Skip to Content

Instrukcja korzystania z Biblioteki

Serwisy:

Ukryty Internet | Wyszukiwarki specjalistyczne tekstów i źródeł naukowych | Translatory online | Encyklopedie i słowniki online

Translator:

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: Compulsory Licensing: For Better or For Worse, the Done Deal Lies in the Balance

    Authors: Yang, Deli

    Abstract: Ever since compulsory licensing has emerged
    as a statutory obligation, it has been debated around the balance of interests
    between the general public and IP right holders. After opening two cases
    relevant and typical to the debate, this column clarifies compulsory licensing
    within the licensing contexts, and gives a brief account of its history. The
    focal point then centres on the main issues of compulsory licensing grants for
    national emergency, non-working, anti-competitive practice, non-commercial use
    and relevant international issues. In the end, some potential solutions are
    proposed.

    Page(s): 76-81

    http://nopr.niscair.res.in/handle/123456789/13414 2012/02/04 - 06:04
  • Title: Stem Cell Patenting in the European Union

    Authors: Cook, Trevor

    Abstract: As a European intellectual property lawyer,
    the author is often struck by the amount of comparative analysis in the area of
    intellectual property which adopts US intellectual property laws, rather than
    European ones, as their point of comparison. This seems strange when in many
    respects US intellectual property laws have their own unique features and when
    European such laws are often more closely aligned with the laws of most other
    countries in the world. This series of articles aims to expand knowledge of and
    to explain something of European intellectual property laws; how they got to
    their present state, what are current hot topics in them, where they are
    heading and why they matter. This third article in the series will focus on stem cell
    patenting in the European Union.

    Page(s): 73-75

    http://nopr.niscair.res.in/handle/123456789/13413 2012/02/04 - 06:04
  • Title: Technology Management Strategies and Small and Medium Enterprises of Punjab Manufacturing: A Use-based Sector Analysis

    Authors: Jain, Vijay; Kiran, Ravi

    Abstract: The present study tries to explore the
    factors that influence the growth, performance, and development of IPR attitude
    of small and medium-sized enterprises (SMEs) in the manufacturing sector of Punjab. The aim of the present research is to examine the
    technology management strategies of manufacturing SMEs, primarily on the basis
    of use-based classification. The study is within a single region, namely,
    Punjab in North India, to minimize the effects
    of regional variation and to concentrate on this region in need of adoption of emerging
    technology management strategies in view of increased competition. The
    liberalization of the Indian economy has opened new opportunities for the
    manufacturing sector. The success of SMEs is widely dependent on innovations,
    research and development and intellectual property. It is critical not only to
    remain competitive but also, to gain significant advantages by developing and
    commercializing new technologies. In the use-based classification, three categories,
    namely, durable, non-durable and essential goods have been included. The
    results indicate that manufacturing SMEs are not active filers of IPRs and mostly
    file trademarks. Patent filing has been reported by firms in essential goods
    segment, basically in food and pharmaceutical sector. In order to enhance the IPR
    environment, the ‘policy initiatives’ factor is more important than the
    organizational factor.

    Page(s): 64-72

    http://nopr.niscair.res.in/handle/123456789/13412 2012/02/04 - 06:04
  • Title: Intellectual Property Rights and the Handloom Sector: Challenges in Implementation of Geographical Indications Act

    Authors: Vinayan, Soumya

    Abstract: Actors at the
    local, national and global level, through their policies, institutional
    structure and processes, influence livelihood decisions irrespective of
    geographical setting. The introduction of intellectual property rights (IPR)
    under the WTO regime demonstrates how decisions taken at an international level
    affect millions of livelihoods across the globe. This has necessitated national
    governments to introduce new laws and legislation such as the enactment of
    Geographical Indications Act of India in 1999. The inclusion of Geographical
    Indications (GIs) under the Trade-Related Aspects of Intellectual Property
    Rights (TRIPS) Agreement of WTO has been acclaimed by developing countries for
    its potential to boost rural development, create wealth and protect traditional
    knowledge. The premium consumers are willing to pay for the GI registered
    product is inextricably linked to the quality of the product. This calls for a
    thorough re-organization of the supply chain to adhere to not only quality but
    also to ensure that the revenue arising out of GI is distributed equally along
    the supply chain. This necessitates strengthening of linkages between
    stakeholders at all levels to foster trust and facilitate access to market. In
    this context, the paper examines the key challenges involved in the
    implementation of GIs, a key component of IPR, in the traditional livelihood
    sector such as handloom weaving in India, drawing on the success stories of GIs
    from around the world.

    Page(s): 55-63

    http://nopr.niscair.res.in/handle/123456789/13411 2012/02/04 - 06:04
  • Title: TRIPS, WTO and IPR: Biodiversity Protection – A Critical Issue

    Authors: Nair, M D

    Abstract: The World Trade Organization (WTO) was set
    up in 1995 and has been the custodian of all matters related to the
    implementation of the TRIPS Agreement endorsed by 153 member countries. WTO is
    therefore the most important body which monitors and influences working of
    global intellectual property rights protection in all its member countries.
    This opinion discusses the critical issue of biodiversity protection.

    Page(s): 519-521

    http://nopr.niscair.res.in/handle/123456789/13062 2011/11/26 - 12:15
  • Title: The Role of Europe in the Development of Related Rights Laws

    Authors: Cook, Trevor

    Abstract: As a European intellectual property lawyer,
    the author is often struck by the amount of comparative analysis in the area of
    intellectual property which adopts US intellectual property laws, rather than
    European ones, as their point of comparison. This seems strange when in many
    respects US intellectual property laws have their own unique features and when
    European such laws are often more closely aligned with the laws of most other
    countries in the world. This series of articles aims to expand knowledge of and
    to explain something of European intellectual property laws; how they got to
    their present state, what are current hot topics in them, where they are
    heading and why they matter. This second article in the series will focus on
    related rights.

    Page(s): 516-518

    http://nopr.niscair.res.in/handle/123456789/13061 2011/11/26 - 12:15
  • Title: Assessing the Role of Ayurvedic ‘Bhasms’ as Ethno-nanomedicine in the Metal Based Nanomedicine Patent Regime

    Authors: Paul, Sanjeeta; Chugh, Archana

    Abstract: The traditional
    medicine system is gaining wider popularity in the present times leading to
    increase in its commercialization at an international level. The present study
    is an attempt to analyse various facets of the patent regime of metal-based
    contemporary nanomedicine, with focus on Ayurvedic ‘Bhasms’ (alternative
    traditional medicine) used for various disease treatments. The study proposes a
    new dimension of understanding of Ayurvedic Bhasms as ethno-nanomedicine in the
    surging era of nanomedicine. The study proposes to have organized open-sourcing
    of the knowledge associated with Ayurvedic Bhasms, so that both, the
    ethno-nanomedicine as well as the emerging metal-based nanomedicine systems can
    co-exist symbiotically, thereby preventing misuse of traditional knowledge and
    promoting cumulative benefit to mankind.

    Page(s): 509-515

    http://nopr.niscair.res.in/handle/123456789/13060 2011/11/26 - 12:15
  • Title: Rebirth of Opt-in System in Copyright: Analysis in the Light of ‘Google Books’ Controversy

    Authors: Ahmad, Tabrez; Choudhury, Pratik Priyadarshi

    Abstract: The recent copyright controversy, the Google
    Books litigation, has revived interest in the role that opt-in requirements can
    play in copyright law. Google Books sought to make every book in the English
    language text-searchable. To realize this goal, however, Google intended to
    scan the text of each such book – thereby making a copy – the right to which
    was vested in different persons around the world. This number of persons
    amounted to millions and gaining access to all was an onerous task. So, when
    the company failed to get permission from all the copyright owners, it gave two
    options to the authors either to opt-out of the copyright or agree to it by as
    per the result of a class action litigation. In both these circumstances, the
    user of the copyright had the right to exploit, without authorization, unless
    the copyright holder took affirmative action. It is the essence of opt-in
    system in copyright which reared its head once more along with this
    controversy. This paper critically examines the protection regime in copyright
    law and the philosophy of protection given to any author over his/her original
    creation in the light of the above mentioned controversy bearing a potential
    impact over the fair use doctrine in copyright law. In the present context of
    highly digitalized society, the dilemma is whether an opt-out system is the
    need of the hour or the opt-in system should regain its place.

    Page(s): 500-508

    http://nopr.niscair.res.in/handle/123456789/13059 2011/11/26 - 12:15
  • Title: TRIPS, WTO and IPR: Geographical Indication Protection in India

    Authors: Nair, M D

    Abstract: The World Trade Organization (WTO) was set up
    in 1995 and has been the custodian of all matters related to the implementation
    of the TRIPS Agreement endorsed by 153 member countries. WTO is therefore the
    most important body which monitors and influences working of global
    intellectual property rights protection in all its member countries. This
    opinion discusses protection of geographical indications in India.

    Page(s): 429-430

    http://nopr.niscair.res.in/handle/123456789/12694 2011/09/13 - 04:58
  • Title: European Intellectual Property Developments

    Authors: Cook, Trevor

    Abstract: As an European intellectual property lawyer, the author is often struck by
    the amount of comparative analysis in the area of intellectual property which
    adopts US intellectual property laws, rather than European ones, as their point
    of comparison. This seems strange when in many respects US intellectual
    property laws have their own unique features and when European such laws are
    often more closely aligned with the laws of most other countries in the world.
    This series of articles aims to expand knowledge of and to explain something of
    European intellectual property laws; how they got to their present state, what
    are current hot topics in them, where they are heading and why they matter.
    This first article will provide an overview of some of these issues and
    subsequent articles will focus on specific areas of intellectual property.

    Page(s): 426-428

    http://nopr.niscair.res.in/handle/123456789/12693 2011/09/13 - 04:58
  • Title: Abrogating Sovereign Immunity in Patent Infringement Cases in India: Retreating Without Disgrace

    Authors: Chakravarti, Devaditya; Thadani, Karmanye; Chablani, Varun; Nayak, Alok

    Abstract: A broad overview
    of the present patent regime internationally, reveals that States have an
    untrammelled, unbridled privilege to derogate from any burden as may arise on
    infringement of patents held by its citizens, in the name of ‘sovereign
    immunity’. This is in addition to a power conferred upon the State to acquire
    patents arbitrarily and the discretion to grant compulsory licenses to third
    parties. In the United
    States of America, this has aroused much
    debate ever since the judiciary maintained a stand in favour of the doctrine of
    sovereign immunity which has its roots in the British Common Law concept of
    ‘the king can do no wrong’; a principle that is regarded anachronistic by many.
    Even
    in India, the Indian Patent Act, 1970 has provisions which immunize the State
    from liability in cases of patent infringement and provide for arbitrary
    acquisition of patents; for reasons that need not necessarily fall within the
    ambit of medical emergencies or only for life-saving medicines or technologies,
    as many would wrongly tend to believe, but for any use by the government. Under
    the Act, the government can infringe or acquire a patent directly and openly
    without any liability. In the light of this, can Article 300A of the Indian
    Constitution (the right to property), interpreted in the light of the doctrine
    of reasonableness, be used as a remedy by patentees in case of infringement by
    the State through a writ petition under Article 226 of the constitution? After
    all, the jurisprudence of the liability of the State in India is indeed much more evolved and more
    oriented in favour of the rule of law than it is in the United States.
    This article examines and denounces the sheer incongruity between patent infringement
    liability for acts by a private individual and exemption for the same acts by
    the government and suggests some reforms in the present Indian patent law.

    Page(s): 418-425

    http://nopr.niscair.res.in/handle/123456789/12692 2011/09/13 - 04:58
  • Title: Best Mode Disclosure for Patent Applications: An International and Comparative Perspective

    Authors: Lu, Bingbin

    Abstract: The best mode disclosure requirement helps to ensure that the public
    receives a full and honest disclosure in return for the grant of patent. It has
    a profound theoretical basis and foundation. The best mode disclosure requirement is an
    optional obligation under the TRIPS Agreement in its Article 29. Among the most
    important developed countries that have implemented this disclosure requirement
    are the US
    and Japan; however, there are certain differences in their national laws and
    practices, especially with regard to the legal effect of this requirement. In
    the US,
    patent reform is tending towards removing the best mode disclosure from the
    list of reasons to invalidate a granted patent; although, the requirement will
    still apply to all patent applications during patent prosecutions. Developing
    countries are recommended to consider adopting the best mode disclosure
    requirement in their patent laws. It is proposed that patent applicants be
    required to disclose the best mode which shall be a substantive condition for
    patent grant; however, the failure to disclose the best mode may not constitute
    a reason to invalidate a granted patent.

    The
    objective of this article is to study the best mode disclosure requirement from
    an international and comparative perspective, and suggest how developing countries
    should implement this disclosure requirement. The article also seeks to answer
    to two questions: whether a developing country should implement the best mode
    disclosure requirement, and if so, how to best implement it?

    Page(s): 409-417

    http://nopr.niscair.res.in/handle/123456789/12691 2011/09/13 - 04:58
  • Title: TRIPS, WTO and IPR: IPA 2005: Potential for Disputes and Litigation

    Authors: Nair, M D

    Abstract: The World Trade Organization (WTO) was set
    up in 1995 and has been the custodian of all matters related to implementation
    of the TRIPS Agreement endorsed by 153 member countries. WTO is therefore the
    most important body which monitors and influences working of global
    intellectual property rights protection in all its member countries. This
    opinion discusses IPA 2005 and its potential for disputes and litigation.

    Page(s): 351-353

    http://nopr.niscair.res.in/handle/123456789/12450 2011/07/26 - 01:11
  • Title: Intellection of Trade Secret and Innovation Laws in India

    Authors: Nomani, Md Zafar Mahfooz; Rahman, Faizanur

    Abstract: The uniqueness of trade secret law is that it fits into the extensive
    framework of contract, competition, innovation and intellectual property
    rights. The trade secret doctrines are closely linked to the domain of tort and
    criminal law although subject to different rationalizations. The remedial part
    of the law is inconsistent with the cause of action. The varied nature of trade
    secret calls for its holistic comprehension as a form of intellectual property.
    An incentive based approach in granting legal protection to trade secret harnesses
    the idea, inventions, and utility patent. This is best suited to varied
    categories of innovators and inventors in a post liberalized Indian economy and
    TRIPS compliance. The paper traces evolution and development of trade secret
    law in a comparative perspective and critically analyses the potential impact
    of innovation law on trade secret protection in the context of national
    innovation policy and laws of India.

    Page(s): 341-350

    http://nopr.niscair.res.in/handle/123456789/12449 2011/07/26 - 01:11
  • Title: Cinematographic Lyricists Right to Royalty: Myth or Reality?

    Authors: Dahiya, Kirti

    Abstract: This paper deals with the issue of a
    cinematographic lyricist’s right to copyright royalty after the producer of a
    film has been assigned the right. The position of law in India is not in favour
    of writers, who are often marginalized and cut-out from a share in the profits
    by generally exploitative and unfavourable terms of a contract. In the light of
    the same, the author’s view is that an amendment to the Copyright Act was long
    overdue and the Copyright (Amendment) Bill, 2010 is an affirmative step by the
    government to correct inequitable balance of interests that has plagued the
    Indian film industry. In order to arrive at a deeper understanding of the
    matter, reliance needs to be placed on the stand taken by the Indian judiciary
    with respect to the right of authors over lyrics used in songs in
    cinematographic vehicles. Recourse will also be taken to considerations on the
    basis of which the Bill is being pushed. An analysis of the lacunae that may
    exist even if the reforms are brought to fruition is concluded with certain
    suggestions to overcome them.

    Page(s): 335-340

    http://nopr.niscair.res.in/handle/123456789/12448 2011/07/26 - 01:11
  • Title: FDI Flows into the Indian Pharmaceutical Industry: An Analysis of Trends and Constraints

    Authors: Tripathy, Ishita G; Yadav, Surendra S; Sharma, Seema

    Abstract: India’s
    economic reforms since 1990s and World Trade Organisation’s Agreement on
    Trade-Related Aspects of Intellectual Property Rights have caused significant
    changes in the operational environment of the Indian pharmaceutical industry
    (IPI). In this backdrop, this study examines the Foreign Direct Investment
    (FDI) flows into the firms of IPI. It finds that the amount of FDI, the number of FDI recipient firms and the number
    of source countries of FDI are larger during the product patent regime as
    compared to the process patent regime. The factor analysis of primary data
    presents the perception of 64 sample firms of IPI as regards the main
    constraints of FDI inflows in the
    product patent regime.

    Page(s): 330-334

    http://nopr.niscair.res.in/handle/123456789/12447 2011/07/26 - 01:11
  • Title: TRIPS, WTO and IPR: Recent Happenings in WTO

    Authors: Nair, M D

    Abstract: The World Trade Organization (WTO) was set
    up in 1995 and has been the custodian of all matters related to the
    implementation of the TRIPS Agreement endorsed by 153 member countries. WTO is
    therefore the most important body which monitors and influences working of
    global intellectual property rights protection in all its member countries.
    This opinion discusses recent happenings in WTO.

    Page(s): 267-269

    http://nopr.niscair.res.in/handle/123456789/11977 2011/07/12 - 19:01
  • Title: The Competition-IP Dichotomy: Emerging Challenges in Technology Transfer Licenses

    Authors: Kutty, Aditya A; Chakravarty, Sindhura

    Abstract: Technology transfer agreements are necessary
    to fulfil technological needs that are impossible to meet with local technical
    capabilities. Traditional devices of licence transfer often fall within the
    purview of antitrust scrutiny and are deemed anti-competitive practices in
    general trade, as in the case of territorial restrictions in licensing.
    Antitrust laws, although fit to evaluate general trade agreements, often fail
    to address intricate problems involving IPR and therefore, lack the tools to
    adequately solve them. The blanket protection approach to IP as provided by Section
    3(5) of the Indian Competition Act is equally ineffective due to lack of a
    mechanism to deal with IP-related unfair trade practices. The TRIPS under
    Article 40, permits member states to prevent abuse of IP through anti-trust
    legislations. India
    has permitted cross licensing under its patent laws but has failed to prevent
    its anti-competitive fallout in technology licensing. This article draws from
    the EU TTBE 2004 Regulations as well as the US antitrust guidelines to
    highlight the need for a balance between the two conflicting interests of
    competition policy and the protection of technological know-how. It further
    purports to set forth an adaptation of guidelines for India, keeping in mind the
    anti-trust laws of other jurisdictions.

    Page(s): 258-266

    http://nopr.niscair.res.in/handle/123456789/11976 2011/07/12 - 19:01
  • Title: Collective Marks and Geographical Indications - Competitive Strategy of Differentiation and Appropriation of Intangible Heritage

    Authors: Silva, Elizabeth Ferreira da; Peralta, Patrícia Pereira

    Abstract: This article aims to evaluate
    the potential use of collective marks and geographical indications as forms of
    protection for ownership and differentiation of handicraft production in
    Brazil, considered as intangible heritage. Although, the instruments of
    intellectual property are, a priori,
    suitable only for products with industrial application, the above instruments
    of IPR could be applied to traditional crafts as well. Geographical indications
    and collective marks are forms of intellectual property protection that are
    associated with reputation protection and market distinctiveness. Apparently,
    they could be effectively used to protect and appropriate benefits of economic
    exploitation in the case of craftsmanship as in Brazilian artisan products

    Page(s): 246-257

    http://nopr.niscair.res.in/handle/123456789/11975 2011/07/12 - 19:01
  • Title: A Critical Review of China’s Approach to Limitation of the Internet Service Provider’s Liability: A Comparative Perspective

    Authors: Liu, Wenqi

    Abstract: In an information society, granting the
    Internet Service Provider (ISP) exemption from liability under certain
    circumstances is an important approach to strike a balance between the
    interests of the copyright holder, the ISP and the public. Although many
    countries conditionally provide safe harbour protection for online services,
    the certainty, feasibility and efficiency of the relevant provisions are different
    from one country to another. This article reviews China’s approach to
    limitation of the ISP’s liability from a perspective of legislation and
    judicial practice, compares differences in this context between China, the US
    and EU, and based on which discusses the feasible options for China to increase
    the certainty of law and inconsistency in judicial practice.

    Page(s): 235-245

    http://nopr.niscair.res.in/handle/123456789/11974 2011/07/12 - 19:01
  • Title: Role of Freedom to Operate in Business with Proprietary Products

    Authors: Sandal, Nidhi; Kumar, Avinash

    Abstract: A comprehensive
    Freedom to Operate (FTO) analysis requires analysing all forms of valid
    intellectual property (IP) rights and associated agreements and contracts to
    ensure that development or launch of any particular product/process in a
    particular market, in a particular country does not infringe any IP right of
    third party. FTO opinion is usually a legal advice; however, R&D
    organizations engaged in frequent patenting may also need to develop their
    in-house capability for
    FTO analysis. This paper illustrates methodology for FTO analysis, limited to
    patent rights.

    Page(s): 204-209

    http://nopr.niscair.res.in/handle/123456789/11580 2011/04/26 - 07:32
  • Title: Circumventing Complex Intellectual Property Hurdles to Enable Access to Proven Upstream Technology for Poverty Alleviation and Benefiting Resource Poor Farmers: Case Studies

    Authors: Vijayaraghavan, K; Akshat, M; Shruthi, A; Chiranth, C R

    Abstract: Licensing of technologies by
    companies and research institutes is a recent phenomenon that has gained immense popularity in the agricultural
    sector, it being imperative for the research fraternity to gain access
    to validated technologies, enhance their product portfolio, and accelerate
    access to commercialization ensuring outreach of good science to farmers. Two
    case studies pertaining to rice and chickpea are discussed in the paper to
    elucidate this process.

    Page(s): 200-203

    http://nopr.niscair.res.in/handle/123456789/11579 2011/04/26 - 07:32
  • Title: Managing Intellectual Property for Agriculture Inventions in the University

    Authors: Sidhu, Arshdeep Kaur

    Abstract: One essential function
    of a technology transfer office is the proactive management of intellectual
    property related to crops and germplasm. Most of the agriculture stations and
    universities over the world have established technology transfer offices to
    protect their own plant varieties all over the world. This paper focuses on the patent policies,
    technology transfer policies and special practices within the office of
    technology commercialization at the University
    of California, which, by some measures, is the largest public technology
    transfer program in the world

    Page(s): 194-199

    http://nopr.niscair.res.in/handle/123456789/11578 2011/04/26 - 07:32
  • Title: The Challenge of Intellectual Property Enforcement for Agriculture Technology Transfers, Additives, Raw Materials, and Finished Goods against Product Fraud and Counterfeiters

    Authors: Spink, John

    Abstract: One
    often-overlooked aspect of intellectual property rights (IPR) strategy is the
    deterrence and enforcement against ‘irresponsible defendants’ including product
    counterfeiters. When applied to food, the consumer product fraud or product
    counterfeiting is referred to as food fraud, or economically motivated
    adulteration. While this problem is not unique
    to agriculture and food products, there are special circumstances and issues to
    consider. The objectives of this paper are to: (1) review the underlying fraud
    opportunities (complex and on a massive scale), including an exploration of
    types of fraudsters and types of fraud (near infinite); (2) review how
    globalization and source economies contribute to the problem; (3) review the
    complexity and challenges of enforcement for companies and agencies; and (4)
    introduce the ‘chemistry of the crime’ or the ‘crime triangle’, to shift the
    focus from reactionary intervention and response to proactive prevention. Five
    applicable case studies are included, bringing insights on the irresponsible
    nature of many of the fraudsters. Through its review of fraudsters and types of
    fraud, this study will provide information to assist with IP technology
    transfers and the effective enforcement of IPR. Product counterfeiting often
    poses a very serious public health and economic threat to agriculture and food
    products. There are very motivated, intelligent, resilient and aggressive
    fraudsters, but they can be deterred by companies or agencies focused on
    reducing fraud opportunities. Standard business practices—even identified best
    practices—often inadvertently contribute to fraud opportunities.

    Page(s): 183-193

    http://nopr.niscair.res.in/handle/123456789/11577 2011/04/26 - 07:32
  • Title: TRIPS, WTO and IPR: Protection of Bioresources and Traditional Knowledge

    Authors: Nair, M D

    Abstract: The World Trade
    Organization (WTO) was set up in 1995 and has been the custodian of all matters
    related to the implementation of the TRIPS Agreement endorsed by 153 member
    countries. WTO is therefore the most important body which monitors and
    influences working of global intellectual property rights protection in all its
    member countries. This opinion discusses about the protection of bioresources
    and traditional knowledge.

    Page(s): 35-37

    http://nopr.niscair.res.in/handle/123456789/11025 2011/03/29 - 00:38
  • Title: Model for IP Protection based on an Empirical Study of Iranian Nanotechnology Companies

    Authors: Ghazinoory, Sepehr; Abedi, Sadegh; Mashari, Behnam

    Abstract: In spite of
    being a rather recent, emerging area, nanotechnology has seen a flurry of
    investment in both developed and developing countries. However, protection of
    innovation from competitors has been an area of concern and important aspect
    that should be included as a part of strategic plan in companies. In this
    study, a model is proposed for strategic protection of IP in nanotechnology
    companies. Accordingly, as a first step, necessary criteria along with factors
    affecting existing innovation
    preserving systems are identified and classified .The identified indices are grouped into three
    classes comprising organizational, environmental and innovation
    characteristics. A qualitative study on various businesses carried out by
    nanotechnology companies in Iran allowed prioritization of those indices which
    are effective. A decision making matrix is proposed by the authors based on two
    indices, namely, size of company or financial power and organizational learning
    capacities. An examination of the innovation preservation practices in 45
    existing companies in the area of nanotechnology protection in Iran revealed
    that of all the proposed mechanisms of protecting innovation, only patent
    protection is made use of and that too to a limited extent. An evaluation of
    the proposed model is also carried out by studying the companies themselves.

    Page(s): 27-34

    http://nopr.niscair.res.in/handle/123456789/11024 2011/03/29 - 00:38
  • Title: Is It Broadcast or Broadcasting?

    Authors: Sakthivel, M

    Abstract: An authors’
    right to communicate to the public also includes the right to ‘broadcast’ the
    work. However, the right to broadcast can only be commercially exploited with
    the help of broadcasting organizations. Due to the technical contributions of
    broadcasting organizations to disseminate the works to the public, they are
    given some rights which are known as broadcast reproduction rights or
    neighbouring rights. The Indian Copyright Act defines the word ‘broadcast’
    which may be used for the purpose of determining the scope and ambit of
    broadcasting organizations’ ‘broadcast reproduction right’. In effect, there
    arises an ambiguity in law regarding the author’s right to broadcast and the
    broadcasting organization’s rights. Clarity on the definition of broadcast for
    the purpose of determining the rights of the author as well as those of the
    broadcasting organizations is necessary. This paper critically analyses the
    definition of broadcast under Indian Copyright Act by way of examining the
    relevant provisions in detail.

    Page(s): 23-26

    http://nopr.niscair.res.in/handle/123456789/11023 2011/03/29 - 00:38
  • Title: Accommodating Long Term Scientific Progress: Patent Prospects in the Pharmaceutical Industry

    Authors: Anand, Nithya

    Abstract: This article examines the
    recent theoretical justifications of the patent system. The design of the
    patent system is considered through the lens of the ‘prospect’ theory of
    patents, proposed by Edmund Kitch. This theory has much to contribute to the
    understanding of the actual working of the patent system, particularly in
    complicated issues such as encouraging research in neglected diseases. It
    provides a much better insight to the challenges which must be surmounted, in
    protecting and encouraging private investment in research. However, this theory
    is yet to be fully explored. Variations of this theory have touched upon some
    of the challenges within the patent system – but they appear unable to
    accommodate full impact of patent ‘prospects’. For one, the full range of
    product development processes must be understood. Secondly, the patent regime
    must be able to include both worlds of organized and unorganized research,
    commercialized and basic research. This article makes an effort to identify and
    distinguish between the various implications of this theory, and attempts to
    bring them together to a simpler formulation. This simpler formulation, of
    guiding investment vis-à-vis the
    market-pull factors in product development, could probably be satisfied in many
    different ways. These, however, are outside the scope of this article.

    Page(s): 17-22

    http://nopr.niscair.res.in/handle/123456789/11022 2011/03/29 - 00:38
  • Title: TRIPS, WTO and IPR: Impact of Indian Patent Act 2005 on Indian Pharmaceutical Industry

    Authors: Nair, M D

    Abstract: The
    World Trade Organization (WTO) was set up in 1995 and has been the custodian of
    all matters related to the implementation of the TRIPS Agreement endorsed by
    153 member countries. WTO is therefore the most important body which monitors
    and influences working of global intellectual property rights protection in all
    its member countries. This opinion discusses the impact of Indian Patent Act 2005
    on Indian pharmaceutical industry

    Page(s): 474-476

    http://nopr.niscair.res.in/handle/123456789/10690 2011/02/13 - 03:53
  • Title: Promoting Nanotechnology Patenting: A New Experience in National Innovation System of Iran

    Authors: Ghazinoory, Sepehr; Abdi, Mansoureh

    Abstract: International
    circumstances, Iran’s
    special context and its legal system have often been blamed for the relative
    lack of attention on the part of Iranian scientists towards Intellectual
    Property Rights (IPR). In spite of these odds, however, the Iran Nanotechnology
    Initiative Council (INIC) launched a programme to overcome existing shortcomings
    and encourage nanotechnology researchers to protect their inventions in the
    country and particularly, overseas. The efficiency and effectiveness of this
    programme are analysed in this paper. In a country without a national IP
    policy, successful implementation of this programme could pave the way for
    extending the same mechanism to other technological fields, although it is
    unlikely that the deficiencies of Iran's national innovation system
    could be completely resolved by such sectoral policies.

    Page(s): 464-473

    http://nopr.niscair.res.in/handle/123456789/10689 2011/02/13 - 03:53
  • Title: Ambush Marketing – Need for Legislation in India

    Authors: Seth, Rukmani

    Abstract: Ambush marketing has emerged in recent years
    as an effective, though controversial, weapon in the arsenal of marketing
    departments. Various corporations have indulged in ambush marketing to exploit
    international events such as the Olympics, Football World Cup, or the
    Commonwealth Games. This paper seeks to examine ambush marketing as an
    intellectual property infringement and suitability of the current IP
    legislations to tackle it. Primary data such as case laws and secondary data
    such as articles and parallel provisions with regard to IPR have been referred,
    which show that due to the absence of principle legislations and case
    precedents, corporations indulging in ambush marketing are able to get away
    scot-free. To overcome this problem, various countries such as South Africa,
    New Zealand, Australia, China, England, Brazil and Canada have brought out
    amendments or legislations defining ‘ambush marketing’ as a specific type of
    IPR infringement and fixing liability for the same. It is time that India
    considers introducing such a legislation not just because its peers have taken
    such a step but because in the light of large scale events being organized in
    the country, there is a need to protect legitimate sponsors.

    Page(s): 455-463

    http://nopr.niscair.res.in/handle/123456789/10688 2011/02/13 - 03:53
  • Title: Bioinformatics Databases: Intellectual Property Protection Strategy

    Authors: Junli Chang, Xuezhong Zhu

    Abstract: Intellectual
    property (IP) protection for bioinformatics databases plays a
    key role in accelerating development of biological sciences and biotechnological industry.
    This paper presents current and global position of IP
    protection in bioinformatics database. A protection method has been proposed after analysing characteristics of bioinformatics databases
    and considering different database protection methods. Further, the paper
    seeks to analyse the diffusion process of
    biological information and develops an argument that bioinformatics
    primary database should be put in public domain, though they may be given
    financial subsidies by the government or other public funds according to the
    diffusion phase of biological information. Suitable methods of IP protection in the bioinformatics
    secondary database have been suggested.

    Page(s): 447-454

    http://nopr.niscair.res.in/handle/123456789/10687 2011/02/13 - 03:53