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

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

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