044731   SRIVASTAVA C, RANA M (Law, Science & Technology Dep, UPES, Dehradun- 248 001, Uttarakhand, Email: charusrvstv@gmail.com) : Easily accessible treasure susceptible to misappropriation: A discourse on traditional knowledge. J Intellec Prop Rights 2020, 25(5), 155-61.

The paper deliberates upon the importance and misappropriation of traditional knowledge discussing few instances followed by a debate on the approach of developing and developed nations towards its protection. It further examines the interface between Intellectual property rights and traditional knowledge and the role played by intellectual property principles in protecting them from being misappropriated. It also explores the work of WIPO on traditional knowledge, which can serve as a guide to navigate through the complex policy, legal and practical concerns that surface when exploring traditional creativity and innovation and analyses the efforts made by the Indian Government in protecting the traditional knowledge.

24 ref

044730   PATRA S P, RAJU K D (Indian Institute of Technology Kharagpur, Kharagpur- 721 302, Email: infinitesom@gmail.com) : Standards in automotive sector: Impact of patents on its development. J Intellec Prop Rights 2020, 25(5), 140-5.

With the increased awareness and focus on safety systems in the automotive domain, it is imperative for regulatory authorities to not only bring in the latest technologies but also ensure reachability and affordability for all. However, the patents related to the latest safety features concentrate in the hands of a few technology leaders, thus rendering the technology access costly and scarce. In such a scenario, adapting principles of SEPs and their permit of use in FRAND conditions as in the telecom domain would create a symbiotic relationship between the technology producers and end-users. The first part of this paper deals with studying the relevant patent filing activities to sensitize the innovation happing in the field of automotive engineering in general and automotive safety in particular. The second part focuses on standards and its establishment process in India and its global context in terms of harmonization. The third part deals with the gap in the operation of Indian Standard establishing authorities and the Indian Patent system. This paper concludes by arguing that it is essential to adopt a cross-functional team to horizontally utilize the best of learnings of the telecom domain in terms of licensing SEPs under FRAND terms.

5 illus, 1 table, 16 ref

044729   RANI S, SINGH S, BHATTACHARYA S (CSIR- National Institute of Science, Technology and Development Studie, Pusa Gate-110 012, New Delhi, Email: sujit_academic@yahoo.com) : Impact of India’s plant variety protection act: Analytical examination based on registrations under the act. J Intellec Prop Rights 2020, 25(5), 131-9.

Mandated by TRIPS, India constructed a sui generis system for protection of plant variety, ‘The Protection of Plant Variety and Farmers Right Act, 2001’. The primary objective of the study is to examine the impact of this Act in strengthening the agriculture ecosystem. The paper addresses this by analysing the different attributes of registrations under this Act i.e. types of crops registered, their registration types, applicants affiliation, etc. It further explores the implications of these registrations. The paper also examines the salient and distinctive aspects of the Act such as provisions for supporting farmer and crop diversity, incentive to breeders. The registrations undertaken under different categories show positive trends in terms of crops registered, involvement of different stakeholders, etc. New crop registration shows promise for introduction of new improved varieties. Active involvement of private entities in registering plant varieties underscores that the Act is providing incentives for them for development of new varieties. India’s agriculture export exhibit linkage with new crop varieties being registered. New crops varieties can create market monopoly and help strengthen India’s agriculture exports. Lack of farmers involvement and the limited role of state agriculture universities in development of new varieties is however a cause of concern.

5 illus, 5 tables, 21 ref

044728   SINGH K, PURUSHOTHAM H (National Research Development Corporation, Kailash Colony Extension- 110 048, New Delhi, Email: h.purushotham@gmail.com) : Worldwide patent landscaping of ayush technologies. J Intellec Prop Rights 2020, 25(5), 121-30.

The paper is a landscape analysis of patenting activity in the field of AYUSH. A patent search was carried out for patents in the field of Ayurveda, Yoga, Unani, Siddha and Homeopathy in the Questel Orbit database. The search was carried out globally and included the patents that were filed in the last five years (February 2015 - January, 2020). A total of 1560 patents were retrieved during the search. The search showed that a disproportionate amount of patents were filed in the field of Yoga followed by Homeopathy and Ayurveda. Pinghu Shengroude plastic industry came out as the assignee with maximum number of patent filings followed by Jiangsu Youth Fitness Equipment. The search also covered products, current developments in the field along with listing potential commercialization opportunities for existing players in the field.

4 illus, 11 tables, 29 ref

044727   SREELAKSHMIDIVYA P, KUMAR S R, RAO V U M (Pharmaceutical Management and Regulatory Affairs Dep, Teegala Ram Reddy Coll of Pharmacy, Saroor Nagar- 500 097, Hyderabad, Email: psrilakshmidivya@gmail.com) : Review on wipo trademark registrations on goods of class 5. J Intellec Prop Rights 2020, 25(3-4), 105-12.

World Intellectual Property Organization (WIPO) was established with a mission to bring up the innovative and creative inventions worldwide. The organization cooperates and maintains the Intellectual Property rights, that bring integrity among the various countries of the World. WIPO IP statistical data base collects the information from the national and regional offices annually, mentioning it with the various indicators and the different report types. The different intellectual property rights such as, patent, trademark, industrial design, utility model data are available in the database from 1980 to 2016. This article shows the statistical data related to the trademarks that was collected and stored in the data base by WIPO. This gives an idea to know the country’s progress in filing up of the trademarks, for acquiring the IP rights globally. In this article, the leading countries such as, India, Australia, China, European Union, United Kingdom and United States of America that are involved in the trading worldwide are considered and their statistical data is compared. The data related to the class 5 of Nice Classification, which became part of essentials to lead healthy life, are also included.

15 illus, 2 tables, 17 ref

044726   ASERI A (National Law Univ, Jodhpur- 342 304, Rajasthan, Email: ankitaaseri09@gmail.com) : Juxtaposing right to be forgotten and copyright law. J Intellec Prop Rights 2020, 25(3-4), 100-4.

Privacy plays a pivotal role in the life of the people. Internet governs every aspect of a person’s life. It is significant to see what information is available on the Internet about an individual as that sculptor the digital image of that individual. At any point in time, “we have wished to erase some part of information related to us on the Internet. It may not have been foreseen when the Internet was invented but it is now a right conferred to the European Union citizens. Right to be forgotten has been codified and given judicial recognition. The right places a substantial burden on the data controller to assess whether a takedown request should be accepted or not. Usually, the pictures used in revenge porn are selfies and the victim owns a copyright in the image. In this research paper, the researcher has made an attempt to analyze the interface between Copyright law and the right to be forgotten. Further, the researcher has analyzed the implications of the use of the right to be forgotten and copyright law to combat revenge porn. The research paper will also include the judicial precedents to provide more clarity on the current position along with principles of legal philosophy.

26 ref

044725   MAHFUD M, RANI F A (Syiah Kuala Univ, Aceh, Indonesia, Email: mahfud_jufri@unsyiah.ac.id) : The idea-expression dichotomy in artistic works: The case study in the United Kingdom. J Intellec Prop Rights 2020, 25(3-4), 92-9.

Under the idea/expression dichotomy, the protection of copyright extends only to an artist’s original expression and it does not protect the ideas that are being expressed. Lord Hoffmann’s decision in Designers Guild v Russel Williams (Textiles) Ltd has clearly interpreted that the idea that is only in the head that has been unexpressed in a copyrightable form is not entitled to copyright. Nevertheless, a problem may arise when the idea and its expression are difficult to be separated and they are considered to have merged or called as scenes a faire. As a result, this merger doctrine has caused the expression not copyrightable. In the UK, this merger doctrine can be seen from the House of Lord’s decision in LB Plastics v Swish and Hanfstaengl v Baines.

48 ref

044724   LASKOWSKA-LITAK E (Intellectual Property Law Dep, Jagielloski Kraków Univ, Poland, Email: ewa.laskowska@uj.edu.pl.) : Old town road of copyright's subject matter and aesthetics. J Intellec Prop Rights 2020, 25(3-4), 80-91.

The paper refers to the most discussed and controversial element of the copyright’s legal system: the definition of subject matter and its interpretation. Inspired by some post-modern aesthetics theories, the aim of the paper is to open a discussion in respect to the notion of work in copyright and its impact on art and every-day life. The first part of the paper presents a brief analysis of copyright’s struggles with its subject matter, followed than with an analysis of contemporary trends in aesthetics, in particular the functional and the institutional definition of art. The second part provides examples of manifestations and similarities between legal system and modern aesthetical concepts. Finally, the author considers whether - and if so, to what extent - the implementation of new aesthetic approaches could be helpful in the system of copyright.

76 ref

044723   BASHIR A (Kashmir Univ, Srinagar- 190 006, Jammu & Kashmir, Email: annabashir@gmail.com) : Protection of geographical indication products from different states of India. J Intellec Prop Rights 2020, 25(3-4), 74-9.

Geographical Indication protection is becoming an increasingly important issue for producers who consider that one of their main challenges is to secure a better legal protection for their product at the national and the international level. The purpose of this article is to assess and analyse the weaknesses in the protection system available for GIs in India, including difficulties in protection and enforcement of GI rights.The article further gives an analysis of data collected in a survey by the researcher relating to GIs in India and interaction with stakeholders. An analysis of the legal framework, data relating to GIs in India and interaction with stakeholders indicate that the legal framework available for the protection of GIs is quite insignificant in terms of scope, effect and protection. There is a loss of producers’ revenues caused by selling counterfeit products. In order to strengthen the existing system of GI protection, there is a need of creating awareness about protection of geographical indication products across India. Although national legislation has paved its way in protecting geographical Indications, the government requires the producers and the stakeholders to realize their responsibilities and come up for the registration of their products under the GI Act.

2 illus, 1 table, 20 ref

044722   SOHRABJI N, MALONEY K (Economics Dep, Simmons Univ, MA- 02115, Email: sohrabji@simmons.edu) : Section 3(d) and pharmaceutical patents in India. J Intellec Prop Rights 2020, 25(3-4), 65-73.

In 2005, India amended its Patent Law to bring the country into compliance with the WTO TRIPS Agreement. Criticisms have arisen over a flexibility in the law, Section 3(d), which attempts to reduce evergreening by granting patents to only those inventions that enhance the drug’s known efficacy. The lack of a clear definition in the law has raised worldwide concerns over its misuse which was exacerbated by the 2013 Supreme Court denial of Novartis’s Appeal of Section 3(d)-based patent rejection for the cancer treatment drug, Glivec. To analyze the importance of Section 3(d) and this ruling on patent decisions in India, a database of 500 pharmaceutical patent cases between 2005 and 2016 was created. The determinants of patent decisions were estimated using a binomial logit regression and conducted a statistical analysis to identify their confounding factors. The results show that if a patent application has Section 3(d) objection, the odds of the case being rejected and/or abandoned more than double. Also, although the odds of patent rejections have fallen since the 2013 Supreme Court ruling, this result is driven by non-Section 3(d) cases. Thus, it was concluded that Section 3(d) will play an increasingly important role in patent rejections.

2 illus, 4 tables, 28 ref

044721   RAHMAH M, BARIZAH N, BLAY S (Private Law Dep, Airlangga Univ, Surabaya, Indonesia, Email: rahmah_arifin@yahoo.com) : Ensuring disclosure of origin of genetic resources in patent applications: Indonesia’s efforts to combat biopiracy. J Intellec Prop Rights 2020, 25(1), 40-56.

As a country of mega biodiversity, Indonesia is also vulnerable to biopiracy target. To prevent biopiracy, it is crucial to protect the country’s genetic resources. In order to protect genetic resources and to prevent biopiracy, Indonesia has included the requirement of Disclosure of Origin (DO) in The Indonesian Patents Act, 2016 by imposing patent applicants to disclose the origins of genetic resources in Patent application. This paper critically analyses the Patents Act to highlight key issues that undermine the country’s efforts to combat biopiracy. The principal findings are that there are significant problems with implementing DO provisions of the Act in the fight against bio piracy. The effectiveness of the legislation remains questionable and some important sections of the Act lack clarity. The purported regulatory framework under the Act to enforce DO and to help deal with biopiracy is ill defined and human resources are inadequate. The paper concludes that to combat biopiracy effectively Indonesia needs to review its legislative and institutional framework on DO and consider establishing a National Anti-Biopiracy Commission.

55 ref

044720   KUMAR A (Hindustan Petroleum Corporation Limited, Mumbai - 400 020, Email: abhijeetkumar12991@gmail.com) : ‘Unpackaging’ trademark through tobacco regulations. J Intellec Prop Rights 2020, 25(1), 29-39.

Minimum requirements of the WHO’s Framework Convention on Tobacco Control and its Guidelines has required the Member States to raise concerns related to public health by regulating advertisement and marketing, and also leaving scope for introducing more stringent measures. This initiated several discussions over the issues concerning effect of such legislation’s new labeling requirements (plain packaging) on the intellectual property rights (trademark rights) of the tobacco manufacturers. The justifications for the new limitations are considered from a broader global perspective and from an Intellectual Property law one. This paper examines case law, legislative provisions and surveys approved by WHO, alongwith reports made post implementation of plain packaging in Australia, and other relevant available data and information. It further aims to reflect on the character of protection, arguing that there is neither deprivation nor expropriation of property, but a mere control of use and that the right conferred upon registration of a mark is iusexcludentialios and not a right to use. It also discusses on how plain packaging is oppressive towards the interests of the trademark proprietors and is not the most effective for attaining the public health objective, while drawing upon sociological and economical research, and how it possesses the risk of increase of illicit trade and counterfeits.

55 ref

044719   LOURDEN SELVAMANI V, DHILIPAN C, ARUL P G (International Business Dep, Pondicherry Univ, Kalapet- 605 014, Puducherry, Email: manilourden659@gmail.com) : Role of international universities in generating green technologies. J Intellec Prop Rights 2020, 25(1), 23-8.

The purpose of this paper is to analyse the participatory role of universities in generating green patent in the transport segment. The study utilizes the World Intellectual Property Organizations (WIPO) product International Patent Classification (IPC) green inventory patent and patent scope database for the period from 1970 to 2018 for 152 contracting states. We found that patent applications had been growing around the world, but at a slower phase. At present 756 universities are actively generating green patents particularly universities from China. In aggregate Universities applied 6108 PCT applications and national patents in the category of transport environmentally sound technologies. This research contributes to the evidence on the role of universities in sustainable development.

4 illus, 1 table, 27 ref

044718   NIRALA C (King’s Coll London, London WC2R 2LS, United Kingdom, Email: chintannirala0106@gmail.com) : Role of IP in investor-state conflicts involving human rights issues. J Intellec Prop Rights 2020, 25(1), 15-22.

The field of investor-state arbitration in recent years has been a playground between investors and state. Fortunately or unfortunately, it has also taken within its garb the issues involving human rights. The state is often coerced by the investors to forsake its duty to protect the rights of its own citizens in lieu of its treaty obligation to protect their agreed investor rights. A new actor has emerged in this conflict, namely, Intellectual Property Rights. The article is an attempt to assess the role of intellectual property and its possible contribution in conciliation of the conflict. The first section traces the path of intellectual property emerging as an ‘investment’ in the context of investment law. The second section focuses on the use of intellectual property (IP) norms and human rights standards in treaty interpretation and arguments forwarded by both parties. The third section sets out the possible role that IP can play as a conciliator in this conflict.

39 ref

044717   MATHUR A (Guru Gobind Singh Indraprastha Univ, Delhi- 110 078, Email: alankrita.mathur033@gmail.com) : A reflection upon the digital copyright laws in India. J Intellec Prop Rights 2020, 25(1), 5-14.

In this digital age, where everything is available at one place, to everyone, at all times, the vulnerability of copyrighted works has increased manifold. With high speed internet, peer-to-peer networks, excellent technologies facilitating rapid reproduction without loss of quality, fast and easy dissemination and high density storage devises, the copyright violation is becoming an effortless task. Though the traditional notion of copyright still remains the same i.e., protection from piracy, however, the mode of operation has and is undergoing a systematic change in the wake of technological development. The performance of rights in typical analogous copyright set-up is extremely different from the performance of such rights at digital platform. Further, ubiquity of internet coupled with various technical obstacles has made it extremely difficult for copyright holder to exactly locate and implicate the infringer/s, which in many cases may be located in different parts of the world. Now with the advent of artificial intelligence, creation of copyright subject matter by machines with very less or no human intervention is potentially raising question as to the authorship of such works. It is clear from the history of copyright laws that it has always responded in affirmation to the technological advancements by amending the existing systems to keep in tune with the changes taking place and to combat the challenges threatening its smooth and effective functioning. In this backdrop, this article presents an analysis of the phenomenal impact of digital technologies over copyright regime, its advantages and disadvantages, the protection of rights of copyright holder and the liabilities of intermediaries etc. Further, this article shall also explore the digital copyright laws available in India to combat the myriad challenges posed by the ever advancing digital technology and to find out their sufficiency.

26 ref

039193   KIM E, LEE S, BAE K (Chungbuk National Univ, Korea, Email: ksbae@cbnu.ac.kr) : Factors affecting open innovation performance of Korean content company: Focus on alliance strategy and intellectual property management capacity. J Sci Ind Res 2020, 79(01), 11-5.

This paper analyzes the factors affecting open innovation performance in the Korean Contents industry, with a focus on alliance strategy and intellectual property (IP) management capacity, by applying multiple regression models with data collected from 89 companies. The results showed that the technological alliance of a content company has a statistically significant impact on its innovation performance. IP management capacity also showed a positive influence on an innovation performance of content companies. This study suggests that content companies need to build up technological alliance with multiple external sources and their IP management capacity in order to maximize their open innovation performance.

2 tables, 17 ref

027464   MALE G (School of Computing and Information Systems, Gaborone, Botswana, Email: ggmggmg@gmail.com) : Enabling environment for research and development growth in Africa: IP protection, challenges, drivers and approaches. J Intellect Prop Rights 2018, 23(4-5), 211-21.

The disadvantaged status of economic development for most countries in Africa, coupled with the challenges faced by these countries in areas of basic human needs, continues to be a hurdle to the successful research and development initiatives on the continent as priority continues to place funding-emphasis on addressing basic human needs. The comparatively low level of research participation by higher education institutions, particularly university level, coupled with the absence of a globally significant involvement of Africa’s-industrial sector in research, are factors that will need to be addressed if Africa’s contribution to global research output is to realize significant growth. This is particularly important as industry and universities continue to be the main drivers of growth in the area of innovative research development and research application. In light of these challenges, the assertion that research has value for Africa and hence the need for Africa to continue improving its global profile in research, this paper presents a discusses different approaches to IP development, acquisition and protection and how each of the approaches can be utilized towards growing the level of Africa’s participation and contribution to research and development output. While drawing attention to research collaboration approaches and to the envisaged benefits of such collaborations, the paper identifies higher education systems, industry, and governments are key drivers of research and development, and hence the need for Africa to leverage on, as well as focus on development to a level where these drivers become more pronounced as instrumental to driving achievements in innovative and impactful research and development for Africa.

1 table, 23 ref

027461   CAMPI M (National Scientific and Technical Research Council (CONICET) & Buenos, Córdoba 2122, C1120, CABA, Argentina, Email: mmcampi@gmail.com) : The co-evolution of science and law in plant breeding: Incentives to innovate and access to biological resources. J Intellect Prop Rights 2018, 23(4-5), 198-210.

This paper analyses the co-evolution of scientific progress and intellectual property protection in plant breeding and the debates generated in its design and implementation. It relates the institutional history to several problems related with incentives to innovate, appropriability of innovation rents, disclosure and cumulativeness, and diffusion and access to biological resources. We identify three main issues that were fiercely discussed along history: firstly, whether plant varieties and other biological resources could be considered as inventions or simple products of nature, secondly, how to provide incentives to plant breeders without preventing access to innovation and looking upon the contribution of farmers to obtain present improved varieties, and, thirdly, the social cost of generating monopolies in plant breeding and agriculture as food producers. These three issues have shaped the debates and remained controversial until our days. The analysis shows that legal and scientific factors evolved at different paces, resulting in different IPRs systems, and giving raise to several problems.

1 illus, 70 ref

027467   VATS N R (Rajiv Gandhi National Law Univ, Patiala – 147 006, Email: vatsnk2006kurukshetra@gmail.com) : Electronic library of spiritual heritage: Copyright limitations and exceptions. J Intellect Prop Rights 2018, 23(4-5), 194-7.

Today, we are in the race of virtual world but due to inadequacy and costly affair for managing physical infrastructure, huge demand of labour needs big budget to maintain. However, short life of physical material as well as literature comparatively to digital world and time consuming affair to serve the users is a usual practice. With evolution of digitization, the information technology has opened the doors for the open access and the e-library has broken the boundary which has become accessible to users. On the one hand the students, scholars, knowledge seekers and learners will be able to get benefits of open access except the restricted contents in languages they desire and on the other hand the authors of the books and other literatures should not be deprived to their exclusive rights of reproduction, economic and dissemination. There may be accessibility to the data bank, in electronic form as literature, dramatic, scientific, an artistic works subject to the registration on particular domain as visitor/regular member or on payment as casual visitor whatever the conditions applied. The researchers aimed to analyse the limitation on rights of copyright owners on sharing of digitized information, understand the durability of electronic data on cultural, spiritual heritage and promotion of tourism.

9 ref

027465   PALAR M R A, SUKARSA D E, RAMLI A M (Law on Information Technology & Intellectual Property Dep, Padjadjaran Univ, Jawa Barat 45363, Indonesia, Email: miranda.risang.ayu@unpad.ac.id) : Indonesian system of geographical indications to protect genetic resources, traditional knowledge and traditional cultural expressions. J Intellect Prop Rights 2018, 23(4-5), 174-93.

Geographical Indications are the Intellectual Property Rights’ system protecting a sign attached to a good or service indicating its geographical origin. A Geographical Indication is the only conventional intellectual property subject matter where the right holder is an entire community rather than an individual. The communal nature of rights to community property such as genetic resources, traditional knowledge and traditional cultural expressions makes obtaining protection difficult under conventional intellectual property regimes where rights holders are conventionally individuals. This article considers Geographical Indications as a promising legal option and responds to the need for pragmatic legal means by which Indonesian products embodying genetic resources, traditional knowledge and/or traditional cultural expressions may enjoy protection within Indonesia’s current Intellectual Property System. The main questions posed include the following: does the Geographical Indication Protection System in Indonesian Law Number 20 of the Year 2016 sufficiently protect all products deriving from or associated with genetic resources, traditional knowledge and/or traditional cultural expressions? How should this system be positioned relative to other pertinent Laws and regulations dealing with the same matter(s)? Should another Law or regulation be added or considered in order to strengthen protection? This article aims to provide answers by analysing results from literature and empirical studies. Data from literature studies were obtained from primary and secondary legal resources, in particular from Laws and implementing regulations, as well as various published research on protected products. Data from empirical studies consists of qualitative data gathered through direct observations and non-structured interviews. Results of these studies demonstrate Geographical Indication systems can be used to protect some but not all products associated with or derived from genetic resources, traditional knowledge and/or traditional cultural expression. Geographical Indication protection should therefore be exercised in addition to other Laws and implementing regulations specializing in safeguarding and protecting genetic resources, traditional knowledge and/or traditional cultural expressions.

1 illus, 1 table, 116 ref

027466   ROY A, KARDILE M, JANODIA M (Intellectual Property Management Group, Maharashtra - 412 115, Email: archnaroy@lupin.com) : Comparative analysis of Canadian 'certificate of supplementary protection' with USA and Australian 'patent term extension' and European 'supplementary protection certificate'. J Intellect Prop Rights 2018, 23(4-5), 167-73.

As a result of Comprehensive Economic and Trade Agreement (CETA), for the first time, on 21 September 2017, Canada introduced Certificate of Supplementary Protection (CSP) regime. Before CETA was executed, Canada was the only country of G7 (Group of 7) countries not to legislate Patent Term Extension (PTE). This new regime is an important moment for the Canada’s intellectual property (IP) framework. On one hand, this regime provides an opportunity to innovators of pharmaceutical and veterinary products to recover investments made to obtain marketing authorizations for medicinal products, and on other hand, it impacts the timing of entry of generic products in the Canadian market. This article provides comprehensive information regarding the Canadian CSP and its comparative analysis with United States of America and Australian PTE and European Supplementary Protection Certificate (SPC).

1 illus, 1 table, 28 ref

027463   KISHORE K (ICAR- Indian Institute of Horticultural Research, Bhubaneswar – 751 019, Email: kkhort12@gmail.com) : Geographical indications in horticulture: An Indian perspective. J Intellect Prop Rights 2018, 23(4-5), 159-66.

Geographical Indication, an exclusive community rights, recognizes crucial roles played by location, climate and human know-how in making the products distinguished on the basis of their unique intrinsic attributes. It acts as an effective tool in protecting and rewarding not only the market potential of elite items but also the traditional knowledge associated with them. Since the enactment of the GI Act, 89 agricultural items have been accorded with GI tags till March 2018 and among them the share of horticultural items is more than 75 percent. Among horticultural crops, maximum GIs have been accorded to fruit crops (36) followed by vegetable crops (11). Plantation crops and spices share 8 GI tags each, whereas flowering plants and medicinal and aromatic plants conferred with 5 and 2 GI tags, respectively. Mango, citrus, banana, chilli, tea, cardamom, jasmine, grapes, pineapple, brinjal, onion and coffee are important horticultural crops with regard to GI tags. The state-wise ownership of GIs in horticultural crops indicates activism of Maharashtra and Karnataka. The efforts made by public and quasi-public institutions in obtaining GI tags are indeed a significant to protect, exploit market potential and to facilitate better return to legitimate rural producer from origin-linked reputed products as under the TRIPS Agreement unless a geographical indication is protected in the country of its origin there is no obligation under this Agreement for other countries to extend reciprocal protection.

3 illus, 1 table, 19 ref

027462   EGWU C C N, , EGWU C (Ebonyi State Univ, Abakaliki, Nigeria, Email: decordys@gmail.com) : Genetically modified crops controversy: The actualization of intellectual property rights regime. J Intellect Prop Rights 2018, 23(4-5), 151-8.

Genetically modified crops have generated a lot of controversy on intellectual property rights. GM crops, also called Genetically Engineering (GE) crops contain altered genetic materials, or have genes transferred from other organisms to introduce new agronomic traits to production. The common targeted traits of GM crops include herbicide tolerance, pet, and pathogen resistance, a biotic stress tolerance, and product quality. GM technology has been applied in many major field crops, including soybean, corn, cotton, and canola by planting GM crops. Farmers may benefit from increased yields, less use of herbicide and pesticide, lower production costs, reduced cost of labour and capital equipment, and improved agricultural productivity. This paper critically appraises genetically modified crops, vis-a-vis, intellectual property rights, and satisfies itself that controversy really exists. It describes the benefits that genetic modified seed can provide to farmers, as well as the concerns that farmers should address before utilizing these seeds. It appraises the case for and against genetically modified crops and opines that the case for genetically modified crops is meritorious.

34 ref

027460   ALAM M W, QAYUM S, HASAN M M, XIANGMIN X (Chittagong Univ, Chittagong-4331, Bangladesh, Email: wahidul.alam@cu.ac.bd) : Land-based marine pollution control in Bangladesh: A suggested framework with a critical analysis of national legal issues. Indian J Geo-Mar Sci 2018, 47(10), 1909-17.

Present study critically reviewed the almost national legal regimes of the environmental protection in Bangladesh. A separate wing should be set up under the environment department for enforcing the regulation, law, and order concerning land-based marine pollution. The suggested framework will help to implement the comprehensive law for land-based marine pollution control in Bangladesh.

3 illus, 4 tables, 31 ref

026231   JANA S (Indian Institute of Science Education and Research, Mohanpur- 741 246, Email: siladitya.jana@iiserkol.ac.in) : Copyright issues in the academic environment. Ann Libr Inf Stud 2018, 65(2), 100-4.

The paper highlights the issues in the prominent copyright case between some big publishers and a Delhi University photocopy shop. The paper also addresses the question whether the present copyright system in India requires a relook in view of the changing socio-economic conditions of our society and the world at large. Concludes that supporting students and researchers in their study and research are essential and some changes are required in the present copyright toward this end. Open Access (OA) publishing is a step in that direction.

36 ref

025000   SAMUEL M P, SASTRY R K, PAVANI S (ICAR-Central Institute of Fisheries Technology, Kochi – 682 029, Email: manojpsamuel@gmail.com) : A strategic framework for technology valuation in agriculture and allied sectors in India- case study of Chitosan. J Intellec Prop Rights 2018, 23(2-3), 131-40.

Standardized tools for valuation of agricultural technologies developed in National Agricultural Research System of India are featured in this study with a generalised framework. A valuation pyramid with several levels of qualitative and quantitative approaches was designed. The new framework was articulated by a case study on production of Chitin & Chitosan from crustacean waste, a technology of Central Institute of Fisheries Technology, Kochi. The value of the novel technology was calculated using various methods, customized for the specific domain. With few suppositions at every level of the process flow, the value worth of the technology was calculated using different methods. This system attempts to deliver a valuation practice which is suitable for most of the technologies coming up in the public agricultural research system.

3 illus, 7 tables, 16 ref

024999   SHARMA G, KUMAR H (Central Univ of Gujarat, Gujarat- 382 030, Email: gautam.sharma@cug.ac.in) : Exploring the possibilities of utility models patent regime for grassroots innovations in India. J Intellec Prop Rights 2018, 23(2-3), 119-30.

Patents are considered to be the most authoritative rights which incentivise the knowledge producer. However, the current patent system is criticised by many scholars for favouring the formal sector industries of the economy having a large market and resources for commercialising their innovations. Today there are many innovations which emerge from the informal economies of the low-income nations like India which consists mostly of imitation and adaptation of the existing technologies. Many of these innovations fall short of the strict patentability and non-obviousness criteria. Further, the costs associated with applying for the patents discourage many innovators from the informal sector to make use of these rights. The ‘grassroots’ innovations in India represent the informal sector innovations which have been developed by poor people at grassroots to provide solutions for their own problems. With a view to promote and foster grassroots innovations, this paper studies the potential of ‘utility models’ as a tool to protect the innovations in the informal economy of India. By analysing the patenting data of grassroots innovations in India and conducting interviews with the grassroots innovators, the study finds that the existing IPR regime in India fails to protect all the incremental and minor innovations emerging from its informal economy.

3 illus, 1 table, 50 ref

024998   VERMA S, MISHRA N (Institute of Management Studies, Uttar Pradesh-201 009, Email: servjaeta.verma@gmail.com) : Recognition and marketing opportunities of a "GI" tag in handloom product: A study of Banaras brocades and sarees. J Intellec Prop Rights 2018, 23(2-3), 101-10.

Geographical Indication of Goods is an element of Intellectual Property Right which attributes goods to its geographical origin. These goods may fall under diverse categories as agriculture, natural goods, manufactured goods, food products, textile and handicraft items. Darjeeling Tea was the first product to get GI status and till date 303 products have received GI tagging in India. Legal protection through “GI” tag prevents similar products from taking the unfair advantage. Despite measures by Government to protect the indigenous treasures, the economic potential of most of the products remains underutilized. The study discusses about recognition and marketing opportunities of ‘Banaras Brocades and Sarees’, a handloom product that received GI tag in year 2009. The study discusses current industry trends and market drivers for handloom products w.r.t Banarsi Saree. Though initiatives have been taken to protect the authentic art of weaving, and awarding ‘GI’ status had been landmark in this regard, but there is lack of planning and implementation of post GI measures in order to realize the commercial potential of same. In order to leverage the commercial benefits of ‘GI’ tag, the study recommends strategies for brand building and marketing of ‘Banaras Brocades and Sarees’ for Indian and international markets.

36 ref

024997   KHANNA N (Maastricht Univ, LH Maastricht, Email: nainakhanna@91@gmail.com) : The securitization of IP assets: Issues and opportunities. J Intellec Prop Rights 2018, 23(2-3), 94-100.

Securitization of Intellectual Property (IP) Assets is very recent phenomenon that has been less captured by the academic literature on IP valuation. The understanding and application of the concept in India has been found even scantier. This article attempts to bring in some clarity about the general concept of securitization and its specific application to IP. It also captures the various risks and issues that limit the scope of securitization of IP assets from becoming an effective and successful tool of financing. A section is devoted to briefly analyse the status of IP asset securitization as done in the USA and its limited application in India; thereby leading to suggest some consideration that could enhance its scope in India.

32 ref

024996   LISITSA V N (Novosibirsk State Univ of Economics and Management, Russia - 630 099, Email: lissitsa@mail.ru) : Intellectual property and intellectual rights: Issues of correlation. J Intellec Prop Rights 2018, 23(2-3), 86-93.

The article examines the legal nature of intellectual property and intellectual rights according to international, Russian and Kazakhstani intellectual property law and establishes the differences between them. The former one as a set of intangible objects (literary, artistic and scientific works, performances, phonograms, broadcasts, inventions, etc.) reflects their abstract (non-material) matter. They are just created, but not able to be granted, held, divided, restricted, transferred, terminated, etc. It is noted that not all of them are protected, but those which are end-listed in national law of a particular country in accordance with the rules of international law. Depending on the types of intellectual rights to be granted (moral or/and economic rights), objects of intellectual property can be divided into two groups: the results of intellectual activities and equated to them means of individualization of legal entities, goods, work, services and enterprises. Unlike intellectual property, intellectual rights (copyright and related rights, patent rights, etc.) are legal rights, which in virtue of law provide for a lot of legal possibilities and can be shared among different individuals and legal entities, enjoyed by them, transferred to third parties and thus applied in transactions. Especially it concerns an exclusive (economic) right, which is granted over any object of intellectual property, and it includes two main legal possibilities for its holder: to use the object in any legitimate manner and to dispose of this right.

22 ref

024995   KLIEN J A, RAO P M, DALVI M (Long Island Univ, New York- 11548, USA, Email: Manoj.Dalvi@liu.edu) : Competition and consumer privacy in the cyberspace market. J Intellec Prop Rights 2018, 23(2-3), 70-85.

This paper will examine legal and marketing implications of certain Internet technological developments impacting competition and consumer protection in cyberspace. The paper will explore to what extent antitrust and consumer protection laws are adequate to deal with the challenges to a competitive marketplace and consumer privacy posed by the development of cyberspace technologies and markets, for example, Internet search engines, social networks and wearable devices. The paper concludes that legal tools for protecting a competitive cyberspace marketplace are fairly robust, while the legal tools to protect consumers from being tracked and profiled by marketers and from the potential intrusions of individual privacy made possible by even more advanced Internet connected sensor and related data-based technologies are still a work in progress. At the same time, the extent of further government regulation in this area must be carefully balanced so as not to unduly restrict data dependent innovation.

3 illus, 1 table, 99 ref

024063   AAMIR M S, AHMAD W (Kulliyat Dep, National Institute of Unani Medicine, Bangalore, Email: shahezadaamir@gamil.com) : Why did the theory of Akhlat put forward?. Hippocratic J Unani Med 2018, 13(1), 25-32.

Unani system of medicine deals with seven basic principles. These principles describe the basic knowledge required to understand the physiological system of human body. Akhlāt (Humour) is one of those seven principles. The concept of Akhlāt has occupied a central place in unani tibb. The fundamentals of humoral medical theory are found in the works of Hippocrates (c. 460–c. 370 BC) such as The Nature of Man where the four humours are named as blood, phlegm, yellow bile and black bile. It is always the task of medicine to trace the true causes as well as probable course of a disease so we can learn how to prevent the disease, if it is not possible, then how to control and cure it. Since ancient times various theories had been put forth regarding the causation of disease. One may ask, why did theory of akhlāt come? How do we know what is wrong within our bodies? We may be aware of symptoms like pains, nausea, vomiting etc. We are also aware of some of our bodily fluids like saliva, sweat, urine, menses or semen etc. In the past, with no way of seeing into the body, an entirely different approach grew up. It may be possible to have a comprehensive picture from the visible fluids of the body, seen as clues to the invisible fluids or internal disturbances. What were these fluids? This paper attempts to address various issues concering the theory of Akhlāt.

10 Ref

024062   BASU A (Indian Institute of Technology, Kharagpur- 721 302, Email: arindam@rgsoipl.iitkgp.ernet.in) : Grasping climate technology transfer: A brief discussion on Indian practice. J Intellect Prop Right 2018, 23(1), 51-9.

Technological solutions are imperative for curbing the menaces of climate change. Thus, development of technology and its transfer have become a crucial component in climate negotiations. Within this grandiose set up, intellectual property rights add a new dimension. It is the constant demand of ‘not so rich nations’ that IPRs should not become a hurdle for transfer and allocation of climate technology. Being the third-largest emitter of greenhouse gases, India has been proactive in climate talks and now is ready move ahead with clean energy development. However, for India the obvious conundrum is about framing proper policies and legal rules that would enlarge technology transfer scenario. Simultaneously, poverty alleviation and sustainable development have been a long-standing challenge for India. An effective implementation of the Paris Agreement and climate change action plans would certainly strengthen India’s position in international arena in years to come.

47 ref

024061   KHURANA S, BANDYOPADHYAY T K (Indian Institute of Technology, Kharagpur- 721 302, Email: tapas@rgsoipl.iitkgp.ernet.in) : Patenting in renewable energy sector- an analysis. J Intellect Prop Right 2018, 23(1), 44-50.

Renewable resources are a part of Earth's natural environment and the largest components of its ecosphere. Because of this very nature, development in the sector of renewable energy is a fast evolving technology area. The non-conventional energy sources consist of solar, thermal, wind, rain, tides, waves, geothermal, hydro/marine, and biofuels. Innovation in solar, wind and other renewable power sector has been growing worldwide. Analysing the patent activity in the area will help in studying the global patenting trends in the area of renewable energy. Hence, the paper aims to analyze the patenting trends in renewable energy sector. The paper further aims to analyze renewable energy policy of the selected countries. This trend illustrates that China is considered as one of the largest hub for renewable energy development. This could be due to the reason that most of the inventors/assignees find bigger market here along with policy support. Governments and policy makers across the world are introducing legislations and support mechanisms to accelerate the development of the renewable energy sector. Many countries have sector-wise laws and ordinances for compulsory purchase of renewable power, promotion of specific technologies like biomass, wind power, geothermal energy, etc. Based on the analysis, it is observed that China is having well-structured renewable energy policies that may be stimulating patenting activities in China.

3 illus, 6 tables, 18 ref

024060   PADMAVATI M (Indian Institute of Technology , Kharagpur- 721 302, Email: mpadma@rgsoipl.ittkgp.ernet.in ) : Ensuring longevity of traditional knowledge associated with biodiversity to address climate change . J Intellect Prop Right 2018, 23(1), 35-43.

Traditional Knowledge is integrally linked to human welfare. The necessity to harvest traditional knowledge is being increasingly realized due to a multitude of reasons. Definitional considerations, protection and enforcement mechanisms related to traditional knowledge have been a part of the continued deliberations in international and national fora. Climate change has arguably brought the urgent need for its rapid inclusion. The protection of traditional knowledge (TK) associated with the use of bioresources and human practices for livelihood sustenance are an important reference point for its inclusive approach. Among the mega-biodiverse nations, India has a rich source of TK with varied communities and cultural contexts. The present study analyses the post Nagoya context in relation to emerging perspectives for TK protection and India’s commitment post the Nagoya Protocol.

2 illus, 1 table, 29 ref

024059   SHANKAR U, BANDOPADHAYA T K, MEHTA C (Indian Institute of Technology, West Bengal-721 302, Email: chandrikamehta93@gmail.com) : Climate change and technology transfer : Tying the knot through human rights. J Intellect Prop Right 2018, 23(1), 27-34.

Mindless exploitation of nature has caused immense damage to human environment. Human activity through technological interventions has contributed to global warming. The incremental rise of temperature has not only threatened the life of individual but also questioned the role of technology in bringing the development. Climate change has thrown a challenge on the scientists/inventors to commit to environment-friendly technology. Realizing the potential damage from climate change, the government world-over, primarily from the developed economy, started investing upon climate friendly technology. Clean energy technology is made subject to a variety of intellectual property protections. Consequently, the exclusive usage of the technology remained with the developed economy leaving behind three-fourth of humanity to deal with the challenges of climate change on their own. Nature knows no boundaries, thus, the effort to mitigate adverse impact upon should not be mortgaged to rich and resourceful. The obligation to employ environment friendly technologies should be made non-negotiable and to be made available from North to South. However, the rigour regime to protect intellectual property brings in challenge for developing nations to import and deploy the green technology for development activities. Comity of Nations has accepted the fact of global warming, natural as well as anthropogenic. The United Nations Convention on Framework Convention on Climate Change bears the testimony of the commitment of the international community to combat the “change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods"". Proponents of IP present a facilitative IP regime as a condition precedent to innovate and develop new clean energy technologies. Whereas opponents of IP finds, the exclusion rights to patent holders as a bottleneck to access the technology. Climate change poses significant threat to the rights to life, adequate food, water, health, adequate housing, and self-determination, while also highlighting the particular impacts on highly vulnerable groups such as women, children, and indigenous peoples (OHCHR, 2009). The issue of access to the technology to contain greenhouse emissions should be seen through the prism of human rights in order to obligate state to address climate change crisis.

26 ref

024058   ROSENCRANZ A, MODI P, PARAB S, VORA A (Jindal Global Univ, Haryana- 131 001, Email: 14jgls-avviral@jgu.edu.in) : Climate change and the patent regime : Are patents the answer?. J Intellect Prop Right 2018, 23(1), 22-6.

Next to nuclear annihilation, climate change poses the greatest threat to life as we know it. Climate refugees are becoming a reality and it is expected that by 2050 most of the Pacific Islands will be under water. Forward-thinking nations have made it their agenda to curb the effects of climate change and ensure the reduction in emissions of greenhouse gases. To effectively combat climate change, the deployment of clean energy technologies to combat the effect of carbon emissions from fossil fuelshas been the tool of choice. Accelerated development and deployment of these clean energy technologies is imperative. The public and private sectors must boost the creation and distribution of clean as well as environmentally sound technologies – something along the magnitude and scale of the space race during the cold war. Addressing the threats posed by climate change requires a portfolio of processes such as extensive introduction of new technologies and modification of existing technologies while also creating optimum environments. The role of intellectual property pertaining to clean energy technologies becomes of utmost importance. The patent regime, by its very nature, can either be seen as a hindrance or an incentive for the development of new technology. This means that an argument can be raised that patents would hinder climate change mitigations as clean technology is patented and licensing it would prove costly. On the other hand, patents will incentivize innovation and therefore lead to advanced technologies to combat climate change. The paper, refutes the former and argues that patents are essential and rebut the presumption that patents will increase prices. The paper explains, with examples, how the holy trinity of patent pools, patent databases and compulsory licensing will help make the clean energy technology competitive and accessible. The future and the applicability of fair, reasonable and non- discriminatory (FRAND) licensing to standardised clean energy technology are also discussed. The paper is concluded with an affirmation that patents are the answer to climate change.

24 ref

024057   BOUWER K (Strathelyde Univ, U K, Email: kim.bouwer@strath.ac.uk) : Insights for climate technology transfer from international environmental and human rights law. J Intellect Prop Right 2018, 23(1), 7-21.

The transfer of technologies to support the development of low-carbon pathways - that are fundamental for the mitigation of climate change - is frequently claimed to be hindered by the protection afforded by intellectual property rights. However, there are arguably further complexities involved in the development, receipt and operation of technologies that discourage the implementation of crucial mitigation processes. This paper challenges the notion of “transfer” of technology under the international climate change regime, in light of the recognition of a focus on needs and cooperative approaches in that context. The paper analyses any unidirectional concepts behind the idea of ‘transfer, building on the human right to science and the notion of fair and equitable benefit-sharing, which is a component thereof. The paper concludes with a series of considerations arising from international human rights and environmental law that could be taken into account in the ongoing negotiations on technology transfer under the international climate change regime.

109 ref

015465   Visha Kumari V;Sastry R K;Chandran M A S; Srivastava T K (NO, Central Research Institute for Dryland Agriculture, Hyderabad-500 059, Email: visha.venugopal@gmail.com) : Managing intellectual property in collaborative way to meet the agricultural challenges in India. J Intellect Prop Right 2017, 22(2), 55-64.

Research and development in all the fields of technology, including agriculture are taking place at an impressive pace today. In parallel, the number of intellectual property rights being applied proliferate in order to compensate innovators for these efforts and investments and to foster further innovation. Innovations are also being rewarded by temporarily restricting competition in the production of the resulting goods and services. Patent thicket or "patent floods" is surely making its impact in country like India by hindering the development and commercialization of technology. This can grow into a larger problem in near future with many more challenges to come. The concept of patent pools and clearing houses can be a likely solution to deal with this impediment. This paper hasattempted to explain the concept of patent pool and clearing house and also a basic suggestive model for Indian National agricultural research system to facilitate the access to best technology options available with less risk of stalking licenses and much less R&D cost.

3 illus, 3 tables, 41 ref

015464   Ryu C H;Suh M (Graduate School of Technology & Innovation Management, Hanyang Univ, Seoul 133-791, Korea, Email: mssuh@hanyang.ac.kr) : Strategies used by patentees to delay patent discolosure in literature searches and measures for counteracting them. J Intellect Prop Right 2017, 22(2), 65-75.

In the context of today's knowledge-based economy, in which creation, distribution, use, and accumulation of information are the primary forces driving wealth and jobs, intellectual property rights represent an important arrangement between the inventor and the government through which the former is granted strong protections by the latter in exchange for "disclosure" to the general public upon expiration of the legally determined protection period. The ultimate goal of such an arrangement is to promote inventions, thereby supporting industrial progress. In accord with this, under the patent system, disclosure of the information related to the patented invention is the prerequisite for obtaining the exclusive right to a novel technology. However, using the loophole provided by the cost-intensive and time-consuming process of analyzing the exponentially increasing patent documentation required around the world, an increasing number of firms try to maintain a competitive advantage by drafting their patent documents in a manner allowing the delay of their actual public disclosure. The current study investigated actual cases of strategies for delaying public disclosure of patents used by some companies when drafting patent documents, and discusses possible measures for more efficient mining of patent literature and related institutional improvement to address this issue.

3 illus, 7 tables, 22 ref

015463   Raina A (NO, National Law Univ, Jodhpur, Rajasthan-342 304, Email: rainaakhil28@gmail.com) : The T(i)PP(ing) point for pharma: why having TRIPS+ patenting standards in the TPP is bad news for developing countries. J Intellect Prop Right 2017, 22(2), 76-82.

This paper discusses the possible public health implications of TRIPS+ commitments found in the newly born Transpacific Trade Partnership (the "TPP"), with a particular focus on developing countries. It argues that the departure from the normal TRIPS standards with respect to the question of 'what constitutes a patent' is harmful in the long run, not just because it creates an unnecessary burden on the ability of developing countries to produce generic versions of life saving drugs, but because it forces the developmental 'south' to adopt health standards which it cannot in practice uphold, and which, they may not necessarily even want.

48 ref

015462   Rahmah M (Private Law Dep, Law Faculty, Airlangga Univ, Surabaya, Indonesia, Email: rahmah_arifin@yahoo.com) : The protection of agricultural products under geographical indication: An alternative tool for agricultural development in Indonesia. J Intellect Prop Right 2017, 22(2), 90-103.

Indonesia has a lot of agricultural products with unique quality and special characteristic associated with geographical factors such as - 11 - Toraja Coffee, Alor Vanili, Banda Nutmeg, Java Tea, Deli Tobacco, Cianjur Rise etc. This paper argues that GI protection may contribute to agricultural product diversities and productivity by enhancing production, processing and developing of unique local, niche and special agricultural products. By qualifying intangible assets that are difficult to transfer to other territories, GIs can be conceptually understood as a catalyst and counter point to dynamics of the local agriculture development in Indonesia. GI strategy becomes a tool to ensure the development of agriculture in Indonesia by increasing productivity, creating employment, increasing the incomes of farmers and producers, adding economic value to products, increasing the diversity of supply products, improving the exports of GI products and contributing to GDP, enhancing agriculture investment, etc.

1 illus, 1 table, 72 ref

015461   Issar N;Goel A (NO, Hidayatullah National Law Univ, Post-Uparwara, Naya Raipur, Chhattisgarh-492 002, Email: nikhil.issar100@gmail.com) : Critique of the indian patent assignments regime: Pre-invention assignments and employee's inventions. J Intellect Prop Right 2017, 22(2), 83-9.

Employer-Employee relations have become a key component of technological development. The Employer, who is more often than not an institution, provides its skilled employees with the financial and technical resources which enable them to create inventions. However, in India, the employer faces difficulty in obtaining the right to file for a patent of such an invention due to two reasons. Firstly, a contract assigning in advance the interests of an employee to an employer is not termed as an "actual assignment" and the same is considered as an "Agreement to Assign". As the beneficial interest of the assignor does not immediately pass, there exists a need to execute an "Actual Assignment" when the invention comes into existence. Secondly, unlike Section 17 of the Copyright Act 1957, the Patents Act 1970 does not provide for a right to apply for a patent to employers for an employee's invention which is created in the course of his employment. This research paper argues for the remedy of either of the above two mentioned defects in the Patent Act, 1970. Furthermore, the research paper analyses Darius Rutton Kavasmaneck v Gharda Chemicals Limited and Board of Trustees of the Leland Stanford Junior University v Roche Molecular Systems, Inc. which displays the unfavourable consequences of leaving the above mentioned defects in any Patent regime.

52 ref

014512   Dey S;Jana T (Rajiv Gandhi School of Intelluctual property Law, Indian Institute of Technology, kharagpur-721 302, Email: tkj@nisacair.res.in) : ISRO'S technical prowess through the prism of patents. Curr Sci 2017, 112(2), 236-51.

The present article primarily analyses the patenting trends of the Indian Space Research Organiza-tion (ISRO) since its formation. The social dimensions and technical prowess of ISRO are well known, but till date no work has been done in analysing its patent portfolio, to let the people be aware of its development, through the prism of patent analysis. This article reports ISRO's patent-ing activities over the past four decades and has mapped the areas in which patents have been granted. Further, it also discusses how ISRO can be part of the era of open innovation and use its inventions economically.

22 ref

011409   Sundaram S;Dubey S K (Pharmaceutical Chemistry Dep, JSS College of Pharmacy, JSS Univ, Ooty-643 001, Email: iprsankar@gmail.com) : Sequel to a relatively unusual and complex patent situation. J Intellect Prop Right 2017, 22(1), 42-5.

Re-purposing of medicines for their newer indications is a routine procedure undertaken in drug discovery, so that if successful, the regulatory approval for marketing the new use or new indication of the drug could be obtained with certainty. After the patent expiry of the older indication, generic manufacturers can begin manufacturing and marketing their version of the product for its off-patented use, if it is appropriate to do so in the country of concern. However, in certain countries, unwittingly, these generic products could also be put to a certain amount of controlling use, which is patent-protected by the innovator, in that country. When there is substantial revenue derived for the innovator from a patent for the controlling use of a drug, a relatively unusual and complex patent situation could arise. This article traces the sequel to the events in the United Kingdom covering the patented second medical indication of the drug, Pregabalin.

8 ref

011408   Raju K D (NO, Rajiv Gandhi School of Intelluctual Property Law, Indian Institute of , West Bengal-731 302, Email: rajukd@gmail.com) : Compulsory voluntary licensing: A legitimate way to enhance access to essential medicines in developing countries. J Intellect Prop Right 2017, 22(1), 23-31.

Compulsory licensing (CL) (the TRIPS language is that other use without the authorisation of the right holder, A.3) is provided under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) regime under the World Trade Organization (WTO). Across the world, the CL on IPRs is granted on similar grounds like unreasonably exorbitant prices of a medicine; patent being not worked in the country; where substantial public interest is affected by the way in which IPR holder is exercising his rights etc. The Doha Declaration on Public Health provides special privileges for countries without manufacturing facilities. Presently, more and more multinational pharma companies are turned into strategic alliances with domestic companies for manufacturing patented drugs in order to avoid CL. For example, the Swiss drug maker Hoffman La Roche has entered into an agreement with Emacure Pharmaceuticals for locally manufacturing three patented cancer drugs in India. Strides Arcolab has entered into collaboration with US Pharma Gilead Sciences for manufacturing HIV/Drugs. The first CL case in India has compelled multinational pharmaceutical companies to change their strategy of strategic collaborations and technology transfers with domestic companies. It is argued that a threat of CL encourages parties for entering into voluntary licensing and it is economical and an alternative option (not exclusive) for developing countries in providing essential medicines to poor people.

2 table, 52 ref

011407   Joshi O U;Roy A;Janodia M (Intellectual Property Management Group, Lupin Limited, Lupin Research Park, Pune-411 042, Email: omkarjoshi@lupin.com) : Comparative quantitative analysis of supplementary protection certificates (SPCs) in Europe. J Intellect Prop Right 2017, 22(1), 16-22.

This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.

6 illus, 2 table, 18 ref

011406   Jajpura L;Singh B;Nayak R (Faculty of Engineering and Technology, BPS Mahila Vishwavidyalaya, Khanpur kalan, Sonipat-131 305, Email: lalitijapura@yahoo.com) : An introduction to intellectual property rights and their importance in Indian context. J Intellect Prop Right 2017, 22(1), 32-41.

The intellectual property rights (IPR) are intangible in nature and gives exclusive rights to inventor or creator for their valuable invention or creation. In present scenario of globalisation, IPR is the focal point in global trade practices and livelihood across the world. These rights boost the innovative environment by giving recognition and economic benefits to creator or inventor whereas the lack of IPR awareness and its ineffective implementation may hamper the economic, technical and societal developments of nation. Hence dissemination of IPR knowledge and its appropriate implementation is utmost requirement for any nation. The present paper highlights various terms of IPR such as patents, trademarks, industrial designs, geographic indications, copyright, etc with their corresponding rules, regulations, their need and role especially pertaining to Indian context. Further, status of India's participation in IPR related activities across the world has been discussed in brief.

1 table, 56 ref

011405   Agarwal P (NO, National Univ of Singapore , Singapore-119 077, Email: pankhuri.nujs@gmail.com) : Impact of TPP on international, Regional and other plurilateral IP Norm setting. J Intellect Prop Right 2017, 22(1), 7-15.

In the wake of recent signing of the U.S. led Trans-Pacific Partnership Agreement (TPP) between twelve Pacific-Rim countries on 4 February 2016, need has arisen for analysing the impact of plurilateral intellectual property (IP) negotiations like TPP and Anti-Counterfeiting Trade Agreement (ACTA) as opposed to that of the multilateral IP negotiations at forums like World Trade Organization (WTO) and World Intellectual Property Organization (WIPO). The paper describes the meaning of multilateral and plurilateral agreements and the reasons for the shift from former to the latter. It then analyses the negatives and positives ofplurilateral agreements. Further, it provides a critical comparative analysis of some of the patent law provisions of the TPP and Agreement on Trade Related Aspects of Intellectual Property (TRIPS) to illustrate how the plurilateral IP agreements may take away the flexibilities that TRIPS allows to its members considering the different stages of development they are in and thereby adversely impact public interest. Lastly, the paper analyses the impact of the plurilateral negotiations, especially that of TPP, on multilateral, regional as well as other plurilateral IP-norm setting.

67 ref

008285   Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013) : Computer related inventions (CRIs) revisited by Indian patent officer - finalizing the CRI guidelines - third attempt. J Intellect Prop Right 2016, 21(2), 117-19.

The latest news in the Indian intellectual property scenario is on the changing stance of the Indian Patent Office on the patentability of Computer Related Inventions. The spotlight of March 2016 is on the new guidelines issued by the Indian Patent office for examination of the applications for patents related to inventions in the area of computers and software. Any comments or suggestions may be sent to IPneeti@outlook.com or neeti@anandandanand.com.

1 ref