A

PROJECT ON

INTELLECTUAL PROPERTY RIGHTS AND AGRICULTURE WITH

REFFRENCE TO KOBE BEEF

SUBMITTED TO

MR. SUSHIL JAIN SIR

(FACULTY)

SUBMITTED BY

AFSANA BEGUM

USHA BHAGAT

B.COM. LL.B

9th SEMESTER

SCHOOL OF LAW
GURU GHASIDAS UNIVERSITY, BILASPUR
WWW.GGV.AC.IN
DECLARATION

I hereby declare that this project entitled “Intectual property rights and agriculture
with reference to kobe beef” is completed under the supervision of Mr. sushil jain
sir is the original piece of work of undersigned.All information provided here are
to the best of my knowledge All information in this document has been obtained
and presented in accordance with academic rules and conduct. It is not submitted
to any other organization for any other purpose.I am indebted to the authors of the
books I referred for the project and the writers of the articles of websites I relied
upon.

Afsana begum. FACULTY SIGNATURE

Usha bhagat
B. COM.LL.B 9TH SEM
 CERTIFICATE

I am glad to submit this project as a part of my academic assignment. It is

certify that, the original and genuine research work is carried out t investigate
about the subject matter and the related data collection.

I have taken proper care and shown utmost sincerity in this project.

Hereby I hope the project proves satisfactory to authorities and informative to

readers.Further, hoping that it up to the expectation of people in concern and is
according to the prescribed guidelines.

Afsana Begum FACULTY SIGNATURE

Usha Bhagat

B.COM LL.B 9TH SEM

ACKNOWLEDGEMENT

Primarily, it would be my pleasure to express my sincere thanks to Mr. SHUSHIL

JAIN SIR of his helping hand. His guidance and constant supervision for project are
responsible for attaining its present form. I am grateful to him for extension of his
helping hand towards me.Then, I would like to express my gratitude to my seniors
and my fellow classmates for their whole hearted cooperation and support.

I would also thank my parents for their constant motivation and shall remain
indebted to them.

Lastly, I am thankful to each and every person who has contributed towards this
project.

Afsana Begum FACULTY SINGNATURE

Usha bhagat

B.COM LL.B 9TH SEM

 Synopsis

Topic :- INTELLECTUAL PROPERTY RIGHTS AND AGRICULTURE WITH

REFFRENCE TO KOBE BEEF
• Introduction.

• objectives :-

- To understand the concept of Intellectual property rights.

- To understand the concept of kobe Beef.

- To discuss about the history of kobe Beef.

- To understand the agricultural law with refference to kobe Beef.

• AIMS :-.
- The aim of this assignment is to understand the concept of Intellectual
property rights and agriculture law with refference to kobe Beef

- Deal about the various provision regarding kobe Beef.

• SCOPE :-

- the Kobe beef is the most expensive beef of Japan .it also called wagyu beef.

- Intellectual property (IP) pertains to any original creation of the human intellect such
as artistic, literary, technical, or scientific creation.

• RESEARCH QUESTION :-

- what is the meaning of intellectual property rights ?

- what do you mean by the Kobe beef ?

- deal about the provisions regarding kobe beef ?

- write about agriculture law with refference to kobe Beef ?

RESEARCH METHODOLOGY :-

- The reasearch of this doctrinal which only utilizes secondary sources of data for the
completion of the dissertation, It also utilizes the help of books for better
understanding of various laws relating to agriculture law with refference to kobe Beef.

• conclusion.

• BIBLIOGRAPHY.

Abstract
Intellectual property rights (IPR) have been defined as ideas, inventions, and creative
expressions based on which there is a public willingness to bestow the status of property. IPR
provide certain exclusive rights to the inventors or creators of that property, in order to enable
them to reap commercial benefits from their creative efforts or reputation. There are several
types of intellectual property protection like patent, copyright, trademark, etc. Patent is a
recognition for an invention, which satisfies the criteria of global novelty, non-obviousness, and
industrial application. IPR is prerequisite for better identification, planning, commercialization,
rendering, and thereby protection of invention or creativity. Each industry should evolve its
own IPR policies, management style, strategies, and so on depending on its area of specialty.
Pharmaceutical industry currently has an evolving IPR strategy requiring a better focus and
approach in the coming era.

Keywords: Drug, intellectual property, license, patent, pharmaceutical

INTRODUCTION
Intellectual property (IP) pertains to any original creation of the human intellect such as artistic,
literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal
rights given to the inventor or creator to protect his invention or creation for a certain period of
time.These legal rights confer an exclusive right to the inventor/creator or his assignee to fully
utilize his invention/creation for a given period of time. It is very well settled that IP play a vital
role in the modern economy. It has also been conclusively established that the intellectual labor
associated with the innovation should be given due importance so that public good emanates
from it. There has been a quantum jump in research and development (R&D) costs with an
associated jump in investments required for putting a new technology in the market place. The
stakes of the developers of technology have become very high, and hence, the need to protect
the knowledge from unlawful use has become expedient, at least for a period, that would
ensure recovery of the R&D and other associated costs and adequate profits for continuous
investments in R&D. IPR is a strong tool, to protect investments, time,
money, effort invested by the inventor/creator of an IP, since it grants the inventor/creator an
exclusive right for a certain period of time for use of his invention/creation. Thus IPR, in this
way aids the economic development of a country by promoting healthy competition and
encouraging industrial development and economic growth. Present review furnishes a brief
overview of IPR with special emphasis on pharmaceuticals.

BRIEF HISTORY IPR

The laws and administrative procedures relating to IPR have their roots in Europe. The trend of
granting patents started in the fourteenth century. In comparison to other European countries,
in some matters England was technologically advanced and used to attract artisans from
elsewhere, on special terms. The first known copyrights appeared in Italy. Venice can be
considered the cradle of IP system as most legal thinking in this area was done here; laws and
systems were made here for the first time in the world, and other countries followed in due
course. Patent act in India is more than 150 years old. The inaugural one is the 1856 Act, which
is based on the British patent system and it has provided the patent term of 14 years followed
by numerous acts and amendments.

Agriculture law
Agricultural law, sometimes referred to as Ag Law, deals with such legal issues as agricultural
infrastructure, seed, water, fertilizer, pesticide use, agricultural finance, agricultural labour,
agricultural marketing, agricultural insurance, farming rights, land tenure and tenancy system
and law on Agricultural processing and rural industry. With implementation of modern
technologies, issues including credit, intellectual property, trade and commerce related to
agricultural products are dealt within the sphere of this law.

Simply put, agricultural law is the study of the special laws and regulations that apply to the
production and sale of agricultural products. "Agricultural exceptionalism," i.e., the use of legal
exceptions to protect the agricultural industry, is pervasive, worldwide. American law schools
and legal scholars first recognized agricultural law as a discipline in the 1940s when law schools
at Yale, Harvard, Texas, and Iowa explored and initiated agricultural law courses. These early
efforts were short-lived, however, and agricultural law as a distinct discipline did not resurface
for three decades. In 1979, a scholarly journal, The Agricultural Law Journal was initiated. In
1980, the American Agricultural

Law Association was formed and an advanced law degree program, the LL.M. Program in
Agricultural Law was founded at the University of Arkansas School of Law. In 1981, a fifteen
volume Agricultural Law Treatise was published and in 1985, the first law school casebook,
Agricultural Law: Cases and Materials was published by West Publishing.

KOBE BEEF
Kobe beef (神戸ビーフ, Kōbe bīfu) pronounced [koːbe biːɸɯ] is Wagyu beef from the Tajima
strain of Japanese Black cattle, raised in Japan's Hyōgo Prefecture according to rules set out by
the Kobe Beef Marketing and Distribution Promotion Association. The meat is a delicacy, valued
for its flavor, tenderness, and fatty, well-marbled texture. Kobe beef can be prepared as steak,
sukiyaki, shabu-shabu, sashimi, and teppanyaki. Kobe beef is generally considered one of the
three top brands (known as Sandai Wagyu, "the three big beefs"), along with Matsusaka beef
and Ōmi beef or Yonezawa beef.

Kobe beef meal served in a steakhouse in Kobe

Kobe beef is also called Kobe niku (神戸肉, "Kobe meat"), Kobe-gyu (神戸牛) or Kobe-ushi (神
戸牛, "Kobe cattle") in Japanese.

History of kobe beaf

Cattle were brought to Japan from China at the same time as the cultivation of rice, in about
the second century AD, in the Yayoi period.209 Until about the time of the Meiji Restoration in
1868, they were used only as draught animals, in agriculture, forestry, mining and for transport,
and as a source of fertiliser. Milk consumption was unknown, and – for cultural and religious
reasons – meat was not eaten.

Japan was effectively isolated from the rest of the world from 1635 until 1854; there was no
possibility of intromission of foreign genes to the cattle population during this time. Between
1868, the year of the Meiji Restoration, and 1887, some 2,600 foreign cattle were imported,
including Braunvieh, Shorthorn, and Devon. Between about 1900 and 1910 there was extensive
cross-breeding of these with native stock. From 1919, the various heterogeneous regional
populations that resulted from this brief period of cross-breeding were registered and selected
as "Improved Japanese Cattle". Four separate strains were characterized, based mainly on
which type of foreign cattle had most influenced the hybrids, and were recognized as breeds in
1944. These were the four wagyū breeds, the Japanese Black, the Japanese Brown, the
Japanese Polled and the

Japanese Shorthorn.The Tajima is a strain of the Japanese Black, the most populous breed
(around 90% of the four breeds).
Beef consumption remained low until after World War II. Kobe beef grew in popularity and
extended its global reach in the 1980s and 1990s.

In 1983, the Kobe Beef Marketing and Distribution Promotion Association was formed to define
and promote the Kobe trademark. It sets standards for animals to be labeled as Kobe beef.

In 2009, the USDA placed a ban on the import of all Japanese beef to prevent the Japan foot-
and-mouth outbreak from reaching US shores. The ban was relaxed in August 2012 and
thereafter Kobe beef was imported into the US.

Competition From America

In the recent past, American ranchers began to produce a version of Kobe beef that is similarly
high in quality, but somewhat lower in price. American style Kobe beef comes from Wagyu
cows that were bred and raised in America . Usually, a rancher will import a few live Wagyu
cattle from Japan, and start a herd from there. A great deal of the American Kobe-style beef is
marketed in Japan, (where top grade true Kobe beef sells for hundreds of dollars per pound) to
those who want high quality beef, but can not afford genuine Kobe beef.

In order to remain competitive with the American ranchers in Japanese markets, some
Japanese ranchers began shipping young cattle to the United States (where land and feed are
less expensive and more plentiful) to be raised, then importing the butchered meat, and selling
it as true Kobe beef. This meat could technically be sold as true Kobe beef because it was
produced in the Kobe region, and raised according to the exacting standards set by the
government and the ranchers. However, since the cattle are actually raised in America, it is
questionable whether this beef should be considered true Kobe beef. It is also questionable
because the American-raised cows do not receive the same feed, as they are given American
grass and grain rather than the more expensive Japanese feed.

The Market for Kobe Beef

Although its popularity is increasing worldwide, the market for Kobe beef is still rather limited
to the very wealthy. In most cases, the high prices mean that few people are willing or able to
pay for Kobe or Wagyu beef on a regular basis. For example, a single 16 ounce Wagyu
Porterhouse steak from Lobel's, a well-known butcher shop in New York, costs $98.98. A slightly
larger (18 ounce) Prime grade Porterhouse from Lobel's is $48.98 , while a 24 ounce Choice
grade Porterhouse (which can be found in most supermarkets) retails for approximately $21. In
Japan, a true Kobe steak of comparable size would be hundreds of dollars. For those in the
United States who are willing to pay, American style Kobe beef has only recently become
available on a limited basis. In the Washington D.C. area, Sunnyside Farm sells American-style
Kobe beef at many farmers' markets, including the FreshFarm Market in Dupont Circle.
Otherwise, the beef must be specially ordered, found at a specialty market, or eaten at one of a
few restaurants. The limited supply is due, in part, to limited demands of the American
consumers, but more so to extensive exporting (in large quantities) to Japan . In fact, last year,
according to the USDA, “Nearly one-third, or about 240,000 tons, of all beef eaten annually by
the Japanese [came] from the United States . That account[ed] for a $1 billion export for the US
cattle industry”.

The most recent development in beef trade in Japan stems from the issue of Bovine Spongiform
Encephalopathy (BSE or mad cow disease), which was found in the United States in a Canadian
cow. The mad cow scare caused the Japanese to ban all imports of American beef, unless the
USDA tested each animal for BSE. While the American cattle industry certainly wants to resume
exporting to Japan , they believe that such thorough testing is unnecessary and uneconomical.
In October 2004, however, Japan consented to allow importing beef from cows under the age
of 20 months (at which age cows are supposed to be safe from BSE), with the possibility of full
trade resuming in July 2005 .

The lore of Kobe beef is part of what makes it special, and the rumors surrounding its
production encourage people to try it for the first time. If not for the geographic isolation, the
farmers in Kobe would have never bred selectively the Wagyu cattle for the most succulent
meat, nor would they have created the fabled beer diet, Sake rubs, or massages that contribute
to the beef's flavor. Since few (if any) farmers are willing to share their secrets (or confirm the
rumors), it is impossible to produce true Kobe beef anywhere else in the world. While many
American ranchers produce Kobe style beef

from cattle that are similar, they do not necessarily receive the same treatments or have the
same genetic background. Therefore, the Japanese culture that surrounds Kobe beef (especially
its exclusivity and renown) is threatened by American attempts to join the market.

Agriculture law with refference to kobe Beef in india

Beef is the culinary name for meat from dairy cattle, especially skeletal muscle. Since ancient
times people have been eating beef. Beef is an excellent source of protein and carbohydrates.
India is the third most consumer of meat in the world and it produces 25% of meat production
in the world. The respective countries i.e. USA, Brazil, and China are the world’s largest
consumers of beef. In Hinduism, cows are considered sacred and they have abstained from
eating beef due to their belief and custom.

Cows slaughter is a disputable point in India in view of the cow’s religious status and regarded
as a living being in Hinduism, Sikhism, Jainism, rather than being considered as an adequate
source of meat by numerous in Islam, Christianity, and also a few other religions. All the more
particularly, the cattle slaughter has been evaded on account of various reasons, for example, is
related to God Krishna in Hinduism, cows being regarded as an integral life of Hinduism and a
fundamental financial need for rural people. Cow slaughter has additionally been restricted by
different Indian religions on account of the moral guideline of Ahimsa (peacefulness) and the
confidence in the solidarity of all life.

Article 48 of Indian constitution- “Organization of agriculture and animal husbandry- The

state shall endeavor to organize agriculture and animal husbandry on modern and scientific
lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting
the slaughter, of cows and calves and other draught cattle.”

Meat dishes were constrained off in Maharashtra, the nation's second most populated state,
which likewise imprints Mumbai, broadened a restriction on animal slaughter and those who
indulged in slaughtering will deserve up to five years imprisonment and Rs

10,000 fine. The state of Haryana too passed a comparative enactment. Likewise talking on a
truthful premise there are just 7 States and UT's at the present minute which don't have
enactment concerning the butcher of bovines.

RELIGIOUS PERSPECTIVES REGARDING CATTLE

Because of the multiple benefits of beef, cultures and sects have different beliefs about
livestock. Slaughtering cattle is prohibited in some regions, particularly Nepal and most states in
India, and their meat may be taboos. Throughout world religions including Hinduism, Jainism,
Buddhism, Zoroastrianism, and others, cattle are considered sacred. In many cultures, cattle
played major roles including those in ancient Egypt, ancient Greece, ancient Israel, ancient
Rome, and ancient Germany. Basically, there will be more emphasis on 2 major religions of the
country.
LEGISLATION FOR BEEF BAN IN INDIA
CONSTITUTIONAL PROVISIONS REGARDING CATTLE PROTECTION

In India, there are many provisions in the Constitution which itself is banning beef in India. It
means that the lawmakers which framed the Constitution itself in 1950 were against the ban of
beef in India.

In the State list, there is a provision of the “Preservation, protection and improvement of stock
and prevention of animal diseases; veterinary training and practice” and the “Ponds and the
prevention of cattle trespass” in the 15th and 16th entry respectively for cattle preservatioe
power to make laws regarding the beef ban in India. Similarly under Article 48 i.e. Article under
the Directive Principle of State Policy of the Indian Constitution prohibits cow slaughter. It
states that “Organisation of agriculture and animal husbandry The State shall endeavour to
organize agriculture and animal husbandry on modern and scientific lines and shall, in
particular, take steps for preserving and improving the breeds, and prohibiting the slaughter, of
cows and calves and other milch and draught cattle.”

CONCLUSION
Intellectual property (IP) pertains to any original creation of the human intellect such as artistic,
literary, technical, or scientific creation.Agricultural law, sometimes referred to as Ag Law, deals
with such legal issues as agricultural infrastructure, seed, water, fertilizer, pesticide use,
agricultural finance, agricultural labour, agricultural marketing, agricultural insurance, farming
rights, land tenure and tenancy system and law on Agricultural processing and rural
industry.Kobe beef (神戸ビーフ, Kōbe bīfu) pronounced [koːbe biːɸɯ] is Wagyu beef from the
Tajima strain of Japanese Black cattle, raised in Japan.In India, there are many provisions in the
Constitution which itself is banning beef in India