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Kosmos
Astronomia Astrofizyka
Inne

Kultura
Sztuka dawna i współczesna, muzea i kolekcje

Metoda
Metodologia nauk, Matematyka, Filozofia, Miary i wagi, Pomiary

Materia
Substancje, reakcje, energia
Fizyka, chemia i inżynieria materiałowa

Człowiek
Antropologia kulturowa Socjologia Psychologia Zdrowie i medycyna

Wizje
Przewidywania Kosmologia Religie Ideologia Polityka

Ziemia
Geologia, geofizyka, geochemia, środowisko przyrodnicze

Życie
Biologia, biologia molekularna i genetyka

Cyberprzestrzeń
Technologia cyberprzestrzeni, cyberkultura, media i komunikacja

Działalność
Wiadomości | Gospodarka, biznes, zarządzanie, ekonomia

Technologie
Budownictwo, energetyka, transport, wytwarzanie, technologie informacyjne

Journal of Intellectual Property Rights (JIPR)

  • Title: Territoriality and Jurisdiction in EU IP Law

    Authors: Cook, Trevor

    Abstract: Almost every type of intellectual property
    right is territorial in nature, and although in the EU some EU-wide unitary
    intellectual property rights exist, corresponding national rights also persist
    in most areas of intellectual property in the EU, and will continue so to do. The
    increasingly international nature of trade and the increasingly dematerialised
    nature of much content provision has meant that national courts in the EU and
    sometimes the Court of Justice of the EU are ever more often called on to
    review how national courts should address questions of how the EU principles of
    jurisdiction apply to such national intellectual property rights.

    Page(s): 293-297

    http://nopr.niscair.res.in/handle/123456789/29292 2014/08/22 - 20:52
  • Title: Comparative Issues on Copyright Protection for Films in the US and Greece

    Authors: Petridis, Sotiris

    Abstract: Film protection by copyright has both advantages and disadvantages. This article deals with the legal protection of films in Greece and the United States of America. The aim is to demonstrate the differences between the laws of these two countries by examining specific issues concerning the protection of films, such as protection of fictional characters and plots in filmic texts.

    Page(s): 282-292

    http://nopr.niscair.res.in/handle/123456789/29291 2014/08/22 - 20:52
  • Title: Internet Intermediary (ISP) Liability for Contributory Copyright Infringement in USA and India: Lack of Uniformity as a Trade Barrier

    Authors: Kumar, Aakanksha

    Abstract: With the internet today transcending all
    national boundaries, the protection of IP and penalising its infringement over
    the ‘world-wide-web’ has become even more difficult, given the territorial
    nature of the grant of the intellectual property right. Moreover, while hosting, routing, and linking to
    these ‘infringing material harbouring’ - sites or services, internet service
    providers (ISPs) themselves become vulnerable to charges of copyright
    infringement. The law in the US has since long, been very strict against ISPs
    for contributory/ secondary copyright infringement. However, India has only
    recently enacted a legal provision dealing with ISPs. The lack of it has been
    one of the main reasons for delay in the Indo-US free trade agreement. Although,
    India has not ratified the WIPO internet treaties, and hence not obligated to
    have an enforceable ISP liability law, India’s 2012 Copyright Amendment Act
    read together with Sections 79 and 81 of the Information Technology Act and the
    May 2011 Guidelines for Internet Intermediaries constitute comprehensive legal
    provisions to fix ISP liability. This paper seeks to highlight the salient
    features of the ISP liability laws in India and the US and discuss how, even
    with the new law, differences still remain, leading to continued trade-relation
    barriers.

    Page(s): 272-281

    http://nopr.niscair.res.in/handle/123456789/29290 2014/08/22 - 20:52
  • Title: Problems of Enforcement of Patent Law in China and its Ongoing Fourth Amendment

    Authors: Zhan, Ying

    Abstract: Enforcement of patent law has been a bone of
    contention not only in the western countries but within China too and most
    agree that the principal issue has more to do with inadequate enforcement rather
    than the legislation itself. While the developed countries are more critical of
    China,
    other international organizations and scholars from developing countries have different
    views. Chinese legislators believe that the major problems in China’s patent
    enforcement are ‘difficult evidence rules, long cycle length, high cost, low
    compensation, and poor result’. In fact, the root causes of these
    problems are China’s
    low level of economic development and the rule of law, as well as the Chinese traditional
    culture. To solve those problems, China started the fourth amendment
    to its Patent Law in November 2011. If the amendment is approved, together with
    other fundamental reforms, China’s
    patent enforcement is expected to improve gradually.

    Page(s): 266-271

    http://nopr.niscair.res.in/handle/123456789/29289 2014/08/22 - 20:52
  • Title: The New EU Guidelines on Technology Transfer Agreements

    Authors: Cook, Trevor

    Abstract: The recent revision by the European
    Commission of its Guidelines on Technology Transfer Agreements, as well as the
    Block Exemption which accompanies it, granting a safe harbour from competition
    law challenge for certain such agreements, makes it timely to review how these
    revisions reflect some of the recent controversies that have arisen at an EU
    level as to relationship between intellectual property and competition law.

    Page(s): 229-233

    http://nopr.niscair.res.in/handle/123456789/28930 2014/06/14 - 16:24
  • Title: The New EU Guidelines on Technology Transfer Agreements

    Authors: Cook, Trevor

    Abstract: The recent revision by the European
    Commission of its Guidelines on Technology Transfer Agreements, as well as the
    Block Exemption which accompanies it, granting a safe harbour from competition
    law challenge for certain such agreements, makes it timely to review how these
    revisions reflect some of the recent controversies that have arisen at an EU
    level as to relationship between intellectual property and competition law.

    Page(s): 229-233

    http://nopr.niscair.res.in/handle/123456789/28930 2014/06/14 - 16:24
  • Title: Industrial Design in Different Jurisdictions: A Comparison of Laws

    Authors: Rahman, Sharifa Sayma

    Abstract: Commercial success of a product nowadays largely
    depends upon its attractiveness and visual appeal. Design
    nourishes creativity in the industrial and manufacturing sector and thereby
    helps to expand commercial activities ultimately leading to economic
    development. For this reason companies use intellectual property laws to
    protect industrial designs which are important tools for branding. Brand names
    affirmed by industrial designs have become the most important strategic factor
    for an increasing number of companies. This article explains how intellectual
    property laws protect design and compares different design protection systems
    in the US, the EU, Australia and Japan. This evaluation shows that design
    protection is considerably different amongst these four developed countries.
    The article also highlights some of the most important cases relating to
    industrial design in these jurisdictions. These four countries account for a
    significant number of design registrations and applications globally. Moreover,
    these countries have innovated and developed
    the industrial design protection system which entails that a rigorous
    comparison of these design systems could provide valuable insights for other
    jurisdictions.

    Page(s): 223-228

    http://nopr.niscair.res.in/handle/123456789/28929 2014/06/14 - 16:24
  • Title: Industrial Design in Different Jurisdictions: A Comparison of Laws

    Authors: Rahman, Sharifa Sayma

    Abstract: Commercial success of a product nowadays largely
    depends upon its attractiveness and visual appeal. Design
    nourishes creativity in the industrial and manufacturing sector and thereby
    helps to expand commercial activities ultimately leading to economic
    development. For this reason companies use intellectual property laws to
    protect industrial designs which are important tools for branding. Brand names
    affirmed by industrial designs have become the most important strategic factor
    for an increasing number of companies. This article explains how intellectual
    property laws protect design and compares different design protection systems
    in the US, the EU, Australia and Japan. This evaluation shows that design
    protection is considerably different amongst these four developed countries.
    The article also highlights some of the most important cases relating to
    industrial design in these jurisdictions. These four countries account for a
    significant number of design registrations and applications globally. Moreover,
    these countries have innovated and developed
    the industrial design protection system which entails that a rigorous
    comparison of these design systems could provide valuable insights for other
    jurisdictions.

    Page(s): 223-228

    http://nopr.niscair.res.in/handle/123456789/28929 2014/06/14 - 16:24
  • Title: Patent Infringement by ANDA Filing

    Authors: Pohl, Mark

    Abstract: Courts are in general designed to adjudicate
    past events (e.g., crimes and torts which have already occurred). Thus, for
    example, proving patent infringement merely requires showing the court the
    on-market product, and comparing it to the patent at issue. United States law,
    however, provides for a fundamentally-different kind of infringement: potential
    future infringement by a future generic pharmaceutical product which does not
    yet exist because it has not yet been approved for marketing. This type of
    infringement requires US courts to adjudicate future events, predicting the
    likely characteristics of the future generic pharmaceutical. In
    requiring a court to adjudicate a potential future event, this type of infringement can pose a unique evidentiary challenge to
    judges. This article discusses how US judges evaluate potential future
    infringement by generic pharmaceuticals in case of a ‘Paragraph (iv)’ challenge
    of the Orange Book listed patents or a potential challenge to the patents
    envisaged on the Paragraph (iv) declaration.

    Page(s): 218-222

    http://nopr.niscair.res.in/handle/123456789/28928 2014/06/14 - 16:24
  • Title: Patent Infringement by ANDA Filing

    Authors: Pohl, Mark

    Abstract: Courts are in general designed to adjudicate
    past events (e.g., crimes and torts which have already occurred). Thus, for
    example, proving patent infringement merely requires showing the court the
    on-market product, and comparing it to the patent at issue. United States law,
    however, provides for a fundamentally-different kind of infringement: potential
    future infringement by a future generic pharmaceutical product which does not
    yet exist because it has not yet been approved for marketing. This type of
    infringement requires US courts to adjudicate future events, predicting the
    likely characteristics of the future generic pharmaceutical. In
    requiring a court to adjudicate a potential future event, this type of infringement can pose a unique evidentiary challenge to
    judges. This article discusses how US judges evaluate potential future
    infringement by generic pharmaceuticals in case of a ‘Paragraph (iv)’ challenge
    of the Orange Book listed patents or a potential challenge to the patents
    envisaged on the Paragraph (iv) declaration.

    Page(s): 218-222

    http://nopr.niscair.res.in/handle/123456789/28928 2014/06/14 - 16:24
  • Title: India’s Options for Improving Affordable Access to Lifesaving Patented Medicines

    Authors: Nair, Gopakumar G; Nair, Karthika; Fernandes, Andreya

    Abstract: On the lines of the cautionary observation
    made by the Hon’ble Supreme Court in Para 156 of the Lordships’ order on
    Gleevec1, the ongoing patent litigations in India seem to be
    equalling or crossing the cost estimates of US patent litigations. Doha
    Declaration has not made affordable access to lifesaving medicines on expected
    lines. Exemptions and legal provisions enshrined in the Patents Act, 1970 (such
    as compulsory licence and regulatory exemptions) are also being denied and
    delayed through protracted litigations burdening the Indian pharma SME sector.
    Provisions of Section 107A(a) of the Patents Act,1970 are also being ignored by
    the Indian judiciary. It is, therefore, desirable to look at and evaluate
    options available to India for improving and facilitating affordable access to
    lifesaving medicines within the Indian patent legal system. Such options are
    discussed in this paper.

    Page(s): 209-217

    http://nopr.niscair.res.in/handle/123456789/28927 2014/06/14 - 16:24
  • Title: India’s Options for Improving Affordable Access to Lifesaving Patented Medicines

    Authors: Nair, Gopakumar G; Nair, Karthika; Fernandes, Andreya

    Abstract: On the lines of the cautionary observation
    made by the Hon’ble Supreme Court in Para 156 of the Lordships’ order on
    Gleevec1, the ongoing patent litigations in India seem to be
    equalling or crossing the cost estimates of US patent litigations. Doha
    Declaration has not made affordable access to lifesaving medicines on expected
    lines. Exemptions and legal provisions enshrined in the Patents Act, 1970 (such
    as compulsory licence and regulatory exemptions) are also being denied and
    delayed through protracted litigations burdening the Indian pharma SME sector.
    Provisions of Section 107A(a) of the Patents Act,1970 are also being ignored by
    the Indian judiciary. It is, therefore, desirable to look at and evaluate
    options available to India for improving and facilitating affordable access to
    lifesaving medicines within the Indian patent legal system. Such options are
    discussed in this paper.

    Page(s): 209-217

    http://nopr.niscair.res.in/handle/123456789/28927 2014/06/14 - 16:24
  • Title: The Rational Basis for FRANDly Courts Denying Injunctive Relief for SEPs Infringement

    Authors: Pai, Yogesh

    Abstract: Increasingly,
    courts across several jurisdictions are unwilling to grant injunctions in cases
    involving infringement
    of Standards-Essential Patents (SEPs), the teleological reason being the
    unfair/inequitable outcomes due to the patentee gaining an additional market
    power not conveyed by the patent. The courts by evaluating the equitable
    factors deny injunctions based on an underlying logic that since a patentee is
    purely interested in deriving royalty on his patents committed by way of
    Fair-Reasonable and Non-Discriminatory (FRAND) licensing offers he may be
    compensated monetarily in lieu of an injunction. However, availability of
    adequate remedy at law coupled with lack of irreparable
    harm due to existence of FRAND commitment is not the only way to explain the
    rational basis for lack of injunctive relief when viewed through a theoretical
    and conceptual prism. This note chronicles the legal construct of patent
    injunctions
    from a comparative law perspective and articulates that the rational basis for
    denial of an injunction for alleged infringement of SEPs is due to patent law’s
    inability to construe the ‘right to exclude’ and its relationship with SEPs
    protected
    market since it is fraught with conceptual and inherent definitional fallacies
    of assessment of ‘market power’ that go beyond the pale of patent law and
    policy.

    Page(s): 146-156

    http://nopr.niscair.res.in/handle/123456789/27812 2014/04/07 - 21:27
  • Title: The Court of Justice Recasts the EU Patent Term Extension System

    Authors: Cook, Trevor

    Abstract: A legal framework providing for de facto patent term extension for
    pharmaceuticals has existed in the EU for over twenty years and a parallel one
    for agrochemicals for nearly fifteen. One might therefore be forgiven for
    thinking that by now the major features of this system were fairly well
    settled. However, the commercial importance of the products that it protects,
    being high value products in regulated sectors that have succeeded in securing
    a marketing authorisation, has meant that the system has attracted a
    disproportionate amount of litigation. The means by which such extension is
    achieved - the Supplementary Protection Certificate regime, and which combines
    concepts from both patent and regulatory law – is a matter of EU law and so is
    ultimately interpreted by a body – the Court of Justice of the EU – whose
    recent judgments in this field have upset settled expectations. The
    consequences of these judgments are still being worked through in the case law,
    but their origins lie in certain decisions made by national courts. This
    article traces how this situation came about and identifies some of the
    uncertainties that remain in the system.

    Page(s): 141-145

    http://nopr.niscair.res.in/handle/123456789/27808 2014/04/07 - 21:27
  • Title: Ghostwriting in Polish Copyright Law – A New Perspective Needed?

    Authors: Jankowska, Marlena Maria

    Abstract: It is worthy of note that the so-called
    ‘ghostwriting’ contracts are subject to much debate under the copyright
    legislation of most countries. There is usually little concern where moral
    rights are perceived as waivable, which appears to be the current situation in
    most common law systems. However, in most civil law systems in continental
    Europe, where it may have been explicitly stated that these rights are not
    transferable (and sometimes unwaivable too), statutory law struggles to find
    the answer as to whether ghostwriting constitutes an unenforceable or even
    illegal activity. Yet, it is known that in the legal doctrine of certain
    countries (Germany, Switzerland) ghostwriting contracts are in principle
    allowed under copyright law. This paper provides a detailed analysis of the
    ghostwriting contract from a ‘hometown’ perspective, which happens to be Polish
    copyright law.

    Page(s): 133-140

    http://nopr.niscair.res.in/handle/123456789/27802 2014/04/07 - 21:27
  • Title: Reflections on Recent Developments of Statutory Public Interests in Patent-based Section 337 Proceedings

    Authors: Yu, Yang

    Abstract: After the recent amendments in 2011 and 2013
    of the Rules of Practice and Procedure by the International Trade Commission
    (ITC), at least from the procedural perspective, complainants presently have been
    burdened with an increased cost of collecting adequate information concerning
    statutory public interests even before putting forward the complaint, in order
    to justify the desired remedy by virtue of indicating no harm to statutory
    public interest. This reflects the ITC’s aspiration to make the final
    determination more precise and equitably justified on the analysis of public
    interest issues, so as to ultimately protect relevant domestic industries in
    terms of curbing intellectual property infringements in imports simultaneously
    without unduly sacrificing certain statutory public interest. Although the
    actual effect of the amendments in the long run still remains to be seen, the
    amendments possibly will generate some desirable results: first, from the
    perspective of law and economics, they are conducive to decrease the possible
    related adverse impacts in terms of negative externalities and increase
    economic efficiency; second, the amendments are also favourable to curb the
    existing ‘patent troll’ suits, although they are currently still not severe, by
    means of adequate considerations concerning statutory public interests, so as
    to optimally achieve the ultimate legislative goal of Section 337 and third, it
    is evident that an interest-balanced approach, in terms of more in-depth
    analysis of public interest, is better than the traditional all-or-nothing
    approach to some extent. Accordingly, a more equitable adjudication in terms of
    a better interests balance can be attained by utilizing the
    interest-balanced approach.

    Page(s): 123-132

    http://nopr.niscair.res.in/handle/123456789/27801 2014/04/07 - 21:27
  • Title: Harmonization of Patent Laws—Still a Dream?†

    Authors: Nair, M D

    Abstract: The paper discusses the need of a system, which will protect an innovation globally and will be acceptable to all nations. In fact, TRIPS Agreement is an attempt in the direction of harmonization of global patent system. Similar efforts made, particularly, at regional levels are described. The author discusses briefly about the Patent Cooperation Treaty (PCT) and its advantages.

    Page(s): 58-61

    http://nopr.niscair.res.in/handle/123456789/27378 2014/04/04 - 23:37
  • Title: The Subtle Inequalities of Copyright†

    Authors: Altbach, Philip G

    Abstract: The paper discusses in detail the copyright provisions in TRIPS Agreement, effects of technological advances on copyright, responsibility of copyright holders, and steps to be taken to help developing countries gain access to the world's knowledge and build up their own publishing industries.

    Page(s): 50-57

    http://nopr.niscair.res.in/handle/123456789/27377 2014/04/04 - 23:37
  • Title: Brand Valuation

    Authors: Lall, Amar Raj; Khurana, Vinod

    Abstract: This article aims to provide an outline of some of the issues arising in connection with brand valuation in the changing economic scenario. Types of brands, their valuation, intangible and tangible benefits of brand valuation are discussed.

    Page(s): 46-49

    http://nopr.niscair.res.in/handle/123456789/27376 2014/04/04 - 23:37
  • Title: Adoption and Implementation of Intellectual Property Rights: Experiences of Selected Countries†

    Authors: Mysore, Sudha

    Abstract: The new global trade order, initiated at
    the Uruguay
    round of global trade negotiations culminated in the establishment of the World
    Trade Organization (WTO). One of the important prescriptions of the new trade
    rules in the form of Trade- Related Intellectual Property Rights (TRIPS)
    includes the compulsive modification of the existing Intellectual property
    protection legislation with regard to agriculture especially by the developing
    countries. The new set of rules prescribed by WTO under TRIPS were opined to
    open new dimensions in the type and extent of research exchange between the
    nations and also aim at redefining the role of public and private research
    organizations. One of the important reasons for extending intellectual property
    (IP) protection for plants and other living organisms, it is said, is to make
    agriculture a commercial venture and for attracting private investment into
    agricultural research. The popular rationale in support of intellectual
    property rights (IPR) for plants has

    often said to be one of stimulating
    effect. The present study reviews the economic impact of the adoption of IP
    protection mechanisms in USA
    and Latin American countries. Results indicated that availability of IP
    protection is in itself insufficient in determining the rate of innovation.
    More important factors like the scientific base of plant breeding, market
    forces and demand side factors appear to have greater influence in determining
    the rate of introduction of new varieties. Consolidation by the multinationals
    in seed industry and increased seed prices were among the other significant
    results. The need to commercialize new plant varieties has raised the strategic
    importance of public germplasm and reduced its availability for other users. On
    the other hand, access to public germplasm by the private seed industry
    improved due to more formal and transparent procedures. The PBRs like many
    other policy instruments were favourable towards resource rich farmers than the
    small and marginal groups.

    Page(s): 33-45

    http://nopr.niscair.res.in/handle/123456789/27375 2014/04/04 - 23:37
  • Title: The Proposal for a Directive on the Protection of Trade Secrets in EU Legislation

    Authors: Cook, Trevor

    Abstract: One of the last
    few remaining areas of intellectual property not yet to have been touched by EU
    legislation, that of trade secrets, is set to be harmonised at an EU level under
    a proposal for a Directive on the subject issued by the European Commission on
    28 November 2013. This article outlines this proposal, the divergences in
    national laws in Europe that it seeks to
    overcome, and those aspects of the law of trade secrets which it does not
    address or which remain controversial.

    Page(s): 54-58

    http://nopr.niscair.res.in/handle/123456789/26513 2014/02/19 - 15:35
  • Title: Pokkali Rice Production under Geographical Indication Protection: The Attitude of Farmers

    Authors: Anson, C J; Pavithran, K B

    Abstract: In geographical indications (GI) protection,
    the position of the producer is significant since GI protection is granted to
    the association of producers who are responsible in maintaining the quality of
    the GI product. The certification and registration procedure decide and
    influence the market dominance and this remarkable reputation is of prime
    importance to producers of GI products. The GI certification is instrumental in
    providing immense opportunity and protection to producers from a particular
    geographical region. The attitude of these producers towards GI needs to be
    examined since their inclination and apprehensions about the GI system is vital
    for the protection to be used optimally. The present study is an attempt to assess
    the producer attitude towards the GI protection system.

    Page(s): 49-53

    http://nopr.niscair.res.in/handle/123456789/26512 2014/02/19 - 15:35
  • Title: Design Patents for Animated Images: Development Trends

    Authors: Chen, Rain; Shen, Sung-Yun; Tan, Su-Ping

    Abstract: Mobile devices have replaced computers and
    become the major tool to browse web pages. Such a result has enhanced the
    demand for animated image design and patent applications. Animated images,
    including graphical user interface (GUI) and computer-generated icons (CGI),
    are set to become mainstream applications in design patents. Taking the
    official database of animated images in the USA as the research sample, this
    study aims to analyse the animated image patents and their anticipated
    development trends. A total of 201 samples were screened for this study. The
    research concluded as follows: (1) The frequency of applications related to GUI
    and CGI increased annually and the number of GUI applications far exceeded that
    of CGI after 2010, showing that GUI is gradually replacing CGI and becoming the
    mainstream application in animated image patents. (2) The GUI applications
    focus on computers and mobile phones, indicating that the applications of
    computers and mobile phones are the major developments of GUI for the time
    being. It is worth noting that the number of applications of GUI patents with
    unspecified object is also increasing in the past years, revealing the
    diversified development trend of GUI, beyond the applications of computers and
    mobile phones. (3) An assignee analysis revealed Microsoft as the first
    enterprise to attain patent portfolios of animated images and has, to some
    extent, presented barriers to the entry of other enterprises. (4) As far as
    number of patent icons is concerned, seven dynamic icons have appeared in the
    US Animated Image Patent Gazette.

    Page(s): 43-48

    http://nopr.niscair.res.in/handle/123456789/26511 2014/02/19 - 15:35
  • Title: Intellectual Property Paradoxes in Developing Countries: The Case of Software IP Protection in Iran

    Authors: Bagheri, Seyed Kamran; Casprini, Elena

    Abstract: In the context of developing countries,
    scholars have started to report at least two paradoxical phenomena related to
    intellectual property (IP) protection: (1) weak appropriability regime despite
    having fairly good IP laws and regulations, and (2) increased demand for
    intellectual property rights (IPRs) despite low level of IP protection. Beyond
    these paradoxes, prior research suffers in varying degree from two common
    flaws: (a) they either considered de jure
    or de facto IP laws, but not both,
    and (b) they did not represent all developing countries, being mostly focused
    on China with no empirical support. This paper aims at addressing these gaps by
    exploring both de jure and de facto software IP protection in Iran
    as a less-researched developing country. The authors look at the de jure software IP protection and,
    then, empirically investigate the de
    facto software IP protection in the country. The results show that despite
    having multiple legal mechanisms for protecting software innovations, Iranian
    software developers consider the overall level of software IP protection
    offered as low. Paradoxically, a vast majority of the surveyed software
    innovators had applied for various available IP rights.

    Page(s): 33-42

    http://nopr.niscair.res.in/handle/123456789/26510 2014/02/19 - 15:35
  • Title: Technology Trends in Biosensors as Reflected by Patent Analysis

    Authors: Karki, M M S

    Abstract: Analysis of patents in the area of biosensors
    has been made to identify the technological

    opportunities in the field of biosensors,
    and indicate their potential commercial uses. The industrial firms of USA, Japan,
    and Germany
    owned the sizable number of US patents on biosensors. Patenting activity was
    found more intense in the healthcare sector. There were more patents in the area
    of manufacturing of biosensors than in use-based inventions.

    Page(s): 327-332

    http://nopr.niscair.res.in/handle/123456789/26012 2014/01/23 - 08:27
  • Title: An Introduction to Business Method Patents

    Authors: Karki, Puja

    Abstract: The case of State Street Bank vs
    Signature Financial Group, Inc kicked up fresh

    debates on business method patents and
    their desirability. For some the definition of

    these patents is vague and open to interpretation,
    and the patents are impracticable.

    For others these patents are royalty and share
    price earning assets and a necessity to

    survive in the competitive market place.
    The article provides an introduction to the

    issue and the debate.

    Page(s): 320-326

    http://nopr.niscair.res.in/handle/123456789/26011 2014/01/23 - 08:27
  • Title: An Approach for Establishing a Traditional Knowledge Digital Library

    Authors: Gupta, V K

    Abstract: In September 1999, the task force on conservation
    and sustainable use of medicinal

    plants of the Planning Commission,
    Government of India, constituted a core group for

    integration and consolidation of database
    on medicinal plants. As a sequel to this, after

    detailed discussions among the members,
    the Group assigned the responsibility of

    preparing an approach paper on establishing
    a national traditional knowledge digital

    library (TKDL) to the author of this
    paper which is based on the approach paper prepared

    by him.The paper attempts to justify the need
    for setting up of a national TKDL, which could

    be utilized as a proof of the 'prior art'
    by the examiners of patent offices, nationally and

    internationally. It mainly addresses the
    issues relating to the creation of TKDL at conceptual level, however, an
    attempt has also been made to define the major work processes so that a
    realizable implementation plan becomes available.

    Page(s): 307-319

    http://nopr.niscair.res.in/handle/123456789/26010 2014/01/23 - 08:27
  • Title: The WIPO Internet Treaties, Facing the Challenges of the Digital Economy*

    Authors: Tiwari, S

    Abstract: Paper discusses some important parallel
    provisions of the WIPO Copyright Treaty

    and the WIPO Performances and Phonograms
    Treaty. The key provisions peculiar to

    each treaty are considered.

    Page(s): 267-270

    http://nopr.niscair.res.in/handle/123456789/26009 2014/01/23 - 08:27
  • Title: Using YouTube: Practical Consequences of the Approach Adopted by EU Copyright Law

    Authors: Gavrilovic, Nenad

    Abstract: EU copyright law, in connection with
    exceptions and limitations to copyright, is far from harmonized. This paper
    examines exceptions and limitations in EU copyright law, with regard to the
    feasibility of the system established by the InfoSoc Directive. Factual
    situations of everyday use of works via YouTube and similar sites have been
    presented in order to establish whether the legal treatment of such uses as
    infringement of copyright is really the right path to take. Following the review
    of current developments in EU copyright policy, the paper argues the need for a
    system of copyright in which holders enjoy more limited rights. Nevertheless,
    due to the evident political infeasibility of the proposal, the paper argues
    the introduction of a general and broad fair use exception which would amount
    to a system of copyright protection which better aligns with the expectations
    and actual activities of ordinary people.

    Page(s): 556-565

    http://nopr.niscair.res.in/handle/123456789/24568 2013/12/09 - 07:56
  • Title: Determining Design Patent Similarity Based on the Ordinary Observer Test

    Authors: Chen, Rain; Kuo, Hsien-Tsung; Wang, Ming-Hong

    Abstract: An era of industrial competitiveness is being unveiled as
    the number of patent applications continues to increase in Taiwan, and now design patent
    rights have become a major competitive domain for mature products. The focus of
    this study is to analyse through questionnaires, the public perception on
    whether products with similar appearance or external design would be deemed
    infringing. The study chose five benchmark cases of design patent infringement
    as study samples. A total of
    126 questionnaires were distributed, and 117 of them were returned and valid.
    The results indicated that when the similarity level rated by test subjects is
    greater than 79 per cent, the ruling is likely to favour infringement whereas
    if the level of similarity is rated lower than 44 per cent, infringement will
    not be established. The results are fully consistent with judicial decisions.
    This ordinary observer test panel on the similarity level can be used to
    predict the result of a design patent litigation.

    Page(s): 548-555

    http://nopr.niscair.res.in/handle/123456789/24567 2013/12/09 - 07:56
  • Title: Strategic Dimensions of International Patent Litigation – The Experience of Taiwanese Firms in the US Legal Jurisdiction

    Authors: Lo, Chih Cheng

    Abstract: This paper aims to assess the characteristics
    and impact of patent disputes by investigating cases of litigation between
    Taiwanese and US firms. The research reported is based on a design that combines
    insights gained from interviews with an in-depth case study of two significant US
    International Trade Commission (ITC) actions. In the former, semi-structured interviews
    were conducted in six firms while in the latter, the strategic response and
    potential impact of US patent disputes of two significant ITC investigations
    associated with Taiwanese firms were analysed to unravel the impact and
    strategic dimensions of cross border patent litigation. This paper finally arrives
    at recommendations to reconcile the strategic dimensions of patent litigation
    in an international trade environment.

    Page(s): 534-547

    http://nopr.niscair.res.in/handle/123456789/24566 2013/12/09 - 07:56
  • Title: The Tale of Viagra Patents: Comparative Studies of the Global Challenges in China and Other Countries

    Authors: Liu, Yinliang

    Abstract: When Pfizer patented its new discovery of
    second medical use of sildenafil globally for Viagra, it met extensive
    challenges in many countries, with reasons of, among others, obviousness and
    insufficient disclosure. As ruled by the courts or patent offices in several
    countries, patent claims should not go beyond what the inventor disclosed to
    the public, or it may violate the basic rationale of the patent system and be
    challenged. The story of the Viagra patent in China was uniquely significant.
    When the Patent Reexamination Board invalidated the Viagra patent, China
    received unusual criticism which believably imposed influence upon the judicial
    decisions. Transnational corporations and their agents were advised to respect
    and not try to interfere with administrative and judicial procedures in China,
    which might help establish a fair and efficient judicial system that would
    benefit both domestic and international parties in a long run. The reasons leading to such extensive
    failure of the Viagra patents in many countries, especially in a time of enhanced
    global IP protection are explored in this paper.

    Page(s): 523-533

    http://nopr.niscair.res.in/handle/123456789/24565 2013/12/09 - 07:56
  • Title: Patenting, Licensing, Trade, Foreign Direct Investment and Economic Growth: A Panel Data Analysis of Middle and Low Income Countries

    Authors: Sattar, Abdul; Mehmood, Tahir; Malik, Wasim Shahid; Subhan, Qazi Abdul

    Abstract: Transfer of technology through various
    channels like patenting, licensing, trade and foreign direct investment is
    considered as an integral component of economic growth both in developed and
    developing economies. The study investigates the impact of different technology
    transfer channels such as patenting, licensing, trade and foreign direct
    investment on economic growth for a balanced panel of 28 middle and low income
    countries over a period of 1975–2010 through fixed effect methods and the
    empirical results show that each channel affects differently in the sample
    countries. For full sample of middle income countries, only licensing and
    foreign direct investment are the most effective channels for the transfer of
    technology, while this is true for patenting and licensing in case of upper
    middle income countries. In lower middle income countries, licensing and
    foreign direct investment and in low income countries, only foreign direct
    investment have been found to be the effective channels for the transfer of
    technology.

    Page(s): 475-484

    http://nopr.niscair.res.in/handle/123456789/21542 2013/11/05 - 13:43
  • Title: The Copyright Law of China in Knowledge Revolution and Economic Globalization: Modernization, Internationalization and LocalizationThe Copyright Law of China in Knowledge Revolution and Economic Globalization: Modernization, Internationalization and Localization

    Authors: Wu, Handong; Qu, Haohui

    Abstract: Since the ‘Copyright Law of Qing Dynasty’
    was promulgated in 1910, history of China’s copyright legislation has
    been a century long. However, the copyright law has not been well implemented
    in a fairly long period of time. After entering the second half of the 20th
    century, the development of science and technology and the advance of economic
    globalization make copyright law more important than ever before. Taking China’s legislative history as route, this
    article discusses the themes of times of China’s copyright legislation in
    the circumstance of knowledge revolution and economic globalization, which are
    modernization, internationalization, and localization. Taking changes in the
    relevant provisions of the copyright law as foundations, this article explores
    the theoretical researches of China’s
    copyright legislation. Taking relevant legislative materials and the social,
    economic, and historical background as clues, this article studies the choice
    and process of China’s
    copyright legislation. In addition, the third modification of China’s
    Copyright Law is also dealt with in detail.

    Page(s): 465-474

    http://nopr.niscair.res.in/handle/123456789/21540 2013/11/05 - 13:43
  • Title: Piracy in the Internet Age

    Authors: Hemmige, Nikita

    Abstract: The Internet has created boundary-less
    territories and has helped in evolving a unique method to share and transfer
    information, growth of e-commerce and in creating a global platform for all
    nations and its citizens. Online piracy is a major flipside to this
    development. Rampant intellectual property (IP) infringements by way of
    unlawful reproduction and unmonitored downloads is a matter of concern. It is
    significant to take note of the laws that various countries have enacted and
    enforced in order to curb or at least regulate online piracy and related
    activities. Further, though the Copyright Act, 1957 and Information Technology
    Act, 2000 in India deal with certain facets of piracy, they do not conclusively
    deal with this menace. It is the need of the hour for India to draft and
    enforce laws which will address the current problem and also take into
    consideration the technological advancements that are likely to give rise to
    more of such complex issues. Formulating such a law in the near future will be
    a welcome change and will definitely give India the IP advantage.

    Page(s): 457-464

    http://nopr.niscair.res.in/handle/123456789/21538 2013/11/05 - 13:43
  • Title: Determinants and Valuation of Plant Variety Protection in India

    Authors: Venkatesh, P; Pal, Suresh

    Abstract: Plant variety
    protection (PVP) is a recent phenomenon in the developing countries, and
    adequate evidence on the response of the seed industry to this policy change is
    lacking. This paper examines the trends in PVP in India and economic benefits
    accruing to the breeders. The results showed a significant growth in PVP,
    attracting participation of both the public and private sectors. However, there
    is some degree of crop segmentation with private sector mostly concentrated on
    vegetables and cotton and the public sector on food grains. Furthermore, 55 per
    cent of the applications from private sector were for new varieties, whereas 85
    per cent of the public sector applications were for the extant varieties. The
    results of the logit model revealed that yield, adaptability, institute origin
    and variety traits were the major factors which influenced the PVP decisions.
    The hedonic pricing model indicated a price premium of 11-15 per cent for seeds
    of the protected varieties. The initial impact on other aspects of the seed system
    like growth in varietal development and public-private partnerships was also
    positive.

    Page(s): 448-456

    http://nopr.niscair.res.in/handle/123456789/21537 2013/11/05 - 13:43
  • Title: Intellectual Creation in Database: A Superfluous Test?

    Authors: Manap, Nazura Abdul; Hambali, Siti Naaishah; Tehrani, Pardis Moslemzadeh

    Abstract: Prior to amendment of Section 8(1)(b) of the
    Malaysian Copyright Act 1987
    in the year 2000, copyright protection was conferred to a
    database product, provided that sufficient effort had been used in the making
    of the work. In contrast, the current Section 8(1)(b) requires a more stringent
    test of originality, i.e., it should be an intellectual creation. However, the ambiguity
    of meaning in the amended provision has resulted in problems in applying that
    section. The lack of precise definition of what amounts to a database in the
    Copyright Act has caused confusion on whether or not the newly introduced test of
    intellectual creation is needed. This is due to the fact that a database seems
    to be protected as literary work which itself is protected only on the basis of
    sufficient effort. This paper discusses originality requirements applicable to
    databases according to the Copyright Act 1987 and the ambiguities in the
    Copyright Act 1987.

    Page(s): 369-376

    http://nopr.niscair.res.in/handle/123456789/20298 2013/08/05 - 22:42
  • Title: How Europe has learnt how to Deal with Exclusions from Patentability

    Authors: Cook, Trevor

    Abstract: The issue of subject matter that is excluded
    from patentability as not being patentable subject matter is one of
    lively current interest in the USA. European patent law, albeit under a
    different legislative framework, and one which
    unlike that in the USA specifically lists certain exclusions from
    patentability, has had to grapple with similar issues,
    but has over time largely resolved these so as to focus instead on the more
    familiar issues of novelty and inventive step.
    This article discusses how this resolution has taken place in Europe and what
    conclusions can be drawn from this experience for other jurisdictions.

    Page(s): 377-381

    http://nopr.niscair.res.in/handle/123456789/20297 2013/08/05 - 22:42
  • Title: Impact of IP on Public Health: The Developed Country Scenario

    Authors: Agitha, T G

    Abstract: Patents and data
    exclusivity affect health care costs even in developed countries and health
    care costs are rapidly increasing in those countries. Pharmaceutical product
    prices form substantial portion of health care costs and strong intellectual
    property protection is one of the major reasons for high health care costs.
    High drug prices affect patient access to medicines and thereby universal
    healthcare coverage. Left to market forces universal health care coverage,
    which is a fundamental obligation of states will remain an unaccomplished goal.

    Page(s): 382-389

    http://nopr.niscair.res.in/handle/123456789/20294 2013/08/05 - 22:42
  • Title: Copyright Regulation in Russia: Rejection of Classical Theories or Legislative Mistakes?

    Authors: Matveev, A G

    Abstract: Since 2008
    standards determining the relationships in the field of intellectual property
    have completely been integrated into the Civil Code in the Russian Federation.
    This intellectual property law codification has introduced some principal
    changes into the regulation of key institutes, one of which is copyright law.
    This article presents critical analysis of the Russian copyright regulation
    from the perspective of its correlation with the international law standards
    and traditional copyright legal theories. Comparative legal, historic and
    formal dogmatic methods are used in the analysis. The correlation between a
    Russian notion ‘intellectual property’ and related international standards is
    discussed in the article. A new category ‘intellectual rights’ for the Russian
    law is characterized. Correlation between exclusive and author’s moral rights
    is analysed and the drawbacks in the regulation of these author’s rights are
    revealed in the paper. In the author’s opinion, Russian rights model to the
    integrity of the work does not comply with the Article 6bis of the Berne
    Convention for the Protection of Literary and Artistic Works.

    Page(s): 360-368

    http://nopr.niscair.res.in/handle/123456789/20291 2013/08/05 - 22:42