivation for sampling is to make meaningful estimates of values at nearby positions in space and time. When values are assumed independent, the best estimate for an unmeasured point will be the mean. However, for correlated values nearby values are estimated by interpolation. The simplest interpolation scheme is a nearest neighbor estimate for which the unknown values are based on the closest measured location. Inverse distance is another sort of interpolation technique where weights are estimated based on the inverse distance squared. Kriging is a geostatistical interpolation technique that considers both the distance and the degree of variation between known data points when estimating values in unknown areas.

It makes the best use of existing knowledge by taking account of the way that a property varies in space through the variogram model. In its original formulation a kriged estimate at a place was simply a linear sum or weighted average of the data in its neighbourhood. Weights are based on the distance between the measured points, the prediction locations, and the overall spatial arrangement among the measured points. Since then kriging has been elaborated to tackle increasingly complex problems in mining, petroleum engineering, pollution control and abatement, and public health. The term is now generic, embracing several distinct kinds of kriging, both linear and non-linear.

Introduction

Spatial variation structure of soil properties is a key input for digital soil mapping and generally determined through geostatistical techniques (Webster and Oliver 2007). In geostatistics, spatial variation is expressed by semivariogram ?(h) , which measures the average dissimilarity between data separated by a vector h. It is generally computed as half of the average squared difference between the components of data pairs:

Introduction

The first step of geostatistical analysis in R is the creation of dataset which is acceptable in R environment by using the data collected from field survey or laboratory experiments. Different type of data is collected during experiments e.g. sand content, silt content, organic carbon content, geographical location of data points, soil type, land use type etc. Here, we will discuss how these data are converted into a acceptable dataset format for R environment and how we manage these data. In R this task is performed in two steps. First, a data structure is created to hold the data and second is the entering or exporting the data into data structure.

Introduction

Spatial data is different from a non-spatial data in the sense that it always has a spatial reference system which is nothing but a pair of coordinate values and a system of reference for these coordinates. For example, the locations of benchmark soil series of India can be defined as pairs of longitude and latitude in decimal degree values with respect to the prime meridian at Greenwich and zero latitude at the equator. The World Geodetic System (WGS84) is a frequently used system of reference on the Earth. The different types of spatial data are: (i) point, which is a single point location, such as a GPS reading or a geocoded address (ii) line, which is defined as a set of ordered points, connected by straight line segments (iii) polygon, an area, marked by one or more enclosing lines, possibly containing holes and (iv) grid, a collection of points or rectangular cells, organised in a regular lattice. Among the above said spatial data, the first three are vector data models and represent entities as exactly as possible, while the fourth data model is a raster data model, representing continuous surfaces by using a regular tessellation. In this chapter, we discuss how a spatial data can be handled in R. There are several packages available in R in which spatial data analysis can be handled e.g. sp, rgdal, raster etc. All the contributed packages for spatial data analysis in R address two broad areas: moving spatial data into and out of R, and analysing spatial data in R. In the following section, the sp package for spatial data handling is briefly discussed.

Introduction

R is one of the most popular platforms for data analysis and visualization currently available. It is free, open-source software, with versions for Windows, Mac OS X, and Linux operating systems. R is a language and environment for statistical computing and graphics, similar to the S language originally developed at Bell Labs. It’s an open source solution to data analysis that’s supported by a large and active worldwide research community. But there are many popular statistical and graphing packages available e.g. Microsoft Excel, SAS, IBM SPSS, Stata, and Minitab etc., however R has many interesting features so why it is mostly followed by researchers and academicians. Few of the major features of R are given below:

Soil sampling is an integral and essential component of soil fertility evaluation and nutrient management research. The effectiveness of soil sampling is a prerequisite for soil testing to achieve its goals for efficient nutrient management and plant nutrition for improved yield and quality. The underlying basis for soil sampling is that a soil sample taken represents the “population” which may be a plot, field or a watershed. It further implies that nutrient status of the representative soil sample(s) determined in a laboratory would reflect nutrient status of a plot, field or watershed and is of interest for correcting nutrient disorders in the field or watershed.

The most important factor that influences the effectiveness of soil sampling is soil heterogeneity. However, in a relatively homogenous group of fields or plots, a small number of samples may be sufficient to represent the population to a more heterogenous group of fields that would require more number of samples to represent the soil population. Whenever, soil samples to be taken in field following points needs to be kept in mind.

The arid region in India is spread over in 38.7 million hectare land. Out of the total 31.7 m hectare lies in hot arid region and remaining 7 m hectare comes under cold arid region. The hot arid region occupies major part of northwestern India (28.7 m ha) and a small pocket (3.13 mha) in southern India. The north western arid region occurs between 22°30’ and 32°05’ N latitude and 68°05’ to 75°45’ E, covering western part of Rajasthan, north western Gujarat and south western parts of Haryana and Punjab. About 62% area of arid region falls in western Rajasthan and 20% in Gujarat. Haryana and Punjab together constitute 7% area of arid region. The state wise distribution of arid region is shown in Table 3.1. Further our discussion is based on the majority area of arid region, belonging to Rajasthan, Gujarat, Punjab and Haryana.

Introduction

A complex spatial soil properties pattern is directly controlled by soil internal factors and anthropogenic impacts.Hartemink et al. (2001) elaborate a strong decline in mineralogy, morphology and genesis of soil research than strong increase in pedometrics applications during 1967 to 2001. Hartemink and McBratney (2008) identified this change as “soil science renaissance”. Basically, the soil science deeply rooted in agriculture, geology, and chemistry but the paradigm has been shifted from classification and inventorization to quantification of soil patterns in spatial as well as temporal patterns and their impact on the ecosystem health and hydrological cycle. The environmental keen approach explains that soil is in the center of the ecosystem and highly interacting with the biotic and abiotic factors of the ecosystem and a complex pattern and process has been co-evolved with the time.

Introduction

Geostatistics is a branch of statistics that deals with the analysis and modelling of geo-referenced data. Its main aims are to quantify spatial variability and to create maps from point observations. Of course there is much more to geostatistics than just that and indeed some of the other uses of geostatistics are addressed in this chapter too, but the emphasis is on the assessment of spatial variability and geostatistical interpolation.

The first step of geostatistical interpolation is to quantify the spatial correlation structure of the variable of interest. This can be done by examining the observations and how these vary in space. Next spatial interpolation makes use of the quantified spatial correlation to derive optimal predictions at unobserved locations and create a map. The interpolation error is quantified as well, which helps to design optimal spatial sampling schemes that balance data collection costs and map accuracy. All this will be explained in this chapter, but in order to do so we first need to explain the statistical theory that underlies geostatistical interpolation followed by representation of the spatial correlation structure, the basics of geostatistical interpolation (‘kriging’), kriging extensions and spatial stochastic simulation.

A Patent is a written document explaining an invention with exclusive right. It is used to protect an inventor/scientist and to prevent other from making profits without permission. It is also used as an authority paper permitting license holders to duplicate the results. A patent application requires a combination of legal documentation and technical papers. This issue makes patent writing a very different writing style.

In India, patent applications can be filed by a patent agent or an individual having some scientific and technical background to understand the invention. However, no one can understand the invention better than the inventors themselves. Document preparation requires healthy discussions between the inventor and agent. For inventors, a good understanding on patent writing style can greatly facilitate the documentation process. Before filing the patent application inventor must be sure about that the subject is eligible for patent protection, the invention has something new, the invention is not obvious and is not easily predictable from general consensus, and the invention has practical application.

Keeping in view the importance of intellectual property rights and their protection, Journal of Intellectual Property Rights (JIPR) was started in 1996. The objective of the journal is enhancing communication between policy makers, organizational agents, academics, and managers on the critical understanding and research on intellectual property; and to promote the development of the newly cultivated research field. The journal publishes contributed/invited articles, case studies and patent reviews; technical notes on current IPR issues; literature review; world literature on IPR; national and international IPR news, book reviews, and conference reports.

JIPR is covered in the abstracting/ indexing services namely Scopus, EBSCO host Electronic Journals Service, Directory of Open Access Journal, Library & Information Science Abstracts database and Legal information Institute of India database.

World Intellectual Property Organization

http://www.wipo.int,http://www.wipo.org

The World Intellectual Property Organization - referred to in abbreviated form as WIPO in English, and OMPI in French and Spanish - was established by a convention signed at Stockholm on July 14, 1967, and entitled “Convention Establishing the World Intellectual Property Organization.” The WIPO Convention entered into force in 1970. WIPO became a specialized agency in the United Nations system of organizations in 1974 and dedicated to the use of intellectual property (patents, copyright, trademarks, designs, etc.) as a means of stimulating innovation and creativity.

WIPO promote the development and use of the international IP system through Services, Law, Infrastructure and Development.

Abstract

Describes the genesis, organization and Internet representation of International Patent Classification (IPC). Provides the outline of seventh edition and useful URLs related to it.

Keywords: International Patent Classification, Patent Classification, Classification, Internet representation

Introduction

The International Patent Classification, commonly known as the IPC, is based on an international multi-lateral treaty administered by World Intellectual Property Organization (WIPO). This treaty is called the Strasbourg Agreement concerning the IPC, which was concluded in 1971 and came into force on October 7, 1975. The Agreement aimed to overcome the difficulties caused by using diverse national patent classification system. The common classification system defined by the Agreement is applied to patent and utility model documents. The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property.

Abstract

Patent is a monopoly right which is granted by the Government to the applicant for the full disclosure of an ‘invention’ which is ‘new’, ‘inventive’ and ‘industrially applicable’. Thus, before filing a patent application, the inventor must be sure that the work done by him is new and inventive. Further, during the examination of the patent application, it is required to be verified that the invention claimed in the disclosure/specification is new, inventive and industrially applicable. Since the search for the ‘Novelty’ of the invention is carried worldwide, it becomes all the more important for the inventor and the examiners to search for the prior art thoroughly. Searching for the prior art (i.e. state of the art) across the globe in around millions of documents both patents and non-patent documents, is like ‘searching a needle in the haystack’. However, by using proper keywords and classification techniques, it is possible to arrive at the closest prior art available. Each patent application is classified by the Indian Patent Office and thus attributed to one or several fields of technology. The classification scheme applied is the International Patent Classification (IPC).

Abstract

Patent infringement is the act of unauthorized making, using, offering for sale or selling any patented invention within the India. In case of patent infringement it is necessary for the patentee to compare the claims granted to him with the allegedly infringing product an check whether there is an infringement – whether the infringing product falls within the scope of the claims of the patent. In such a case the patentee may sue for relief in an appropriate court. The patentee may ask for permanent injunction and damages on account of the infringement. It is the crusade of the inventor asserting his rights against an infringer and the law recognizes the importance of this right; because, without such positive and assertive rights, industrial progress would be hard to come by

“Necessity is the mother of invention”, all of us must have heard this statement at some juncture in our lives. Most of us may even have even gone through the motion of inventing something when needed. However, more and more inventions happening today may not necessarily be necessities. These inventions definitely perform the task of improvingand making convenient our overall living environment. Past few years have seen an increasing awareness and understanding in the field of intellectual property. Among all aspects, one aspect of intellectual property that is gaining increasing attention of intellectual property owners is management of the intellectual property rights.

This brings to our minds one question, how was intellectual property management practised by early mankind? We all do know that early mankind has left no stone unturned to make theabove statement”Necessity is the mother of invention”, a reality. Mankind prospered by leaps and bounds on account of sharing their various discoveries and inventions. Way back then knowledge was meant to be shared, as aptly captured in the Sanskrit Sloka:

Introduction

In the perspective of the accelerating national growth rate of 8% recorded at the end of the 10th Plan to a projected growth rate of 10% by the end of the 11th Plan, yielding an average GDP growth rate of about 9% it was appearing that the nation is going to have a strong footing of development. However, it could not be fully achieved due to several reasons including the global recession and other factors related to international economic setback which may deter achieving a projected growth rate of 10% in the 12th Plan. In consideration of the international scenario of growing complicacy in economic growth more emphasis should be given on further efficient utilization of natural resources and intellectual properties of grass root innovators to improve per capita income leading to a promising national structure of economics ensuring wide spread benefits to the society. In this regard, true development of a nation like India can be primarily realized by recognition of wide spread enthusiasm of its innovative human resources living in village and rural areas. It can be made possible only through working with them by appreciating their struggle for survival using all round innovative measures coming out of their daily life experiences and traditional knowledge. Technopreneur Promotion Programme (TePP) is a unique scheme of Government of India for development of society especially by promoting the intellectual properties of grass- root level innovators coming out from the society with a source of inspiration arising out of their daily life struggle for existence. In spite of its limited publicity in remote areas an awareness of this programme has often been found to raise great hope to the villagers to do something for their society exploring the ideas generated from the experiences of life with the help of local resources. Such naturally grown innovation can be found undoubtedly novel and the idea can change their world of dreaming for a more prosperous life by bringing changes in socioeconomic pattern of trade and employment in rural areas with proper support from Government if India through the scheme like TePP.

Abstract

The paper discusses patentability aspect of subject matter. Patentable subject matter must satisfy three basic criteria i.e. novelty, inventiveness and industrial applicability, though few subject matter satisfying all the three basic criteria stated above may still be not patentable in specific jurisdiction based on certain circumstances or as stated in the patent act of the specified jurisdiction. Therefore grant of a patent is subject to certain limitations mentioned in the section 3 and 4 of the Indian Patent Act for Indian jurisdiction. The aim of this paper is to study such limitations in detail.

Abstract

An intellectual property infringement is the violation of an intellectual property right of the owner. Infringement is established based on the law governing appropriate IPR in the concerned country. Both civil and criminal remedies are available under the concerned law. The present paper introduces the patent infringement as per Indian Patent Act, 1970. It discusses various modes and types of infringements which can take place. It further discusses a procedure to formulate opinion about product infringing a granted patent. In the end some usual defenses against patent infringements have been discussed. Some case studies have also been presented along with the damages awarded for the patent infringement.

The main purpose of this lecture note is to provide basic information on patent drafting skills and train applicants for drafting a patent in clear and concise manner.

We will see the components of Complete Specification through the following Case studey (1) of a solar water heater. The figures are provided below for reference and better understanding.

Technology transfer is an important commercial tool for leveraging and optimizing the value of intangible assets in the present era of globalization which has deepen the process of integration of the economic resources including the free movement of goods, merchandise, services, capital and intellectual property rights. This economic integration is facilitated by a legal framework of World Trade Organization (WTO) under various agreements including the Trade Related Aspects of Intellectual Property Rights (TRIPS). There are other International Institutions i.e., World Intellectual Property Organization (WIPO), World Customs Organizations (WCO) and United Nations Conference on Trade and Development (UNCTAD) to regulate and provide guidance for the protection and enforcement of IPRs. The present global economy is geared and triggered by knowledge and almost 80 % of the global wealth comes from knowledge based intangible assets and helps optimization of the limited global resources. Technology transfer is a tool for leveraging the value of IPRs and also for sharing knowledge around the world. Knowledge is weightless and in today’s era, knowledge is driven by Information and Communication Technology (ICT) which adds to productivity in all aspects of economic life.

The term “Technology transfer” broadly connotes transfer of knowledge from one legal entity to another legal entity within and outside the national territories of the legal owner of the Patent holder at a consideration, known as license fees or technical fees or royalty. This may happen as a part of Foreign Direct Investment (FDI) or as a part of pure technological collaboration. In other words, Transfer of Technology (TOT) and Technology Commercialization allows the transfer of the technology by a patent holder to a user for further development and exploitation of the technology into new products, processes, applications, material or services. Patent provides an exclusive right to the patentee to exclude others from using an invention without his consent and the technology transfer is the process to include the licensee as the legal user without infringing the rights of the patentee. The exclusive right granted to a patentee is the right to prevent others from making, using, selling, or distributing the patented invention without his permission. The technology transfer allows the user to use the patented technology with the consent of the patent holder.

Abstract

The main aim of the article is to identify the strengths, weaknesses, opportunities and threats of current IPR system in context to Indian regime and also to understand overall planning as well as important tactics and means to use IP legal protection system to fully safeguard one’s legitimate rights and interests, obtain and maintain competitive edges, restrain competitors and seek optimal economic performance by selection of appropriate IP strategies. This article also proposes ways to select IP strategy based on BCG matrix and product mix.

Introduction

‘IP’ refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness. An IP right is thus a legal right, which is based on the relevant national law encompassing that particular type of intellectual property right. Such a legal right comes into existence only when the requirements of the relevant IP law are met and, if required; it is granted or registered after following the prescribed procedure under that law. All countries around the world have a national legal system of intellectual property rights which has developed over varying periods of time during the last 150 years or so. It has enabled the grant of property-like rights over such new knowledge and creative expression of mankind, which has made it possible to harness the commercial value of the outputs of human inventiveness and creativity. This is usually done by its orderly use, exchange or sharing it amongst various types of business partners in a complex network of strategic relationships that generally work harmoniously during the new product development process for creating and marketing new and improved goods and services in domestic and export markets.

IPR is a tool for Innovation and reward for it. Innovations are concerned with the commercialization of new ideas; in contrast, an ‘invention’ may not be directly associated with commercialization. As such, innovation may be seen as a process of interaction and feedback during the various stages of the new product development process. An invention is considered as the generation of a new idea or knowledge, which aims to solve a specific technical problem. Inventions could relate to products or processes and are characteristically protected by trade secrets, utility models/petty patents or patents. Utility models/petty patents or patents are granted/registered under the relevant national/regional law by the relevant national or regional patent office. As not all inventions are commercialized, so it is clear that not all inventions result in innovations.

Abstract

The two most important tasks for a patentee to undertake after being granted a patent, in any patent regime, would be to pay the renewal fees necessary to keep the patent alive, and provide proof of having worked the patent in the jurisdiction. This article seeks to highlight features of India’s legal requirements with regard to the working of patents on a commercial scale. The number of patents granted in a country is an indicator of the technological strength of the country. However, it should be noted that actual technological growth depends upon the working of patents. Working of a patent means the commercial exploitation of the invention that is embodied in the patent.

I. CHALLENGES TO CYBERSPACE

The problems and prospects of copyright and information technology need to be deliberated in the context of present day jurisprudence. The subject is referable to the extensive use of information technology all over the world which has resulted in enhanced efficiency, effectiveness and optimum use of resources. The copyright law is concerned with the negative right of preventing copying of the physical material in the field of literature and arts. Trade and Merchandise Marks Act protects the patent, trade mark and design giving the registered proprietor an exclusive right to the registered material. The prohibition contained in rights in patent and copyright extend to the unauthorised manufacture or reproduction, so long as the exclusive right rests. Copyright has been held to be not the mere creature of the statute but a natural and civil right. The moral basis of the copyright is that the man is entitled to the fruits of its mental faculties as much as he is entitled to the fruits of his mechanical labour. The law rests on the English Commandment - thou shall not steal. It does not permit one man to make a profit and appropriate himself what has been produced by the labour, skill and capital of another. Blackstone in his commentaries Vol.II at page p.406 has stated:

There is still another aspect of property and this is the right which an author may be supposed to have in his own original literary compositions: so that no other person without his leave may publish or make profit of the copies. When a man by the exertion of his rational powers has produced an original work, he seems to have clearly a right to dispose of that identical work as he pleases and any attempt to vary the disposition he has made to it appears to be an invasion of that right.

I. INTRODUCTION

The Websites are soaked in information, much of it with varying degrees of copyright protection. In fact, the reality is that almost everything on the Net is protected by copyright law. E-business Websites are a composition of materials, often consisting of words, graphics, audio, and video that are expressed to the consumer as information content. The owners and Website developers carefully select the content to sell the company’s product or service. The subject matter expressed in the site is an electronic publication of this content. Since, designing, producing, and maintaining a sophisticated Website is very expensive, protecting content ownership is extremely important. Electronic commerce will continue to be highly competitive. As Websites become more and more interactive with consumers, their creation, design, and maintenance place enormous demands on innovative marketing techniques that should be legally protected.

Never before has it been so easy to violate a copyright owner’s exclusive right to copy the material. Everyone with a computer and an Internet connection creates his own Web pages and thus become a publisher. Hence the rules that once applied to only a few companies bind million of people now. Imagine having paid a Website developer hundreds of thousands of rupees to launch a killer application and acquiring millions of Rupees from a venture capitalist firm, only to discover that another e—business is using your online material. Or consider a scenario where your Website is linked to an e-business that displayed copyrighted material without the owner’s consent. Could your company be liable under a theory of copyright infringement? This paper highlights the scenario when contents of your Website are exploited by others without your permission or knowledge. The discussion is centered on copyright issues involved in the practices of linking, inlining and framing technologies which are normally being used on the Internet.

I. INTRODUCTION

Information technology has heralded a new era of Communication System. It has revolutionized the whole commercial world. The mother earth looks like a global village where people sitting thousands of miles away can talk face to face, like people sitting across the table. Business men and consumers are using computer to create, transmit and store information in the electronic form. Traditional form of paper documents are being discarded for the reason that electronic method is Cheaper, easier to store, retrieve and communicate. Though these advantages are obvious but people were reluctant to transact business in electronic form due to lack of legal frame work, validating these transactions. All the paper transactions involved writing and signature to conclude them. These writings and signatures posed a great hurdle for electronic governance and electronic commerce for validating and enforcing them. The law of Evidence is based on paper made documents which should have been signature. Since electronic commerce eliminates the need for paper based transactions, hence to facilitate e-commerce the need for legal change has become an urgent necessity. International trade, though the medium of e-commerce, is growing by leaps and bounds for the past few years. Many countries have switched over from traditional paper based commerce to e-commerce. The instantaneous means of communications through internet have been a great menace to copy right in different areas David Teather from London has reported that the International Federation of the Phonographic Industry say that the market in year 2000 was worth $36.9 billion, a fall of 1.3 per cent on the previous year. The biggest decline in the sale of C.D. singles was 39% and globally it fell by 14%. The growth in popularity of Napster and to contain the damage. Napster is in the process of removing copyrighted material from its site.¹ But the powers of the computer are so great that the law enforcement agencies are facing a real challenge to contain its onslaught. Internet telephony is a common sight at cyber cafe, despite the fact that it is illegal.2 B.B. Nanda and R.K.Tewari observe that “ internet paedophilia, computer network break-ins, industrial espionage, Child pornography password sniffling, spoofling, telecommunications fraud, software piracy, e- mail bombing and spamming, and the availability of illicit or unlicensed products and services are offences already making themselves felt. Emerging problems include credit card fraud, cyber terrorism, cyber laundering and criminal use of secure internet communications. The huge growth of internet will breed cyber fraud with great ease especially in the area of share-holdings of companies.3 The present weak electronic system of payment without adequate safeguard is posing a serious risk for unauthorised withdrawals from banks and counter money laundering operations. Software piracy is a boom business and video and phonographic industries are sinking day by day globally.4 The UNCITRAL Model law provides for equal legal treatment of users of electronic communication and paper based communication. In pursuance of a declaration made ‘by Member Countries, the World Trade Organisation (WTO) is about to form a work programme to handle its work in this area including the formation of multilateral trade deals through the medium of electronic commerce. The paper discusses, briefly, the meaning of cyber space the origin and development of intemet and e commerce its uses and abuses. Certain provisions relating to Information Technology Act, 2000 have been briefly discussed to apprise oneself about its effectiveness in meeting the challenges posed by e commerce in different areas.

I. INTRODUCTION

In a global, knowledge-based economy, Intellectual Property Rights (IPRs) are a key to the international competitiveness of both nations and firms. International competition in the traded goods increasingly contains a high degree of innovation. IPRs have thus; become a trade issue and a major component of the World Trade Organisation (WTO). Adequate IP protection at an international scale has become essential for appropriating global revenue streams to support investments in developing state of- the- art technology. Although the concept of intellectual property is very old, there appeared the need to harmonize laws to facilitate international trade and free flow of technology. This became very necessary because it was difficult to obtain sufficient protection in the other countries of the world, in view of the disparity in the laws in each country. As per World Intellectual Property Organisation (WIPO) definition, intellectual property refers to creations of the mind, inventions, literary and artistic works, symbols, names, images and designs used in commerce. Broadly, intellectual property is divided into two categories. The first category covers industrial property, which includes patents, industrial designs and trademarks, all of which have industrial applications. The other refers to copyright laws, which are applied to such things as literary, dramatic and artistic works; rights relating to performing artists, the production phonograms and rights of broadcasters in their radio and television programs.¹ Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting and plastic, to ballpoint pens and microprocessors. During a time when the future of many industries seems uncertain, one industry in particular appears to be positioned for expansion and enduring success. This is the biotechnology industry, which according to some analysts will be a major driving force behind the new economy of the 21st century.2 This seemingly lofty prediction is based in large part on the immense promise offered by biotechnology. The innovations developed with biotechnological techniques promise to prolong and improve our lives and the world we live in by achieving advancements in health care, agriculture, food products and production, industrial processes and environmental preservation. Biotechnology is not a new science and it has existed in some form or the other for centuries. Biotechnology in one form or another has been part of human development since the dawn of agriculture. Human ingenuity has led to increased production and greater diversity and quality of livestock and varieties of crops. Today’s food crops and domestic animals embody the benefits of many generations of selection and breeding. However, the advent of genetics has opened exciting opportunities in this sector, because of its numerous applications, which range from improvement of human health and food production to reduction of environmental damage. These opportunities are also coupled with controversies that not only challenge the laws within which society functions, but also our ethical and religious beliefs.

I. INTRODUCTION

Over the last few decades, protection of intellectual property rights (IPRs) has become a global issue. The existing international intellectual property rights regime has been governed by the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement.1 Inspite of maturity of intellectual property laws in post TRIPS era it still desiderate to established coherence with human rights laws particularly right to health and maintain a distance with the socio-economic dimension of intellectual property protection. On the other hand the international human rights instruments from the very beginning appear to be considerable to make certain links with intellectual property rights.2 The issue that is now debated that the adoption of the TRIPS Agreement provisions have serious impact on the realization of certain basic human rights such as the right to health because of non availability and affordability of much needed medicines for the poorer populations of the world particularly in majority of developing countries. Meanwhile TRIPS flexibilities as confirmed by the Doha Declaration on Public Health were adopted in 2001 by the global community to address medicines as public health issue.3 Keeping in view the above developments the problem of right to health and the relationship between medical patents and access to medicine in the case of the HIV/ AIDS and T.B epidemics is complex challenge in the context of the 2030 Agenda for Sustainable Development Goals in 2015 adopted by Member States of the United Nations in Sep, 2015. One of the aims of the agenda is to ensure healthy lives and promote the well-being of people of ages.4 In such a situation it is high time to revisit the existing intellectual property regime in the broader context to protect everyone who is likely to be negatively affected by intellectual property standards imposed by developed nations. Under this backdrop the present paper wishes to examine the various kinds of potential impacts of intellectual property regime on the realization of access to medicine as part of human right to health as universal entitlements amongst the most disadvantaged and marginalized peoples and communities in the broader context of sustainable development goals.

I. INTRODUCTION

Procedural remedies for the infringement of one’s right are not enough by themselves unless they result in some reliefs of substantive nature whereby it can reasonably be said that these reliefs, temporary or permanent, as the case may be, are enough in the circumstance to make good or, say, compensate the genuine loss of the aggrieved party to an infringement suit. The substantive remedies available to a successful plaintiff at any stage in any suit for patent infringement could, however, be derived from the express as well as by necessary implication of the provisions of the Patents Act, 1970 dealing with the “Reliefs in suit for infringement”. Its Sec. 108 declares in terms quoted below:

I. INTRODUCTORY OUTLINE

The post-Vienna legal phase is remarkably known for revolutionary changes across the global wherein the third generation of human rights became the hallmark for the comity of nations and a liberational instrument to come out of nightmarish experiences of poverty and hunger.1 On the other hand the post-GATTised legal ordering is known for much publicized and debatable conclusion of Trade Related Aspect of Intellectual Property Rights (TRIPs) and creation of World Trade Organisation (WTO).2 This new jurisprudential polemics soon evoked fierce scrutiny from the stand point of human right and poverty among third world countries.3 At home, it is dubbed as ‘bleeding operation with the dubious promise of benign global competition’, ‘de facto nullity of constitutional goal of social welfare’ and ‘contra- constitutional coup.4 Since India has become a member of WTO it indulged into massive rehabilitation and fundamental mutation of IPR regime. Despite the fact that it has a stark distinction of being a grain- surplus and food and livelihood insecure country. An inventory of over forty five million tonnes of wheat and rice in granaries remains ready for consumption. On the other hand over two hundred fifty million people generally go to bed partially hungry every day. There is a near consensus on the need to banish hunger but the realities on the ground remain that even at the risk of raising hopes the goal of food security may not be realized for generations.5 At home under the cover of food security the government is keeping millions of tonnes of food out of reach of the poor people.6 In fact India’s record breaking 200 plus million tonnes harvest is the result of steep fall in purchasing power of poor. The myth of surplus is based on sending hundreds of millions of human being hungry to their beds.7 Taken to its logical end we have abundance of food, surplus of hunger and scarcity of vision under the garb of food security.8

I. MANDATE OF COPYRIGHT LAW

The importance of intellectual property rights has arisen in recent years to a great extent. The law of copyrights protects original forms of expression i.e. Novels, Movies, Musical compositions and computer software etc. Earlier it was mainly confined to the -published Work and owner of it could prevent others from getting it published in the form of books or articles in order to get benefit in terms of money or goodwill or reputation. In case of such undue enrichment, the owner had a valid cause of action. The owner of the copyright has a valid cause of action against the violator. At present even in case of its adoption and translation or abridgement, it is obligatory to have consent of author. The main purpose and object of copyright law is to protect the expression in any other form from unauthorized use. Since 1847, the copyrights law is in developing stage so, many legislations has been enacted.1 With the changing of times, the meaning of expression also changes and the style of exhibit the things also changed. The right of author who gives expression in any form is protected from unauthorized use.