010984   Tiwari A (NO, The West Bengal Natn Univ of Juridical Sci, N U J S Bhawan, 12 L B Block. Sector-Ill, Salt Lake, Kolkata 700 098, Email: anuatiwari@gmail.com) : Passing off and the law on 'trade dress' protection: reflections on colgate v anchor. J Intellect Prop Right 2005, 10(6), 480-90.

Trade dress or 'get-up' of goods has long been recognized as protected from any form of unauthorised appropriation traditionally under the law of passing off and more recently under the tort of unfair trading. Relies on case analysis in order to ascertain the approach of the courts with regard to this species of protection. This has been essential because statutory law on trademark lacks express provisions, which could comprehensively bring within its sweep trade dress protection of articles of commerce. Assesses impact of a recent judgment of Delhi High Court in Colgate v Anchor, on the course law lakes in future on this subject. This ruling has considerably widened the net of protection available to the external appearance and configuration of goods-together constituting the 'trade dress' of goods. An attempt has been made to critically analyse the Colgate ruling and assess its merits on the touchstone of the principles extracted from the existing corpus of case laws on trade dress protection, in the process arguing against a liberal protectionist regime.

77 ref

010983   Tansinsin L G (Dep of Sci and Technol (DOST), Grad Sch of the Univ of Santo Tomas Manila and former Cabinet Assistan, Bicutan, Taguig, MM, Email: igtansinsin@mydestiny.net) : Transfer of technology with intellectual property rights (IPR)- the Philippine experience. J Intellect Prop Right 2005, 10(5), 394-8.

Deals with the Philippine experience in technology transfer or Technology Licensing Agreements (LTA) earlier practised and the present system of implementation. This also includes commercial application of transfer of technology, and the commercialisation of results of research with intellectual property rights.

6 ref

010982   Swenson D W (Business Initiatives, The Edison Mater Technol Cent (EMTEC), 3155 Research Blvd, Dayton, Ohio 45420, USA, Email: dswenson@emtec.org) : Role of collaborations, systems, and the soul in IP and innovation. J Intellect Prop Right 2005, 10(5), 361-8.

In today's global market system, innovation is the driver for economic development and wealth creation. The new competitive reality no longer has cost and quality as its core decision factors or drivers. Developing a competitive advantage now requires a business culture of rapid innovation, collaborative strategies, a systematic methodology, and a culture of concurrent change. This is the reality in today's innovation economy. Commercialization of disruptive innovations is based on integrating unique intellectual property, technical capability, and market needs. Collaborative partnerships between multiple companies incorporating technology, market/distribution, and financial investors are essential to optimize innovation and successful commercialization of technology. Higher value disruptive innovations meet new market needs while pushing a company to new technology and/or capability requirements. Competitive success for innovative technology increasingly depends on speed to market and speed to profits. Innovative companies must empower technology managers to adopt a business-building approach that connects technology creation to the target market. This in itself is an innovative business model and will require transition in management skills. For an entity to do this, the elements that form the soul of innovation are essential. The soul of innovation, is comprised of:(i) an emotion or passion - as a part of the company culture to innovate, (ii) the mind to innovate - for any innovation to have an opportunity to be commercializable and profitable requires sources of intellectual property and a defined system to capture the innovation, and (iii) the will to innovate, i.e. drive it to the market. Further discusses the role of collaboration in innovation and IP creation.

4 illus

010981   Saha R (Dep of Sci and Technol, Patent Facilitating Cent Technol Inf Forecasting and Assessm Coun, 'A' Wing, Vishwakarma Bhavan, Shaheed Jeet Singh Marg, New Delhi-110 016) : Capacity building in management of intellectual property rights- a case of publicly funded institutions. J Intellect Prop Right 2005, 10(5), 369-75.

Primarily focuses on the role of government in capacity building in India. Publicly funded institutions in India are driven by social obligations rather than economic considerations. Though this approach has created a pool of highly educated people at the same time being an insulated system, it breeds complacency leading to very little development in the IP scenario. However, post WTO, several useful changes have taken place and the Indian system has risen to the challenge of TRIPS compliance by enacting new legislations. With the far-reaching effects of IPR, capacity building is a primary activity and the role of the government in capacity building in management of IPR is fundamental and of utmost importance. No exercise at the national level can succeed if all or most players are not engaged in the activity. The Patent Facilitating Cell at Technology Forecasting and Assessment Council (TIFAC) set up by the Department of Science and Technology, India, addresses this very need of awareness creation among scientists and also provides full technical, legal and financial support for inventors from educational institutions and government departments.

1 table, 7 ref

010980   Represa-Sanchez D (Oficina de Transferencia de Tecnologia, CSIC, C/Serrano, 113, 28006-MADRID (SPAIN), Email: drepresa@orgc.csic.es) : Encouraging protection of public research results in Spain. J Intellect Prop Right 2005, 10(5), 382-8.

Describes results of the experience since 1986 to promote the industrial protection of research at Spanish universities, To achieve this goal, a range of science policy initiatives were undertaken: training in processing patents for technicians involved in universities interface structures, cooperation with the Spanish Patents Office and other related bodies, encouragement for research groups to ensure the industrial protection of their results and support for researchers and public bodies in the patent registration procedure.

2 illus, 14 ref

010979   Ramesh Kumar P;Prakash V (NO, Cent Fd Technological Res Inst, Mysore-70 020) : Value addition to agricultural resource - the IPR angle. J Intellect Prop Right 2005, 10(5), 434-40.

Food processing industry in India is delineated to pinpoint the importance of mitigation of food losses, extent of value addition, byproduct utilization and trade of processed food products. The opportunities in food processing in India have been identified and power of India in traditional foods has been specified with a view to capturing national and global markets. For successful exploitation of the opportunities in food processing industries, it is essential to act in terms of intellectual property protection and a huge awareness that need to be brought about amongst the academia, industry and research organizations. This will have an exponential growth in the human resource development, establishment of food processing parks/corridors, development of entrepreneurship, strengthening of internal chain, quality of the processed products, timely delivery of the products, sustainable technology and convergence of technologies as well as emergence of products/processes by interfacing and networking globally and perhaps niche itself for Indians potential in the world market.

11 ref

010978   Pushpangadan P;Narayanan Nair K (NO, Natn Bot Res Inst, Lucknow-2260 011, Email: pushpangadan@satyam.net.in) : Value addition and commercialization of biodiversity and associated traditional knowledge in the context of the intellectual property regime. J Intellect Prop Right 2005, 10(5), 441-53.

Genetic resources and associated traditional knowledge (TK) have great potentials, and their contributions to global economy and global intellectual property regimes are enormous. They are the key resources for sustainable bioprospecting and value addition processes. The existing intellectual property (IP) laws do not entail IP rights to TK holders either at national or international level. The absence of coherent and legally binding instruments to accord protection to intellectual as well as customary rights of the TK holders is a major impediment to value addition and technology transfers involving the use of genetic resources and associated TK. Provides an overview of the issues involved in value addition to bio-resources and protection of IPR of TK holders, takes stock of the international and national legal and policy initiatives, and suggests a few measures to promote value addition, technology transfers, and IPR protection for TK holders.

15 ref

010977   Peters R (NO, Philips Intellectual Property & Stand, P O Box 220, 5600 AE Eindhoven, The Netherlands, Email: ruud.peters@philips.com) : Technology licensing: a win-win solution in the intellectual economy. J Intellect Prop Right 2005, 10(5), 421-5.

In a patent licensing transaction, the licensee receives the legal right to use the technology as described in the patent, generally in exchange for a financial consideration. Most of the know-how related to the patented technology, however, stays with the licensor. But in technology licensing, the transaction between licensor and licensee is of a much wider scope. In such "a transaction, the licensor commits to transferring much more than the bare legal right to use the patented technology. Discusses about the difference in the patent licensing and technology licensing. The market for intellectual property has grown so fast that it is time to speak of a real intellectual economy. Now technology licensing is the fastest and the most cost-efficient way to market-introduction of a new product. Thus technology licensing is the need of the hour as it creates win-win forms of cooperation.

010976   Laik K (NO, The West Bengal Natn Univ of Juridical Sci, 12, LB Block, Sector III, Salt Lake City, Kolkata-700 098, Email: kaushik_laik@yahoo.com) : Role of intellectual property in economic growth. J Intellect Prop Right 2005, 10(6), 465-73.

In spite of substantial economic growth of nations, there still persists conflicting views among developed and developing countries in retaining a strong intellectual properly regime in the domestic realms. For instance, the debate on competition laws and feasibility of having monopolistic tendencies as emphasized by the jurisprudence of IP laws, still appears to haunt the think-tank of developing nations like India. The fact that developing countries vary widely in the quality and capacity of their scientific and technical infrastructures, poses a major hurdle to the extent of applicability of IP, particularly, patent laws, to each of them. Having a uniform IP standard across the globe undoubtedly seems to be an easy solution, but the issue certainly involves numerous micro and macro considerations which need to be taken heed of. Investigates the impact of a strong IP regime in the economic development of a nation. As well Known and beyond any doubts, IP protection is an important determinant of economic growth. It helps entrepreneurs to recover costs of their innovative expenses. Undoubtedly, IP systems must be developed so as to bring in socio-economic well-being. However, the incentives for the same need to be analysed critically, as the duplicity of stands of various parties to the WTO and TRIPS are clearly evident. The fact that strong IPR actually provoke IPR infringements in many developing nations also seems to be an issue which needs to be analysed while comprehending the need for the former. The trade-off between unfair competition laws and IP also assumes importance of high magnitude and hence needs to be particularly emphasized.

60 ref

010975   Karki M M S (NO, , 23 D, Pocket A, S F S Flats, Mayur Vihar III, Delhi-110 096, Email: karkimadan@hotmail.com ) : Nontraditional areas of intellectual property protection: colour, sound, taste, smell shape, slogan and trade dress. J Intellect Prop Right 2005, 10(6), 499-506.

In the recent years, the industry is registering more and more trademarks in unconventional areas like colour, sound and smell. Specially, sounds and colours are commonly trademarked today. Smell, shape and slogan are also gaining grounds slowly and gradually. Besides unconventional trademarks, copyright protection in areas like smell has also been reported. Reviews the developments m nontraditional areas of intellectual property protection.

11 ref

010974   Hyndman K G;Gruskin S M;Iyer C S (NO, Sughrue Mion PLLC 2100 Pennsylvania Ave, NW, Washington DC-20037, USA, Email: ciyer@sughrue.com) : Technology transfer: what India can learn from the United States. J Intellect Prop Right 2005, 10(5), 339-405.

Indian universities and government-funded research organizations produce world-class research that is mostly published in scientific journals. While the society gains from the increased knowledge, the university or the government receives very little direct benefit. Developed countries like the United States have been encouraging similar institutions to secure their intellectual property rights in the new technology arising out of the research in addition to merely publishing in scientific journals. The United States has a long history of supporting technical research and has gradually evolved to this model. India should learn from the experience of the United States in this regard. Premier institutions of learning and research in the United Sates provide effective models that use patents and their licensing as tools for technology transfer. Discusses a brief history of tech transfer in the United States, followed by a discussion of the Bayh-Dole Act, which served as a catalyst for the successful tech transfer regime in effect today. Various aspects of IP ownership are discussed, followed by a relevant case study.

13 ref

010973   Gupta S (Co-operative Main Rd Baikanthapur Cooperative Soc (Near Surya Sen Scho, , Sonarpur-700 150, Email: igupta2002@rediffmail.com) : Digital alteration of photographs and intellectual property rights. J Intellect Prop Right 2005, 10(6), 491-8.

Advancement in technology has made it easier to digitally alter a photograph. This along with faster dissemination of text and images through the Internet has elevated morphing or digital alteration of images to the status of a cottage industry. Discusses how such alteration interferes variously with the intellectual property rights of the author, owner, or the subject of the photograph. Digital alteration of photograph has consequences in copyright law, passing off. celebrity's right to publicity as well as areas like criminal law, law of defamation, etc., where the injured party needs to have proper remedy. Also discusses law in USA and UK as well as the relevant laws in India.

47 ref

010972   Gupta R K (Intellectual Property Mgmt Div, , 14 Satsang Vihar Marg, Special Institutional Area, New Delhi-110 067, Email: guptark04@yahoo.com) : Valorization of intellectual property from publicly funded organization: a case study of the Council of Scientific & Industrial Research (CSIR), India. J Intellect Prop Right 2005, 10(5), 406-12.

Intellectual property, its creation, protection and valorization have assumed an unprecedented influence on the social, economic and technological progress of developing economies. TRIPS compliance by developing countries with effect from 1 January 2005 by putting product regime in place, in the area of drugs, pharmaceuticals, chemicals and microbiological inventions, provides a further challenge to them to implement IP laws at par with internationally acceptable standards. International protection of IP, particularly, patents, involves substantial cost. Also, IP protection cost, particularly, relating to patents, has risen sharply in the developing countries during the recent years. Therefore, major challenge before the publicly funded R&D organizations is how to generate substantial resources and sustain such resources for the protection of IP through its valorization nationally and internationally. In this context, examines how CSIR, India, has played a key role in being a dominant player in filing and securing patents in India and abroad and its systematic efforts for the valorization of its IP portfolio aiming at deriving social as well as private returns by forming partnerships. In order to reduce the high cost of R&D and IP protection, the developing countries should increasingly participate in the worldwide effort directed at cutting down on time to develop and bring radical innovations to the market by forming public-private partnerships and consortia so that innovative efforts from publicly funded R&D reach the market in the shortest possible time. To make this happen, there is a strong need to promote partnerships cutting across R&D organizations nationally and internationally; to follow internationally acceptable best practices in IP management and to compete for public-private partnerships internationally, also.

2 illus, 2 tables, 3 ref

010971   Gupta A (NO, ILS Law Coll, Pune-411 004, Email: atulguptalaw@yahoo.com) : Integrated circuits and intellectual property rights in India. J Intellect Prop Right 2005, 10(6), 474-9.

The Semiconductor Integrated Circuit Layout-Design Act, 2000, protects original, inherently distinctive layout-designs that have not been previously commercially exploited and registration is a necessary pre-requisite for protection. A layout-design is original if it is not merely a copy of all, or substantial part of another layout-design, and is the result of the creator's own intellectual effort. Registration of a layout-design shall be available to the registered proprietor irrespective of the fact whether the layout-design is incorporated in an article or not. The Act makes provision for a registry to be headed by a Registrar for the purpose of registration of layout-designs. Protection under the Act extends for ten years and commences from the date of application for registration in case of layout-designs which have not been commercially exploited. For layout-designs, which have been commercially exploited (for less than two years) before the date of application for registration, protection commences retrospectively from date of first commercial exploitation. The registered-proprietor has the exclusive right to reproduce by any means the registered layout-design or any substantial portion of it. But the Act permits 'reverse-engineering' of a layout-design for limited purposes. The registered-proprietor also has the exclusive right to import, sell or distribute for commercial purpose any semiconductor chip products in which the registered layout-design is embodied. The Act provides for criminal remedies for the infringement of a layout-design expressly, civil remedies too are available to enforce rights under the Act. A registered layout-design can be assigned or transmitted with or without the goodwill of the business concerned. Registration of assignment or transmission is necessary to establish title to the registered layout-design. The Act also provides for reciprocal arrangements between convention countries. Endeavours to examine the nature of the intellectual property involved in layout-designs, their use in semiconductor integrated circuits and the other relevant provisions of the Act.

18 ref

010970   Goddar H (Boehmert & Boehmert, Pettenkoferstrasse 20-22, D-80336 Munich, Germany, Email: goddar@boehmert.de) : Making industry-university interactions work - model agreements in Germany. J Intellect Prop Right 2005, 10(5), 389-93.

Recent changes in the German Law concerning employees' inventions have prompted a search for new working models that will pave way for enhanced university-industry interactions. Discusses the two most popular agreements, namely, the Berlin Contract and the Munich Contract, used to ensure effective arrangements between the researcher, university and industry.

5 ref

010969   Bhuvaneshwar G S;Ranjit D (Biomed Technol Wing, Sree Chitra Tirunal Inst for Med Sci and Technol, Sattlemond Palace, Poojappura, Thriuvananthapuram-695 012, Email: medtec@md4.vsnl.net.in) : Medical device development- a novel experience in patenting and technology transfer. J Intellect Prop Right 2005, 10(5), 417-20.

The Biomedical Technology Wing of Sree Chitra Tirunal Institute for Medical Sciences and Technology (SCTIMST) was set up to develop appropriate technologies to meet the health care needs of India with a variety of facilities for research and development in biomaterials and medical devices. The institute has developed and transferred 12 technologies for commercial production and six others are in advanced stages of transfer. Apart from the direct savings in foreign exchange, the lower price of these competitive indigenous products has in every instance, helped to keep down the price of the imported counterparts. Novel methods of technology transfer have been developed to ensure successful commercialization in the country, where a medical devices industry hardly existed. The strategies using novel approaches and their development and changes with time are described.

1 table, 1 ref

010968   Bhattacharya P (Foundation For Innovation & Technol Transfer (FITT), Indian Inst of Technol, Hauz Khas, New Delhi-110 016, Email: arjun30@yahoo.com) : Technology transfer from a technical university: a case study of IIT Delhi. J Intellect Prop Right 2005, 10(5), 413-16.

Touches upon the global perspective of technology transfer process from technical universities and academic institutions. The role of FITT (Foundation for Innovation and Technology Transfer), the technology transfer office of IIT, Delhi, is described. The different components of technology transfer process, some successful case studies from the institute are described. With globalisation of Indian economy, it is time that entrepreneurs and the industry at large in India should develop effective interactive relationship with the academia with a view to enhancing technological capability for competitive advantage.

3 ref

010967   Bawa R;Bawa S R;Maebius S B (NO, Bawa Biotechnol Consulting LLC, Ashburn, Virginia, USA, and Rensselaer Polytechnic Institute, Troy, New York, USA, Email: bawabio@aol.com) : The nanotechnglogy patent 'gold rush'. J Intellect Prop Right 2005, 10(5), 426-33.

During the past decade, a swarm of patent applications pertaining to nanotechnology has been arriving at all the major patent offices of the world, including the US Patent and Trademark Office (USPTO). As companies develop products and processes and begin to seek commercial applications for their inventions, securing valid and defensible patent protection will be vital to their long-term survival. In the decades to come, with nanotechnology further maturing and the promised breakthroughs accruing, patents will generate licensing revenue, provide leverage in deals and mergers, and reduce the likelihood of infringement. Because development of nanotech-related products is extremely research intensive, without the market exclusivity offered by a US patent, development of these products and their commercial viability in the marketplace will be significantly hampered. Effects of 'nanopatent gold rush' that is underway by 'patent prospectors' as startups are highlighted whereby corporations compete to lock up broad patents in these critical early days. In fact, the entire US patent system is under greater scrutiny and strain, with the USPTO continuing to struggle with evaluating nanotech-related patent applications. It is unclear whether the nanotech industry will thrive like the information technology (IT) industry or get bogged down like the radio patent deadlock.

3 illus, 3 tables, 41 ref

010966   Ashwini Kumar P K;Bhatt D P (NO, Natn Phys Lab, New Delhi-110 012) : Intellectual property : a necessity for common people. Bhartiya Vaigyanik Evam Audyogik Anusandhan Patrika 2005, 13(2), 213-15.

Eversince the WTO came into being in 1995, there has been an upsurge in intellectual property practices, worldwide. Many laws have been redrafted to prevent unlawful use of intellectual property earned by individuals, organizations and even by countries. The domain of intellectual property practices is not restricted to high teach areas of science but has engulfed the fields of business methods, art, literature, entertainment etc. To cite an example : there is a possibility to protect a business method in the US, by a patent. Though currently it is restricted to one country only, the scenario may change soon when other countries also amend their laws. Patent enforcement though has been holding the top slot in intellectual property practices, yet of late enforcement of copyrights, geographical indicator have also attracted attention of IP professionals wordwide. The former having a strong bearing on the entertainment industry both in audio and cinematography. The latter has relevance to a country as a whole by way of origin of goods and or services. This paper deals in depth in the role of intellectual property in shaping the life of common man. The paper also deals in establishing that IP has a key role to play in improving the life of common man both materially and culturally.

6 ref

009881   Ray P K (NO, Natn Inst of Cholera and Enteric Dis, Beliaghata, Kolkata-700 010, Email: pkray2000@yahoo.com) : Patenting scientific inventions. Sci Cult 2005, 71(1-2), 13-19.

Article emphasised that protection of inventions and discoveries, natural flora and fauna, through national and International patents, is the major responsibility of both the scientits and the Government.

1 illus, 2 tables

005416   Zekos G I (NO, , Amvrosia-Komotini 69100 Greece, Email: zekosg@yahoo.com) : Discrepancies in biotechnology/chemical patenting. J Intellect Prop Right 2005, 10(4), 287-99.

The patent system is meant to protect technology-actual machines, devices, and new chemical compositions-rather than pure concepts. Without patents, enterprises that do not make the research and development investment needed to invent new medicines could directly copy the drug and challenge the innovator's price, making it unfeasible for the innovator to generate funds to invest in discovering new medicines. Hence, the whole patenting process should not be prohibitive for companies but also should not accept loose principles allowing discrepancy to standards against consumers' protection in order to allow companies to have undue profits. Biotechnology and chemistry inventions should have the same high written description standard injecting some reasonableness into the written description requirement in these regards. The main aim of the analysis is to investigate the existence of discrepancies in the standards between chemical and biotechnology patenting. The discrepancies between chemical and biotechnology patenting must be diminished in order to avoid double standards and so establishing predictability adding to the inventive prospects of firms.

64 ref

005415   Narasani A K;Kankanala K C (Brain League Consultants, NSRCEL IIM, Bangalore) : Testing parameters for software patentability. J Intellect Prop Right 2005, 10(4), 300-7.

Patentability of computer programs is fraught with ambiguity because of multiple reasons. One such reason is the uncertainty and inadequacy of tests to determine patentability. Courts in the US have been struggling to evolve a test that would cover the complete continuum of innovation in computer programs, which manifests in terms of form or function or both. All tests adopted by the court either focus on only form or function, thus missing out the other. It is important for the legislatures and courts to understand the existing lacuna and adopt a test that would lay emphasis on form and function. The test should he modeled to allow inventions having high function or high form or both form and function in high proportion. It should keep inventions having low form and function outside the scope of patent protection. Such a model would promote progress in the entire continuum of the invention in the software field by granting patents to worthy inventions. Proposes parameters for coining a reliable test for determining patentability. A test based on parameters such as form and function would encourage innovation in the software industry without stifling progress through grant of frivolous patents. The first part of the paper expounds the law relating to software in USA and India. The second part analyses the existing patentability tests in terms of importance given to form and function of computer programs and third part discusses the usage of form and function as parameters for coining a good patentability test.

1 illus, 29 ref

005414   Mittal R;Gian Singh (IP R & D, Natn Inst of Sci Commun and Inf Resources, 14, Satsang Vihar Marg, New Delhi-110 067, Email: rekha@niscair.res.in) : Patenting activities in agriculture from India. J Intellect Prop Right 2005, 10(4), 315-20.

An attempt has been made to study the trends of partenting activity in the field of agriculture with reference to India using data from various databases, such as, USPTO, EPO, PCT and Gazette of India Part III Section 2. The study cover the data from the period 1 January 1995 to 31 December 2004 (WTO era), where in 415 patents exclusively related to agriculture have been taken for analysis. The study indicates the focus of research of different organizers/industries in specilfic area of agriculture and highlights the important technological directions and gaps for further pursuing R&D m agriculture.

1 table, 8 ref

005413   Mendonca S (Dep of Economics and Dinamia, ISCTE Univ (University Inst of Business and Social Sciences), Portugal) : Large innovating firms and patent management: challenges of SMEs' manager and IP officials in catching-up economies. J Intellect Prop Right 2005, 10(4), 281-6.

Intellectual property management has become a centrepiece of global corporate strategy. A key characteristic of large innovating firms today is the diversified nature of their technology portfolio. Patents in new generic technologies such as information & communication technologies, drugs & biotechnology and new materials have soared since the early 1980s. This is also true for unrelated industries, a phenomenon known as technological diversification. Focuses on the evolution of empirical patterns in patenting by the largest industrial companies from Europe, Japan and the US. Implications of this multi-technology trend for IP offices and small and medium-sized firms from catching-up countries are explored.

2 illus, 17 ref

005412   Dwivedi A;Saroha M (Natn Law Inst Univ, , PO Box No. 369, Central TT Nagar, HO Bhopal-462 003) : Copyright laws as a means of extending protection to expressions of folklore. J Intellect Prop Right 2005, 10(4), 308-14.

One of the great ironies for indigenous people and local communities is that while scientific and commercial interest in their ecological knowledge and resource management practices have never been greater, human cultural diversity is eroding at an accelerating rate as the world steadily becomes more biologically and culturally uniform. With the advent of globalization, cultural heritages of different countries have become more vulnerable to those of the rest of the world. Folklore is one such heritage for the indigenous people of one country. Intellectual properly rights are meant to protect diverse heritages. Attempts to analyse the existing copyright laws with a view to determining their potential to extend protection to these vulnerable rights.

22 ref

005411   Chandran S;Roy A;Jain L (Formulation Dev & Pharmacokinetics Laboratory Pharmacy Grp, Birla Inst of Technol and Sci, Pilani-333 031, Email: sajeev@bits-pilani.ac.in) : Implications of new patent regime on Indian Pharmaceutical industry: Challenges and opportunities. J Intellect Prop Right 2005, 10(4), 269-80.

The growth of Indian pharmaceutical industry has been characterized by extensive governmental control and absence of strong patent protection. Gives an overview of pharmaceutical industry in India and the likely impact of product patent regime on it. The analysis is based on secondary data published elsewhere. It also reviews the existing patent and drug control laws in India and how they have affected the growth and structure of pharmaceutical industry in the country. Also discussed are strategies to meet the new challenges and the opportunities that Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement presents to pharmaceutical industry in India.

3 illus, 4 tables, 24 ref

023989   Ninan S;Sharma A;Ananthan P S (NO, Central Institute of Fisheries Education (Indian Council of Agricultur, Seven Bungalows, Versova, Mumbai-400 061, Email: arpita_sharma@yahoo.com) : Exploratory analysis of patents in fishing technology. Fish Technol 2007, 44(1), 121-4.

With growing importance of patents, its relevance and scope in fisheries sector, though not prominently felt so far, is an issue which needs to be addressed with urgency. Accordingly, a study was designed to document patents in fishing technology. First, data was examined with respect to trends in growth of patenting activity in India. Since year wise number of patents during period from 1913-2000 was very small, they were classified under four periods i.e., patenting activities before and after independence (1913-1947, 1947-1970), before and after Indian Patent Act 1970 (1971-1995) and before and after WTO era (1996-2000) so as to facilitate comparison. Patents maintained by Indian patent office and indexed under section 82 XIV (4): Fish and Fishing as per Indian classification key were grouped under the discipline 'fishing technology'. Total of 15 patents were granted during 1947-1970, 10 patents during 1971-2000 and 1 in post TRIPS period (1996-2000) suggesting a decline. From 1995-2002, 13 patent applications exist. Patents were under category fishhooks, fishing rods, fishing reels, baits, power block, short gun, tapes etc. used for fishing gear. Foreign applicants account for 78.38% of patents while 21.62% of patents are by Indians. Among domestic applicants, individuals account for 13.51% patents. Majority of applicants are foreign individuals accounting for 54.05% of patents granted.

5 tables, 8 ref

020036   Whittaker P (Centre for economic and Social Aspects of Genomics, Inst for Advanced Stuties, County South, Lancaster Univ, Lancaster, LA1 4YD, United Kingdom, Email: p.whittasker@lancaster.ac.uk) : Human embryonic stem cell patents: a European perspective. J Intellect Prop Right 2007, 12(1), 30-7.

Although patents involving human embryonic stem cells have been granted in USA and some other countries, the situation in Europe has been complicated by ethical exclusion clauses in the European Patent Convention and the European Biotechnology Directive. These have resulted in protracted delays in the processing of embryonic stem cell. patents by the European Patent Office. It is concluded that ethical exclusion from grant of patents may not be appropriate. It is also suggested that the desirability of granting broad patents that lay claim to a large body of future research should be discussed. Discusses aspects of the patenting of stem cell processes and products with particular emphasis on human embryonic stem cells.

1 illus, 11 ref

020035   Unni V K (NO, NALSAR Univ of Law, Hyderabad, Justice City, Shameerpet, R R Dist-500 078, Email: unni@nalsarlawuniv.org) : What is in a name? : viewing patent infringement through the prism of Anglo-American doctrines. J Intellect Prop Right 2007, 12(1), 165-75.

It is always difficult for any court to decide upon issues of patent infringement and this may become more difficult in the cases involving non-literal infringement. Furthermore, emerging technologies like biotech and nanotech can complicate this matter. However, courts in different jurisdictions have formulated various tests to determine non-literal infringements. Although, these tests are not completely fool-proof, they have succeeded to a great extent in preventing colourable imitations of an invention. In USA, the courts have been applying the doctrine of equivalents/equivalence and in UK, in courts invoke the pith and marrow rule to determine infringement. Both doctrines have 'their own merits and de-merits and both have done a commendable job in safeguarding the rights of the patent holder. Sooner than later the Indian courts also will have to deal with these complex issues dealing with non-literal infringement of patents. This article explores all these issues in the context of emerging technologies like biotech, with the help of landmark US and UK case laws.

88 ref

020034   Shand H;Wetter K J (NO, , ETC Group, 108 E Main St, Suite 7, Carrboro, NC 27510 USA, Email: hope@etcgroup.org) : Trends in intellectual property and nanotechnology: implications for the global south. J Intellect Prop Right 2007, 12(1), 111-7.

Race is on to win exclusive monopoly patents on nano-scale materials, devices and processes. The US National Science Foundation predicts that the immensely broad power and scope of nano-scale technologies will revolutionize manufacturing across all industry sectors - capturing a $1 trillion market within six or seven years. Although industry analysts assert that nanotech is in its infancy, patent thickets on fundamental nano-scale materials, tools and processes are already creating thorny barriers for would-be innovators. Industry analysts warn that, 'IP roadblocks could severely retard the development of nanotechnology. I After a decade of confusion and controversy over biotech patents, South governments are now facing a newer. bigger technology wave. By I July 2013 even 'least developed' countries will be obligated by the World Trade Organization's Trade-Related Aspects of Intellectual Property (TRIPS) to accommodate nanotechnology related inventions. Despite rosy predictions that nanotech will provide a technical fix for health, sustainable energy and environmental security in the South, researchers in the developing world are likely to find that participation in the proprietary 'nanotech revolution' is highly restricted by patent tollbooths, obliging them to pay royalities and licensing fees to gain access.

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020033   Lukose L (NO, Indian Law Institute, Bhagwandas Road, New Delhi-110 001, Email: lisrobin@gmail.com) : Rationale and prospects of the protection of geographical indication: an inquiry. J Intellect Prop Right 2007, 12(2), 212-23.

Unportance of Geographical Indication (GI) has increasingly grown over the past decades. GI represents collective goodwill a geographical region, which has built up painstakingly over centuries. However, uneven level of protection under the divergent legal systems of various countries and the double standard protection adopted by the Trade-Related Aspects of Intellectual Property Rights (TRIPS) are posing uncertainties in the international legal regime for the protection of GIs. This article covers the rationale and history of legal recognition of GI and also traces legal justification to recognize GI as an intellectual property. The article also critically examines the existing legal regime on GI (both international and national) and scrutinizes the additional protection clause U/ Article 23 of TRIPS.

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020032   Lakshmikumaran M (NO, , Bluefile IP Service, B6/13, Safdarjung Enclave, New Delhi-110 029) : Patenting of genetic inventions. J Intellect Prop Right 2007, 12(1), 45-56.

Genetic inventions in the patent system are similar to chemical inventions. Genetic inventions that are patentable include genetic materials such as DNA, RNA, cDNA, EST's (Expressed Sequence Tags), SNPs (Single Nucleotide Polymorphs) and recombinant vectors. These inventions need to satisfy the criteria of patentability such as novelty, non-obviousness, utility, enablement and sufficiency of disclosure. The utility standards for genetic inventions are higher than for other inventions. The USPTO has issued guidelines for the utility requirement with respect to genetic sequences. These have been further clarified by recent court decisions in the US. One of the issues relating to patenting of genetic inventions revolves around the question whether a DNA sequence is a discovery or an invention. In Europe. the recently issued directive on biotechnology clearly distinguishes between a discovery and an invention. The Directive makes it clear that genes or other biological elements which are isolated from their natural environment and having a technical effect are patentable. Discusses most of the issues relating to patenting of genetic inventions.

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020031   Laik K;Raj R (NO, WB National Univ of Juridical Sci, NUJS Vhavan, 12 LB Block, Sector-III, Salt Lake City, Kolkata-700 098, Email: venusrohit@yahoo.co.in) : Changing dynamics of the patent regime: an economic understanding. J Intellect Prop Right 2007, 12(2), 244-50.

Protect in haste, invent at leisure' is a sarcastic statement to subtly depict the dismal state of the present regime of patent laws. A regime that was intended to balance the societal interests with that of private individual interests has undergone a sea change over the years, with the general tendency being to cater the least for the latter. Individual firms and applicants, in general, have used the lacunas in the law to their advantage and developed a mechanism whereby the patent granted to inventions (some, being undeserving of patent protection) are so wide in ambit, that the same leaves no scope for technological innovations and competition in the particular area where the former invention belonged. Broad parents should be avoided at all times and that patents should always be narrow in nature. Both broad and narrow patents have their significance, the authorities need to realize this and judicially limit the breadth of patents in specific case instances. The economic rationales behind the law of patent infringement warrants due consideration and analysis. Raper is thus an endevour to comprehend the issue primarily from the aspect of economic theories, which founded the patent regime and the laws as regards infringement claims.

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020030   Kowalski S (Franklin Pierce Law Center, , Concord, New Hampshire, USA, Email: skowalski@piercelaw.edu) : Rational risk/benefit analysis of genetically modified crops. J Intellect Prop Right 2007, 12(1), 92-103.

Safety concerns over the use of molecular biotechnology in the improvement of crops has generated substantial, heated and confusing debates, often driven by ideology and hysterics. Modification of crops is not new, and biotechnology (in its broadest sense) has been used for over a century to accelerate the development of new crops for food, feed and fibre, so as to meet the demands of a growing global community. The introduction of crops developed via molecular biotechnology [Genetically Modified Crops (GMCs)] represents the latest step in this inexorable innovative progression of technology. However, misinformed concern has led to a broad embrace of the Precautionary Principle as a regulatory paradigm for GMCs, such that research, development and deployment are delayed, hindered or outright halted. Although of possible use in limited applications, the Precautionary Principle is likely impracticable, as it posits an untenable philosophical paradox of proving the negative proposition that GMCs will never be unsafe. If such a position is accepted, then any technological process can be permanently stymied. To date, empirical observations indicate that there have been no documented problems associated with GMCs. On the contrary, all of the documented fiascos have been due to conventional 'biotechnology', e.g., mad cow disease, virus 'contaminated vaccines and the development of toxic crops via conventional plant breeding. Therefore, regulation of GMCs, whether in the United States or in Europe, should move away from a process/method focus and to a product risk/benefit analysis, that is, a case-by-case evaluation of any new organism, regardless of as to how it was developed, or (as in the case of introduced exotic plants) if it even was the product of biotechnology. A rationally based, risk assessment, risk management paradigm appears to be a far better regulatory approach, especially in the light of empirical determination of actual risks and benefits.

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020029   Kardam K S (NO, , The Patent Office, Delhi Branch, Intellectual Property Building, Plot No. 32, Sect-14, Dwarka, New Delhi-110 075, Email: kardam.ks@nic.in) : Patenting in the emerging fields of technology. J Intellect Prop Right 2007, 12(1), 15-29.

Analyses various provisions of the Patents Act, 1970 as amended upto 2005 and the procedure provided for the protection of inventions in the emerging fields of technologies such as biotechnology, bioinformatics, agricultural biotechnology, computer related inventions, communication, nanotechnology, etc. The patent rights being territorial in nature are enforceable within the country, which grants the patent. India follows more or less global standards for patenting any invention. The non-patentable conditions generally differ from country to country and therefore, differentiate certain subject matter for patenting. Now by virtue of amendments in the Patents Act, 1970 in 2002 and 2005, product patents can be granted for pharmaceuticals, agrochemicals, food and chemicals. It is also now possible to grant patent in the field of biotechnology, particularly, for living substances, such as, vaccines, monoclonal antibodies, new diagnostics using microorganisms, polymerase chain reaction (PCR) technology, gene sequencing, etc. However, living material including microorganisms occurring in nature are excluded from patenting under the law. In case of computer related inventions involving software, it is possible to grant patent for embedded software provided there is a technical application.

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020028   Kankanala K C (NO, , Brain League IP Services, No. 18, 2nd Floor, 5A Cross, 24th Main, J P Nagar 2nd Phase, Bangalore, Email: kalyan@brainleague.com) : `Diagnostic method' patent model-patent incentives and socio-ethical concerns. J Intellect Prop Right 2007, 12(1), 104-10.

Medical methods have been excluded from the scope of patentability by most countries in consideration of ethics inherent in the practice of medicine. While the prohibition against patentability of surgical and therapeutic methods in which a doctor would directly be involved at all steps is viewed stringently by patent offices and courts, the exclusion relating to diagnostic methods is given a flexible treatment due to evolution of technology based diagnostics, involvement of technicians and decrease in intervention of doctors. This paper expounds the law relating to patentability of diagnostic methods, compares the differences in patent laws of various countries with the help of examples and concludes with suggestions for a diagnostic method patent model for India.

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020027   Kahandawaarachchi T (NO, National Law School of India Univ, 7201, Nagarbhavi, Bangalore-560 072, Email: thilini.kahandawaarachchi@gmail.com) : Indian and US trademark law relating to the effect of `Non-use' of a trademark. J Intellect Prop Right 2007, 12(2), 236-43.

Surveys the operation of user requirements and the effect of non-use of trademarks in USA and India and examines what constitutes 'use' of a trademark and then also examines non-use and its effects. Even though proof of use is not required in many countries for either registration or renewal it is critical for maintaining trademark rights. Generally, the right to exclusive use of a mark grows out of its use in connection with an established business or trade. The user who first appropriates the mark obtains an enforceable right to exclude others from using it, as long as the initial appropriation and use are accompanied by an intention to continue exploiting the mark commercially. Accordingly, failure to use the mark can result in a loss of that right and trademarks may be attacked on the ground of abandonment or non-use. Almost all countries in the world permit a third party to petition the Trademark Office to cancel a registration for non-use. Briefly examines the position laid own in the Paris Convention and TRIPS Agreement with regard to the issue of non-use. However, it has to be noted that whereas the legal position regarding the issue is pretty much settled in USA, India is still at the nascent stages of development of relevant law.

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020026   Jain S;Tripathy S (NO, Symbiosis Society's Law Coll, Senapati Bapar Marg, Pune-411 004, Email: jainshashank84@gmail.com) : Intellectual property and competition laws: jural correlatives. J Intellect Prop Right 2007, 12(2), 224-35.

Balance between the dynamic and static goals of IP law and competition law can be met with by means of a deeper analysis the way their 'courtship' operates. Many believe that these two regimes are antagonistic to each other for various reasons, however the authors flouter this proposition. In India, the competition regime is in the state of infancy, the Competition Act, 2002, in particular, has addressed to this issue as a primary concern. However, lack of judicial precedents, owing to a nascent IP regime, has disabled the development of jurisprudence in this regard. Indian law, especially after signing of the TRIPS Agreement, has come in consonance with the laws in EU and US. The authors juxtapose analysis of the courts in the above-mentioned foreign jurisdictions in the Indian context. The primary finding of this paper is that though IP and Competition Law are not antagonistic, there may be situations where IP may be used to extend monopoly beyond the scope of the IP protection. Patent thickets and mergers are examples of situations where monopoly granted by IP may be misused. Herein issues stemming out of anti-competitive agreements and mergers have been highlighted. It has been suggested that 'Essential Facilities Doctrine' may be used to solve issues arising out of the inter play between these two facets of law. Therefore, IP must reasonably be subject to competition laws to the extent of preventing misuse of the temporary monopoly.

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020025   Hennessey W O (Franklin Pierce Law Center, , Two White Street, Concord, NH 03301, USA, Email: bhennessey@piercelaw.edu) : What's new? innovating the teaching of innovation law. J Intellect Prop Right 2007, 12(1), 118-28.

Human resource component is a critical bridge between IPR protection, innovation promotion, and economic development. This paper reviews efforts to create a replicable model for teaching IP and innovation law based upon two decades of building and teaching such a curriculum in the United States to law students, scientists and engineers, business managers, and government officials. One broad point of emphasis is the importance of the cross-disciplinary classroom (equally addressing the needs and interests of those groups of students) for the development of a cadre of 'IP professionals'. But development of an IP profession, standing alone, is inadequate. Hence, the second point of emphasis is the need to impart highly specialized transactional, managerial, and negotiation skills, to turn 'IP professionals' into true 'innovation professionals' who can serve as a platform for a truly indigenous and self-perpetuating 'infrastructure of innovation'.

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020024   Harmon S H E (INNOGEN, RSRC Centre for sociala and Economic research on Innovation i, , , Email: Shawn.harmon@ed.ac.uk) : Biotech innovation and patenting in the developing world: China - a giant among nation. J Intellect Prop Right 2007, 12(1), 72-85.

Mantra of pro-patenting stakeholders is that intellectual property rights, and in particular, patent rights, promote innovation. But can this claim be supported? And is it always true? Analyses the claim within the context of the developing world and healthcare settings. Having articulated the special case that medical patents represent in the developing world, it goes on to consider the patent regime in China, outlining the content of the modern Chinese patent law with a view to assessing how it reflects China's economic and healthcare situation, and identifying what other developing countries might take from it.

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020023   Gibson J (Queen Mary Intellectual Prop Res Inst, Centre for Commercial Law Studi, , UK, Email: J-Gibson@qmul.ac.uk) : Discovery of Invention: gene patents and the question of patentability. J Intellect Prop Right 2007, 12(1), 38-44.

Application of patent protection for gene sequences and associated technological developments have met with much controversy and indeed misunderstanding. But in so far as intellectual property protection is afforded to products in order to develop and sustain certain markets, any misunderstanding cannot be dismissed. The very nature of the intellectual property bargain with the public is such that the relationship with the consumer underpins the legitimacy of the law. So-called gene patents are arguably no different. Considering developments in Europe and other jurisdictions, considers the problematic scope of so-called gene patents and identifies factors, both within the legal framework and in terms of the socioªeconomic policies underpinning intellectual property, that support a restricted purpose-bound approach to patent protection of gene sequences. Arguably, such an approach demonstrates the critical nexus between the inventiveness of such technology and its use.

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020022   Ghosh R A (United Nations University/Maastricht Economic Res Inst on Innovation a, , Keizer Karelplein 19, 6211 TC Maastricht, The Netherlands, Email: rishab@dxm.org) : IPR, law and FLOSS: building a protected common. J Intellect Prop Right 2007, 12(1), 176-82.

Provides an overview of copyright and patents as they apply to software, and how open source depends on and uses some aspects of the IPR system for its existence, but may be threatened by others. It examines the incentives to release software as open source under different legal instruments, and compares impact of legal frameworks for open source on innovation to traditional frameworks such as patenting.

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020021   Field T (Franklin Pierce Law Center, , Two White Sstreet, Concord, NH 03301, USA, Email: tfield@piercelaw.edu) : Patent systems: more easily faulted than fixed. J Intellect Prop Right 2007, 12(1), 129-41.

US patent system has been the subject of three recent, generally critical studies. One, particularly uncomplimentary, primarily-faults a changed source of funds for patent examination and creation of a court that, aside from the Supreme Court, has exclusive jurisdiction to consider patent appeals, both administrative and judicial. Explains why neither criticism is well taken. It also analyses reactions of the US Congress and Supreme Court to allegedly new problems caused by so-called patent thickets and patent trolls.

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020020   Cannady C;Vega M I (IP and New Technologies Div, World Intellectual Property Organization, , 34 Chemin des Colombettes, 1211 Geneva, Switzerland, Email: Cynthia.Cannady@wipo.int ) : R & D networks and intellectual property hubs: a strategy for developing countries to participate in Knowledge led growth. J Intellect Prop Right 2007, 12(1), 142-53.

Identifies challenges experienced by developing countries as they seek to use their universities and research institutions to participate in knowledge led economic growth, which two drivers are defined as R&D investment and IP infrastructure. Those challenges include low investment in R&D and lack of IP innovation infrastructure necessary to convert research results into IP assets, including policies on ownership of research results, technology licensing offices and professional IP services. It describes networks in theory and practice and the role played by IP, and proposes R&D networks and IP hubs as a strategy to support appropriation and distribution of research results as technologies.

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020019   Boettinger S;Bennett A (Plant Sci Dep, The Public Agricultural Resource for Agric (PIPRA), Univ of California, Plant Reproductive Biology Building-Mail Stop 5, Davis, CA 95616 USA, Email: sboettig@plantsciences.ucdavis.edu) : PIPRA: a resource for collaborative intellectual property management in agriculture. J Intellect Prop Right 2007, 12(1), 86-91.

Recent decades have seen an increase in intellectual property protection worldwide. Accompanying this trend, there have been growing concerns about how best to encourage the development and distribution of technologies that benefit developing countries within this new and rapidly changing landscape of intellectual property rights (IPRs). PIPRA (The Public Intellectual Property Resource for Agriculture) addresses these issues in the area of agriculture by mobilizing collaborative support of a wide range of public sector institutions worldwide. In addition to this broad base of institutional support, PIPRA's molecular biology labs and its network of pro bono IP attorneys together allow a coordination of scientific and legal resources that is crucial for the provision of practical IP services to support advances in developing country agriculture.

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020018   Anandita Singh;Das S;Wilson N (TERI School of Advanced Studies, , Darbari Seth Block, Habitat Center, Lodhi Road, New delhi-110 003, Email: asingh@teri.res.in) : Genomics and IP: an overview. J Intellect Prop Right 2007, 12(1), 57-71.

Field of genomics and systems biology promises to provide unconventional solutions to problems relating to healthcare and agriculture. The various biotechnologies centred on genomics are undeniably a dominant force in the world of economics and the stakes are enormous. The field of genomics and system biology is immensely cross-sectoral and flourishes the most when the knowledge from various domains are integrated. However, this very essence of genomics adds layers of complexities while segregating the contributions from various domains related to IPRs. The foremost technologies guiding the advancements in the field of genomics include genome-wide sequencing, high throughput expression profiling, bioinformatics and the resultant databases. Need to protect and capitalize innovation is sacrosanct to best business practices. At the same time, providing access to the benefits accruing from such innovations to public is of importance to the society at large. IPR regime attempts to meet these seemingly conflicting objectives of providing incentive to the innovators and yet acting as a disclosure mechanism for promoting a continuum in research and development. This dual reward-and-disclosure clause is beneficial to both the inventor and the end user. This article attempts to map the high throughput genomic technologies along with their attendant databases and analysis tools. Through this outline, the article makes an attempt to inform the extent of IP protection and issues emanating from the application of such technologies.

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006084   Shukla U (NO, Symbiosis Society's Law Coll, Senapati Bapat Road, Email: shukla_uphar@rediffmail.com) : Comparative advertising and product disparagement vis-a-vis trademark law. J Intellect Prop Right 2006, 11(6), 409-14.

Comparative advertising by means of using another's trademark is permissible, however while doing so the advertiser cannot disparage the goods or services of another. Any such act disparaging the goods or services of another shall not only be an act of constituting infringement of the trademark, but shall also be an act constituting product disparagement. Analyses the trite law on comparative advertising and product disparagement, in relation to trademark law; in the light of Sections 29(8) and 30(1), of The Trademarks Act, 1999. Section 29(8) enunciates situations, where use of another's mark in advertising can amount to infringement, if such use does not comply with the conditions laid down under the section. At the same time, Section 30(1) make such use, an exception, if it is in accordance with the conditions provided under this section. The conditions given under these two legal provisions are identical. The intent of the legislature in enacting the aforementioned provisions is quite apparent: To impose the leniencies of permitted comparative advertising over the stringencies of trademark protection.

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006083   Pareek A;Majumdar A (NO, The West Bengal Natn Univ of Juridical Sci, NUJS Bhawan, 12 L B Block, Sector-III, Salt Lake, Kolkata-700 098, Email: pareek_anurag@rediffmail.com) : Protection of celebrity rights - the problems and solutions. J Intellect Prop Right 2006, 11(6), 415-23.

Celebrity rights are unique rights, which are distinct from others. It is a form of property, which can be exclusively enjoyed by the celebrity himself. Being a property, it is also susceptible to unauthorized trespasses. This `trespass' takes place mainly in ways- when the privacy of the celebrity is sought to be compromised for the sake of money, and secondly, when the celebrity's right to publicity is defeated by its unauthorized use. Both the situations requrie law and the judiciary to intervene and ensure justice. In the absence of any specific regulartory mechanism to address these issues, it often becomes difficult to protect various celebrity rights like personality/moral rights, privacy rights and the publicity/merchandising right. In India, there is no specific legal remedy for infringement of celebrity rights. Identified merits and demerits of various approaches, which protect the publicity rights of a celebrity and recommended appropriate legal regime suited to India.

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006082   Lawrence H (NO, Symbiosis Law Coll, Pune-411 004) : Bottlegging - its impact on sound recording industry and legal responses. J Intellect Prop Right 2006, 11(6), 424-9.

As is known to all sound recording is considered a subject matter for copyright protection. But it is also a known fact that fixation in a tangible form is a prerequisite to be eligible for protection under the copyright law. Looks at the legal standpoint on unauthorized recordings of unfixed performances in the conflicting scenario existing due to the aforementioned stipulations.

42 ref

006081   Chaudhuri S K;Dutta C (Lib and Inf Sci Dep, Jadavpur Univ, Kolkata-700 032) : Impacts of a patent on Euryale ferox on biodiversity at micro level. J Intellect Prop Right 2006, 11(6), 430-5.

A patent on a process for making storage - stable edible food materials from kernels of gorgon nuts or fox nut (Euryale ferox) has tremendous impact on biodiversity resulting in triggered mass culture and commercialization of this aquatic macrophyte. Besides ecological impact, it has social and economic impacts too. Studies the impact of the patent on biodiversity at micro level. The study reveals that mass culture of these plants in water bodies instead of fishes has created an interlinked ecological, social and economic imbalance. Sustainable culture of both fish and the concerned macrophyte is the need of the hour so that biodiversity is not damaged further and equilibrium of ecology, society and economy is sustained. Concludes with the suggestion of people's awareness and further research for better understanding.

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