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

008284   Viswanath R (NO, National Law Institute Univ, Bhopal, Email: raghavi1995@gmail.com) : Demystifying the Indian FRAND regime: the interplay of competition and intellectual property. J Intellect Prop Right 2016, 21(2), 89-95.

FRAND-encumbered SEP-holders have increasingly been involved in legal battles, arising out of the existing ambiguities in the FRAND regime. This essay attempts to deconstruct the complexities of the FRAND system and evaluate its economic soundness. In the Indian context, the development of intellectual property rights law has been intricately linked to the political ideologies that inspire the incumbent governments. The essay seeks to relate the political motivations and the economic impact to achieve at a harmonious understanding of the current framework of FRAND licensing in India. In light of recent judicial developments, the growing convergence of competition law and patent law has been discussed, with particular emphasis on the competing jurisdictional claims. Undertaking a critical appraisal of the Indian model as it currently is, the essay suggests modifications to increase the suitability of the Indian economy while maintaining the balance between public policy and competitive markets.

41 ref

008283   Sharma A (SMAS Intellectual Properties, Prism Towers, Business Bay, Dubai-14159, United Arab Emirates, Email: asapoorvasharma2@gmail.com) : Investor-state dispute settlement mechanism and intellectual property matters. J Intellect Prop Right 2016, 21(2), 105-9.

The proposed IP and Investment Chapters in the Trans-Pacific Partnership Agreement (TPP) and the recent North American Free Trade Agreement (NAFTA) investor dispute notifications by Eli Lilly against Canada has initiated the discussion concerning the impact of introducing Intellectual Property Rights (IPR) in the purview of investment chapters of trade agreements. These provisions protect the investor's right to initiate dispute settlement proceedings against the foreign government under the international law by reasoning that the new law harms their present and future profits. However, on the other hand, it also undermines the ability of the national government to introduce domestic laws for the well being of its citizens, lest they be deemed as discriminatory by the foreign investors. In this paper, the effect of treating IP as an investment in the trade agreements and utilization of ISDS to resolve IP matters by way of analyzing the IPR cases will be examined that have been brought before the courts by the foreign investors in various countries.

13 ref

008282   Mehrotra D;Sabitha S;Nagpal R;Mattas N (Amity Univ, Sector 125, Noida, Uttar Pradesh-201 313, Email: saisabitha@gmail.com) : Landscape analysis of patent dataset. J Intellect Prop Right 2016, 21(4), 211-25.

With the advancement of technology in almost all sectors of industry and decreasing span of product, inventing new ideas are required for any industry. These ideas need to be properly guarded through patents to provide inventor due economical reward and right to control his creation. The patents are stored in large databases. The analysis of these databases will help to get an insight into the technology sector, competitor and chronological development in the field of technology. It also helps the inventor to understand how his invention can cater to the need of the current market, so that viable industry collaboration can be done. Landscape analysis of patent is done to get a comprehensive view about all these information. Various computational approaches are used to analyse the patent dataset. These approaches and their objectives are discussed in this literature. By converging all of them on a single platform will provide complete insight at a single point which will aid the inventor and business investor. In this research work an extensive literature on existing approaches is discussed. A framework for a landscape analysis is proposed along with tools and techniques that can be suitably used for a complete technological growth and patent data.

2 illus, 7 tables, 70 ref

008281   Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R (Transfer of Technology Div, Training and Production Economics, ICAR-Central Arid Zone Research Institute, Jodhpur, Rajathan-342 003, Email: manju4645@gmail.com) : New Indian seeds bill: stakeholders' policy advocacies to enact. J Intellect Prop Right 2016, 21(2), 73-88.

The new Seeds Bill was introduced in the parliament in 2004. The extent of dissent among various stakeholders is evident from the fact that the Bill is not enacted into an Act even ten years after its first introduction in the parliament. If Seeds Bill has to be passed into Seeds Act, it is imperative that contentious issues have to be amicably resolved and settled. Hence, it is important to understand the concerns and priorities of all those associated with Indian seed industry. In this context, this study was aimed at identifying the priorities of various stakeholders with respect to Indian seed legislation. The study was conducted in Andhra Pradesh (AP) and Bihar involving six sets of stakeholders: 240 farmers; and 30 respondents each from State Departments of Agriculture; Researchers form ICAR and SAU's; NGO's; Seed dealers and Private Seed Companies (PSCs). Total sample size for the study was 390. Farmers' expectations from the new Seeds Bill were to protect and uphold their traditional rights over seeds. This priority was implicit for farmers irrespective of their awareness and knowledge on laws that protected and upheld these rights such as PPVFRA 2001. Farmers' dependence on formal seed market and consequent demand for availability of quality seeds at affordable prices has increased. Government's focus on increasing Seed Replacement Rate must be preceded with strict quality control regime in production and distribution of certified/quality seeds. Farmers also demanded for strengthening and incentivizing informal seed production and distribution system which accounts for upto 80 per cent of seed distributed in the country. Speedy and efficient compensation mechanism needs policy attention. The priorities of NGOs and Agriculture Department Officials (ADOs) were similar to those of farmers. However, ADOs believed that strengthening of public sector seed R&D, production, certification, testing, quality control and distribution system was the most priority area. There is a great degree of agreement among farmers, NGOs, ADOs and researchers that State governments ought to be granted enough powers to regulate seed industry in their respective states including powers to regulate sale price of and trait fee over seeds, to pay compensation and to take strict punitive and accountability measures. Development of new cultivars and production and distribution of quality seed were the priorities of researchers. Seed dealers expressed that measures to strengthen market infrastructure and curbing market malpractices need utmost attention. PSCs' priorities were completely different and even conflicting with those of farmers and other stakeholders. Their concerns were deregulation of seed prices, liberalization of Indian seed sector including nil/least market intervention by government, access to germplasm available with public sector, PPP to market public-sector bred cultivars, self-certification of seed and single window mechanism to oversee the clearance of transgenic crops. When compared with farmers' priorities, the PSCs differed significantly on all twelve contentious issues; researchers and seed dealers on eight issues and ADOs on five issues. NGOs priorities were similar with those of farmers on eleven issues. Issues such as regulation of seed sale price and royalty fee, compensation mechanism, granting powers to State governments, strengthening public and informal seed systems are the common issues on which there is general agreement by all stakeholders except PSCs. These issues need to be addressed in the final draft of the bill before it is enacted into Seeds Act.

8 tables, 33 ref

008280   Manap N A;Shapiee R B;Tehrani P M;bin Mohd. Shariff A A (NO, National Univ, Malaysia, Bangi, Selangor, 43600, Email: pardismoslemzadeh@um.edu.my) : Protecting R&D inventions through intellectual property rights. J Intellect Prop Right 2016, 21(2), 110-16.

Intellectual property rights play an important role in socio-economic development. Countries attempt to have stronger IPR laws over their R&D outputs and other forms of technological development. The role of IPR is also significant in the protection of the results of research. Existing IPR tools which are devised by IPR experts at some level are difficult to use and handle. R&D outputs at national level can robust. This study elaborates on the need for intellectual property rights for R&D investors and the issues to be addressed in developing an appropriate IPR framework. For this purpose it will analyze the IPR provisions of the Horizon 2020 European Union Framework Programme for Research and Innovation and the various issues involved.

27 ref

008279   Jui C W;Trappey A J C;Fu C C (Institute of Nano Engineering and Micro Systems, National Tsing Hua Univ, Taiwan, Email: davidjui@itri.org.tw) : Method of claim-based technology analysis for strategic innovation management- using TPP-related patents as case examples. J Intellect Prop Right 2016, 21(4), 243-59.

Analysis of patents reveals trends in technology development in given domains, particularly for commercial adaptation concerning intellectual property (IP) protection. Such an approach allows enterprises to track IPs and evaluate their potential competitiveness vis-a-vis their competitors. Patent clustering is a core step of the entire patent analysis process for conducting technology analysis and can be utilized to group various patents into relatively consistent categories. Forecasting methods are used to develop optimal R&D strategies and anticipate potential outcomes. However, current clustering methods for such technology forecasting, based on general patent keywords or text mining have difficulty in carrying out categorization efficiently and precisely to provide decision makers with insights into technological trends. This research develops a new methodology of patent claim-based technology clustering to predict IP protected technology frontiers as the critical references for the strategic innovation planning. An in-depth patent analysis case study is conducted on two photon polymerization (TPP) technology to demonstrate the generalized methodology working in practice. With annotated elements in independent claims of patent documents, patentable features are identified for given patents. The patentable features to achieve the task of simplification have been highlighted. Afterward, patents are clustered in accordance to the identification of patentable features in the simplified sentences to provide the clusters with names and definitions. The proposed approach establishes a unique clustering principle so as to enhance the accuracy and credibility of patent analysis based on the legally protected patent claims. This approach provides insight into the landscape of future technological trends, particularly for TPP technologies.

15 illus, 7 tables, 28 ref

008278   Gogoi J (Indian Law Institute, Bhagwandass Road, New Delhi, Email: jupi.gogoi.llm@gmail.com) : 'Judima' The traditional rice wine of dimasa community of Assam: A potential candidate for GI registration. J Intellect Prop Right 2016, 21(4), 238-42.

A geographical indication (GI) is also a tool to protect traditional knowledge (TK), and can promote the trade of TK based GI products. North East India is a hub of TK and traditional alcoholic beverages which constitute a popular TK amongst most tribes. The process of making such beverages and the ingredients used are different in different tribes. Amongst the Dimasa tribe in Assam, their popular alcoholic beverage is a traditional rice wine named Judima. This paper is a case study of Judima as a potential GI and includes step by step procedure for GI registration, the hurdles which might pose in the process and how it could be overcome. The paper also examines the prospects of socio economic upliftment of rural communities as a result of GI registration of their bio-cultural products.

16 ref

008277   Dhankar D (NO, , Univ of New South Wales (Australia), Univ of Delhi, Email: divyaganadhankar@gmail.com) : Commercialisation and biopiracy of genetic resources in the 21st century: The imminent need for stronger regulation. J Intellect Prop Right 2016, 21(4), 193-210.

The commercialization of genetic resources (GRs) is a continuous and evolving process that promises high rewards to those engaged in it. In the 21st Century, GRs and their relevant technology are commercialised either through grant of monopoly rights ingrained in patents and plant variety certifications or through benefit sharing mechanisms. Despite ongoing palavers assuring the free and fair nature of the current Intellectual Property (IP) regime, problems associated with commercialization persist. The lack of interest by the international community to address issues of biopiracy create new forms of deficit causing the imbalance of sovereign powers between nations and bargaining powers between multinational companies and Indigenous communities. Despite the best efforts of the IGC to facilitate text based negotiations for the purpose of reaching an agreement on an international instrument that would provide effective and balances protection to GRs, Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE), recent attempts to gain monopoly rights over inventions developed from misappropriating GRs and associated traditional knowledge (ATK) sheds light on the rampant misuse of the IP regime and the imminent need for the international community to address it. The objective of the paper is to provide fresh evidence that would facilitate the dialogue.

82 ref

008276   Bortey H M;Mpanju F (NO, CSIR-Crops Research Institute, Box 3785, Kumasi, Ghana, Email: hmireku@gmail.com) : Adoption of plant breeders' right system: perceived implication for food, seed security and sovereignty in Ghana. J Intellect Prop Right 2016, 21(2), 96-104.

This study assessed the level of awareness and knowledge among major stakeholders in the relevant sectors of agriculture on the Plant Breeders' Rights (PBRs) Bill of Ghana and review the potential implication of adopting the PBRs system on food and seed security in Ghana based on stakeholders' perception and case studies from other countries already implementing a PVP system. A field survey was conducted to administer questionnaires to participants comprising plant breeders, farmers, the general public, seed companies and Seed Producers Association, legal practitioners, National Research Institutions and the Registrar General's Department (proposed regulatory body). The second part of the study is a review of historical data on PBRs system impact studies in Kenya, Tanzania and South Africa. The primary data were analysed using mainly descriptive statistics, employing Statistical Package for Social Sciences (SPSS), while the secondary data was analysed, contextualized and narrated. The current study confirmed the proposition that lack of and inadequate awareness and knowledge of the PBRs Bill among stakeholders could have stalled the passage of the Bill. Majority of farmers (61%) were not aware of the existence of the PBRs Bill and as high as between 70-79% lacked knowledge or understanding of the basic provisions of the PBR Bill, including the "farmers' privilege" provision. Six out of ten (63%) farmers in Ghana continue to rely on their saved seeds, exchange or purchase from local grain markets for planting with only 12% purchasing seeds from Agro-dealer shops. The adoption of PBRs system in Ghana has the potential to improve the seed and food security system provided the recommendations offered by various stakeholders are thoughtfully considered.

6 illus, 3 tables, 25 ref

008275   Bhagwat M;Kaushik G;Shivpuje V (Micro Labs Ltd, Saki Estate, Chandivali Road, Chandivali, Kurla(W), Mumbai-400 072, Email: mitali.bhagwat@gmail.com) : Second medical use patenting: A review of practices across different jurisdictions. J Intellect Prop Right 2016, 21(4), 260-4.

Dying new drug pipeline, increasing cost of new drug discovery and generic competition has brought back the focus on drug repurposing. The keen interest in second medical use of known drugs is a sign of trends in the pharmaceutical industry. However, the business potential of the new indication also depends on the availability of patent protection. This study provides a review of the patentability of second medical uses in various jurisdictions. The article reviews different types of claims that are granted by patent offices for second medical uses and the relevant legislations across different jurisdictions.

3 tables, 6 ref

008274   Amaral C E;Forcellini F A (Federal Univ of Santa Catarina, R. Eng. Agronomico Andrei Cristian Ferreira, s/n-Trindade, Florianopolis- SC, 88040-900, Email: claiton.emilio@gmail.com ) : Patent development and filing in Brazil: Application of value stream mapping to optimize the patent generating process of a company. J Intellect Prop Right 2016, 21(4), 226-37.

In order to meet their growing needs to remain competitive by constantly introducing innovative products and/or services, companies today face challenges in their administrative process that originally were not designed to handle the significant increase in the flow of information. In the innovation cycle only a structured process is not enough. However, the organization must have agility and efficiency. This paper reports an analysis of the Patent Application Filing Process (PAFP) of the Brazilian subsidiary of a multinational company, which is the world leader in the manufacturing of home appliances that for strategic reasons needs to expand its patent portfolio. This study, supported by the value stream mapping (VSM) tool, aimed to identify opportunities to improve the flow and the quality of information, as well as optimization of human and technological resources to reduce their cycle time. As a result of implementing the proposed actions for eliminating waste identified, approximately 45% reduction in the cycle-time of the patent application filing process has been achieved and thereby increases in the number of patent applications filed without the need for additional human and technological resources.

6 illus, 2 tables, 34 ref

005177   Venkatesh P;Sekar I;Jha G K;Singh P; Sangeetha V;Pal S (Agricultural Economics Div, ICAR-Indian Agricultural Research Institute, Pusa Campus, New Delhi-110 012, Email: venkatesh1998@gmail.com) : How do the stakeholders perceive plant variety protection in Indian seed sector?. Curr Sci 2016, 110(12), 2239-44.

Creativity and innovation are important factors for sustainable agricultural growth. Intellectual property rights (IPR) is the key driver of innovation. However, many argue against this view, as it wuld benefit only a certain section in a country. The present study analyses the perception of stakeholders on Indian IPR system for plant varieties. A perception survey was conducted among various stakeholders of the seed industry across the country during 2011-12. Contrary to the view that IPR plays no role in innovation, this study finds a positive perception of majority of stakeholders on plant variety protection (PVP), while highlighting the hits and misses of Indian PVP.

1 illus, 4 tables, 24 ref

022201   Singh V;Chakraborty K;Vincent L (Intellectual Property and Technology Management Unit, ICAR, New Delhi-110 012, Email: kmnmvs@gmail.com) : Patent database: Their importance in prior art documentation and patent search. J Intellect Prop Right 2016, 21(1), 42-56.

In knowledge based economies the nation's economic status depends on the production, distribution and use of knowledge and information. The recent trend in the economic growth of nations is mainly determined by innovative technological know-how of the individuals. Intellectual property has gained attention in this era of knowledge. The vast amount of data generated through the application of intellectual assets is managed with the help of various in- silico tools. In recent days, the patent databases have gained importance due to the detailed information available on the granted patent and other details, such as, legal status of the patent applications, which are not available through any other literature search. This review paper attempts to describe different types of patent databases available, their unique features, strengths, weakness and their major purpose. This paper details the information on how to access a patent database, the relevance of patent information obtained from these databases in prior art search, patent analysis, and the drawbacks present in these patent databases.

1 illus, 1 table, 32 ref

022200   Kochhar S (NO, , 144, Millennium Apartments, Sector 18, Block C, Rohini, New Delhi-110 089, Email: kochhar.sudhir@gmail.com) : Indian perspective for sustainable development agenda and functional IPR and ABS domains in agriculture. J Intellect Prop Right 2016, 21(1), 7-15.

The institutional arrangement for International agriculture trade and trans-boundary access to Indian biodiversity and genetic resources is broadly supportive of both development and sustainability. However, some researchers have questioned the effectiveness of such implementation. The country with regard to sustainable development is committed to enhance farm productivity, better connect to markets, and make farmers less vulnerable to environmental vagaries through enhanced safeguards such as renewed agricultural insurance schemes. Global inter-dependence on genetic resources for food and agriculture will continue to hold the key to achieve the SDGs by 2030. The Section 3 exemptions from patentability under the Indian Patent Law affect R&D in agriculture sector as much as in the pharmaceutical sector but protection of new transgenic varieties and essentially derived varieties is a viable option for promoting exclusive seed business. Innovators in plant biotechnology will have the opportunity to innovate de novo business strategies to license their proprietary products in Indian market while also simultaneously safeguarding the interests of smallholder farmers. Long term interests of sustainability and development through agriculture may be better safeguarded by quickly resolving ABS related issues, for example, 'recognising the legitimate access to indigenous germplasm already held by private seed R&D companies in India prior to enactment of the Biological Diversity Act, 2002'; demanding regular updates on the status of licensing/cross licensing of varieties protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001to ensure their wider availability in the seed value chains as well as harmonise with ABS paradigm, and scaling up the commercial potentials of farmers' varieties registered under the Act to benefit the farmer breeders. Development of IPR and ABS compatible agro-business environment would eventually contribute towards achieving the sustainable development goals.

1 illus, 3 tables, 29 ref

022199   Jain B (NO, SKS Law Associates, F-40, UGF, 1st Floor, Kalkaji, New Delhi-110 019, Email: bharti@skslaw.org) : Impact of granting data exclusivity in agro-chemical sector. J Intellect Prop Right 2016, 21(1), 38-41.

The issue of data exclusivity in India has reignited in context of an alert in early 2015 by the Secretary General of Indian Pharmaceutical Alliance about proposed amendment in Pesticides (Amendment) Bill (IPA, 2015). The proposed amendment is to introduce data exclusivity for a period of five years. It is a general perception that such amendment is TRIPS- Plus and would eliminate competition and create monopolies for agro-chemical and pesticides, thereby escalating their prices. Therefore, it becomes pertinent to analyze data exclusivity in view of the TRIPS Article 39.3 and its impact on the accessibility, availability and affordability of agro-chemicals. In context of the proposed amendments, it becomes relevant to understand the issue of data exclusivity and its impact on the agro-chemical industry in India. Also, the issues which could be faced by various stakeholders and public in general in case the data exclusivity is granted are highlighted.

1 table, 3 ref

022198   Han J;Lee H J (Graduate School of Smart City Science Management Hongik Univ, Room 306-2, Sejong-ro Sejong city, Korea, Email: hjh0037@hongik.ac.kr) : Study on patent trust system in Korea. J Intellect Prop Right 2016, 21(1), 27-37.

With the importance of intellectual property rights, utilization of IP is the key strategy at both firm level and national level. Patent trust system is the system to manage and utilize the intellectual property rights produced by public sector in Korea. In this study, patent trust system and its contribution to vitalize intellectual property right minimizing unused patents is being analysed. In order to fulfill research aims, the numerous Acts and Regulations including both domestics and foreign were used. From the findings, this study suggests that the top priority in revitalization of patent trust system should be the procurement of excellent patent. The trust agencies must procure patents that consumer corporations need. The second concern is the introduction of a patent royalty trust and insurance system. Also, patent portfolio auction needs to be introduced. Finally, patent portfolio auction needs to be introduced for vitalization of patent trust system in Korea.

1 illus, 1 table, 15 ref

022197   Cook T (Wilmer Cutler Pickering Hale & Dorr LLP, 7 World Trade Centre, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : New European Union Trade mark regime and the institutionalisation within it of the co-existence of National and European Union Trade mark rights. J Intellect Prop Right 2016, 21(1), 57-61.

The long awaited revision to the EU Trade Mark Regime, consisting of a regulation that amends the existing one on the Community Trade Mark (to be renamed the European Union Trade Mark), and a new Directive to replace the one that harmonises the trade mark laws of EU Member States, completed its legislative passage on 16 December 2015, and will enter into force in stages from March 2016. In part the revisions that the two measures effect to the existing EU trade mark regime reflect or respond to the interpretations placed on the earlier legal framework by the Court of Justice of the EU. In other respects such amendments are aimed at further harmonising the national regimes and at more closely aligning the national and EU ones. Notably however the new regimeretains, and indeed institutionalises, the co-existence between registered trademarks at EU level and at national level. In addition to discussing some of the changes effected by the new regime this article reviews certain aspects of such co-existence, and provides examples from recent case law as to when registered trade marks at a national level can provide benefits as against those at an EU level.

13 ref

022196   Arora S;Chaturvedi R (Cluster Innovation Centre, Univ of Delhi (North Campus), New Dehi-110 007, Email: drrekhachat@gmail.com) : Section 3(d): Implications and key concerns for pharmaceutical sector. J Intellect Prop Right 2016, 21(1), 16-26.

TRIPS has granted certain flexibilities to the member nations in framing their Patent Laws considering their social and economic needs. Flexibility provided in TRIPS has been utilized by member countries as a safeguard to mitigate the potential adverse effects that drug patents might have on medicine supply. A clause - Section 3(d) - has been redesigned in the Indian patent legislation to restrain the ever-greening of drug patents. Section 3(d) of the Indian Patents Act allows patents on variants of only those chemical compounds that show significant enhancement in therapeutic efficacy. The revised Section 3(d) is deterrent against ever-greening of patent and subsequent monopoly of the multinational drug corporations. Since its introduction, it has been widely discussed for not supporting innovation. The multi-national pharma companies (MNCs) and the US-India Business Council (USIBC) have suggested in their report for elimination of Section 3(d) so that drug patents can be granted in India for incremental improvement and modification. As per US 301 report, India is listed among countries with inadequate IP regime. Keeping all these aspects into consideration, this paper discusses various issues and key concerns pertaining to impact of Section 3(d) with special emphasis to its interpretation.

1 illus, 1 table, 51 ref

021171   Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013) : Computer related inventions (CRIs) revisited by Indian patent office- Finalizing the CRI guidelines- Third attempt. J Intellect Prop Right 2016, 21(2), 117-9.

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

021170   Viswanath R (NO, National Law Institute Univ, Bhopal, Email: raghavi1995@gmail.com) : Demystifying the Indian FRAND regime: The interplay of competition and intellectual property. J Intellect Prop Right 2016, 21(2), 89-95.

FRAND-encumbered SEP-holders have increasingly been involved in legal battles, arising out of the existing ambiguities in the FRAND regime. This essay attempts to deconstruct the complexities of the FRAND system and evaluate its economic soundness. In the Indian context, the development of intellectual property rights law has been intricately linked to the political ideologies that inspire the incumbent governments. The essay seeks to relate the political motivations and the economic impact to achieve at a harmonious understanding of the current framework of FRAND licensing in India. In light of recent judicial developments, the growing convergence of competition law and patent law has been discussed, with particular emphasis on the competing jurisdictional claims. Undertaking a critical appraisal of the Indian model as it currently is, the essay suggests modifications to increase the suitability of the Indian economy while maintaining the balance between public policy and competitive markets.

41 ref

021169   Sharma A (SMAS Intellectual Properties, Prism Towers, Business Bay, Dubai-14159, United Arab Emirates, Email: asapoorvasharma2@gmail.com) : Investor-state dispute settlement mechanism and intellectual property matters. J Intellect Prop Right 2016, 21(2), 105-9.

The proposed IP and Investment Chapters in the Trans-Pacific Partnership Agreement (TPP) and the recent North American Free Trade Agreement (NAFTA) investor dispute notifications by Eli Lilly against Canada has initiated the discussion concerning the impact of introducing Intellectual Property Rights (IPR) in the purview of investment chapters of trade agreements. These provisions protect the investor's right to initiate dispute settlement proceedings against the foreign government under the international law by reasoning that the new law harms their present and future profits. However, on the other hand, it also undermines the ability of the national government to introduce domestic laws for the well being of its citizens, lest they be deemed as discriminatory by the foreign investors. In this paper, the effect of treating IP as an investment in the trade agreements and utilization of ISDS to resolve IP matters by way of analyzing the IPR cases will be examined that have been brought before the courts by the foreign investors in various countries.

13 ref

021168   Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R (Transfer of Technology Div, Training and Production Economics, ICAR-Central Arid Zone Research Ins, Jodhpur, Rajasthan-342 003, Email: manju4645@gmail.com) : New Indian seeds bill: Stakeholders' policy advocacies to enact. J Intellect Prop Right 2016, 21(2), 73-88.

The new Seeds Bill was introduced in the parliament in 2004. The extent of dissent among various stakeholders is evident from the fact that the Bill is not enacted into an Act even ten years after its first introduction in the parliament. If Seeds Bill has to be passed into Seeds Act, it is imperative that contentious issues have to be amicably resolved and settled. Hence, it is important to understand the concerns and priorities of all those associated with Indian seed industry. In this context, this study was aimed at identifying the priorities of various stakeholders with respect to Indian seed legislation. The study was conducted in Andhra Pradesh (AP) and Bihar involving six sets of stakeholders: 240 farmers; and 30 respondents each from State Departments of Agriculture; Researchers form ICAR and SAU's; NGO's; Seed dealers and Private Seed Companies (PSCs). Total sample size for the study was 390. Farmers' expectations from the new Seeds Bill were to protect and uphold their traditional rights over seeds. This priority was implicit for farmers irrespective of their awareness and knowledge on laws that protected and upheld these rights such as PPVFRA 2001. Farmers' dependence on formal seed market and consequent demand for availability of quality seeds at affordable prices has increased. Government's focus on increasing Seed Replacement Rate must be preceded with strict quality control regime in production and distribution of certified/quality seeds. Farmers also demanded for strengthening and incentivizing informal seed production and distribution system which accounts for upto 80 per cent of seed distributed in the country. Speedy and efficient compensation mechanism needs policy attention. The priorities of NGOs and Agriculture Department Officials (ADOs) were similar to those of farmers. However, ADOs believed that strengthening of public sector seed R&D, production, certification, testing, quality control and distribution system was the most priority area. There is a great degree of agreement among farmers, NGOs, ADOs and researchers that State governments ought to be granted enough powers to regulate seed industry in their respective states including powers to regulate sale price of and trait fee over seeds, to pay compensation and to take strict punitive and accountability measures. Development of new cultivars and production and distribution of quality seed were the priorities of researchers. Seed dealers expressed that measures to strengthen market infrastructure and curbing market malpractices need utmost attention. PSCs' priorities were completely different and even conflicting with those of farmers and other stakeholders. Their concerns were deregulation of seed prices, liberalization of Indian seed sector including nil/least market intervention by government, access to germplasm available with public sector, PPP to market public-sector bred cultivars, self-certification of seed and single window mechanism to oversee the clearance of transgenic crops. When compared with farmers' priorities, the PSCs differed significantly on all twelve contentious issues; researchers and seed dealers on eight issues and ADOs on five issues. NGOs priorities were similar with those of farmers on eleven issues. Issues such as regulation of seed sale price and royalty fee, compensation mechanism, granting powers to State governments, strengthening public and informal seed systems are the common issues on which there is general agreement by all stakeholders except PSCs. These issues need to be addressed in the final draft of the bill before it is enacted into Seeds Act.

8 tables, 33 ref

021167   Manap N A;Shapiee R B;Tehrani P M;Shariff A A B M (NO, National Univ Malaysia, Bangi, Selangor-43600, Email: pardismoslemzadeh@um.edu.my) : Protecting R&D inventions through intellectual property rights. J Intellect Prop Right 2016, 21(2), 110-6.

Intellectual property rights play an important role in socio-economic development. Countries attempt to have stronger IPR laws over their R&D outputs and other forms of technological development. The role of IPR is also significant in the protection of the results of research. Existing IPR tools which are devised by IPR experts at some level are difficult to use and handle. R&D outputs at national level can robust. This study elaborates on the need for intellectual property rights for R&D investors and the issues to be addressed in developing an appropriate IPR framework. For this purpose it will analyze the IPR provisions of the Horizon 2020 European Union Framework Programme for Research and Innovation and the various issues involved.

27 ref

021166   Bortey H M;Mpanju F (NO, CSIR- Crops Research Institute, Box 3785, Kumasi, Ghana, Email: hmirekeu@gmail.com) : Adoption of plant breeders' rights system: Perceived implication for food, seed security and sovereignty in Ghana. J Intellect Prop Right 2016, 21(2), 96-104.

This study assessed the level of awareness and knowledge among major stakeholders in the relevant sectors of agriculture on the Plant Breeders' Rights (PBRs) Bill of Ghana and review the potential implication of adopting the PBRs system on food and seed security in Ghana based on stakeholders' perception and case studies from other countries already implementing a PVP system. A field survey was conducted to administer questionnaires to participants comprising plant breeders, farmers, the general public, seed companies and Seed Producers Association, legal practitioners, National Research Institutions and the Registrar General's Department (proposed regulatory body). The second part of the study is a review of historical data on PBRs system impact studies in Kenya, Tanzania and South Africa. The primary data were analysed using mainly descriptive statistics, employing Statistical Package for Social Sciences (SPSS), while the secondary data was analysed, contextualized and narrated. The current study confirmed the proposition that lack of and inadequate awareness and knowledge of the PBRs Bill among stakeholders could have stalled the passage of the Bill. Majority of farmers (61%) were not aware of the existence of the PBRs Bill and as high as between 70-79% lacked knowledge or understanding of the basic provisions of the PBR Bill, including the "farmers' privilege" provision. Six out of ten (63%) farmers in Ghana continue to rely on their saved seeds, exchange or purchase from local grain markets for planting with only 12% purchasing seeds from Agro-dealer shops. The adoption of PBRs system in Ghana has the potential to improve the seed and food security system provided the recommendations offered by various stakeholders are thoughtfully considered.

6 illus, 4 tables, 25 ref

018110   Saberwal G (NO, Institute of Bioinformatics and Applied Biotechnology, Biotech Park, Electronics City Phase 1, Bengaluru-560 100, Email: gayatri@ibab.ac.in) : India's intellectual property-based biomedical start-ups. Curr Sci 2016, 110(2), 167-71.

50 questions were posed each to the founders of 50 young Indian biomedical firms that were less than 5 years old. The questions were on the following themes: the backgrounds of the founders and their employees, the area of work of the company, its location and incubation experience, its funding and expenditure, its IP and licensing, its clients, and its risks and challenges. Several are doing pioneering work and the overall picture is impressive. The country should become a source of appropriate, high quality and affordable biomedical products and services in a few years.

4 tables, 9 ref