005092   Puttitanunt T (Dep of Economics, San Diego St Univ, 5500 Campanile Drive, San Diego, CA, 92182, Email: tputtita@mail.sdsu.edu) : Intellectual property rights and multinational firms' Modes of entry. J Intellect Prop Right 2006, 11(4), 269-73.

Relationship between intellectual property rights (IPR) and the entry mode decision by multinational firms. A simple model is developed allowing firms to choose among export, foreign direct investment (FDI), and licensing. Firms in the recipient country may imitate the technology, and their abilities to do so depend both on the nature of each mode and on the level of IPR protection in that country. Unlike the traditional beliefs, however, strong IPR can affect FDI more than licensing.

2 illus, 1 tables, 23 ref

005091   Moerman L;Laan S V D (Schoool of Accounting and Finance, Univ of Wollongong, NSW 2522, Australia, Email: leem@uow.edu.au) : Accounting for intellectual property: Inconsistencies and challenges. J Intellect Prop Right 2006, 11(4), 243-8.

Recognition of rights attached to some forms of intellectual property is a contested domain in legal frameworks, such as the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. The same can be said of economic-frameworks, such as accounting, which attempt to recognize and value intellectual property for the purposes of providing information for decision making. The paper explores the discourse of accounting in recognition of intellectual property as an asset according to the new International Accounting Standards. The legal and accounting discourses in which intellectual property rights are acknowledged are compared, concluding that these discourses are not necessarily aligned. The effects and implications of the development of a global regime for accounting for intangibles may eventually harmonize the accounting treatment for intellectual property but yet not resolve the contentious issue of the inconsistencies in the recognition of intellectual property rights under different frame works and implications for economic decision making.

1 illus, 2 tables, 15 ref

005090   Mangani A (Dep of Economics, Univ of Pisa, Via Serafini 3, 56126, Email: mangani@sp.unipi.it) : Economic analysis of rise of service marks. J Intellect Prop Right 2006, 11(4), 249-59.

Structural and competitive evolution of modern economies has increased the importance of service trademarks. Among other factors, decline of human intermediation in many services plays a relevant role. Although trademarks of goods are still dominant, share of service classes in total trademark applications is increasing in both absolute and relative terms, at a national and international level.

5 illus, 29 ref

005089   Hu R;Huang J;Pray C;Huang J (Cent for Chin Agric Policy, Inst of Geogrl Sci and Nat Resourc Res Chin Acad of Sci, Jia 11, Datun Road, Beijing 100 101, China) : Determinants of plant variety protection applications in China. J Intellect Prop Right 2006, 11(4), 260-8.

Unique data set of the applications of plant variety protection (PVP), morphological characteristics of plants, and institutional sources of all important varieties of rice in three provinces of China have been used to estimate the determinants of PVP applications in China (China passed its Plant Variety Protection Act (PVPA) in 1997). Evidence suggests that both government and private research programmes are responding to economic and policy incentives and investing in plant variety protection as expected by economists. Analysis of the evolution of seed industry suggested that the combination of the new seed law in 2000 and the new plant variety protection regulation has changed the structure of seed industry and provided an important incentive to invest in PVPs both by public research institutes and commercial firms. Finally, there is also some preliminary evidence that private firms have lesser incentives in developing new varieties in contrast to purchasing new varieties.

1 illus, 6 tables, 14 ref

005088   Banerjee S (NO, ILS Law Coll, Law College Road, Pune-411 004, Email: soumya1981@hotmail.com) : Transborder reputation. J Intellect Prop Right 2006, 11(4), 274-9.

Acquisition of reputation depends upon the usage of a particular good or service in connection with business. The protection of reputation is embodied in the action of passing off and is as such different from goodwill which is an asse thereby, protected by law itself. Transborder reputation has its genesis under the English law and in Indian law the concept is embodied in Section 35 of the Trade Mark Act, 1999 wherein the Indian courts have recognized action by foreign plainti on the basis of passing off solely upon the reputation of his goods/services on the foreign soil. Several parameters have bee set by the Courts for judging as case on the basis of transborder reputation yet, numerous loopholes in the application of th concept continue to remain. Explores the genesis of transborder reputation and its recognition by the courts of law in India and other countries.

32 ref

003067   Soam S K;Rashmi H B (National Academy of Agricultural Research Management, , Hyderabad-500 030, Email: soam@naarm.ernet.in) : Some reflections on patent search: A case study of medicinal plants of India. J Intellect Prop Right 2006, 11(3), 207-13.

Current changes in legal and administrative framework of patents and other forms of intellectual property at global and national level have brought changes in organizational and individual attitude towards protection and continuous monitoring of IPRs generated by them. These changes also brought out economy and efficiency in generation of technology or intellectual worth. The latest probing technique such as patent searching has been demonstrated as one of the most effective ways to attain these objectives. Constraints and opportunities in conducting patent search using free Internet websites EPO and USPTO with the illustrative analysis of medicinal plants of India has been described.

2 tables, 31 ref

003066   Sahay S (NO, National Law Institute University, Bhopal, M.P, Email: shantanu_sahay@yahoo.co.in) : Piracy of trade dress and the law of passing off: national and international perspective. J Intellect Prop Right 2006, 11(3), 201-6.

Meaning and connotation of trade dress and growing dimensions with respect to the scope of its definition which has expanded to include hotel design, virtual trade dress, etc has been presented. The possible mechanisms to deal with trade dress infringement and protection with respect to passing off are also discussed. The scope of trade dress infringement with respect to passing off has been highlighted by various courts in the US and in a particular case, the US Supreme Court brought passing off protection within the scope of the statute itself. These relevant instances within the US and English laws with respect to passing off cases are examined. Finally, the Indian context, which is largely based upon the UK laws, is reviewed with reference to a recent case law in this regard.

40 ref

003065   Roy A G (NO, The West Bengal National University of Juridical Sciences, NUIS Bhawan, 12 L B Block, Sector-III, Salt Lake, Kolkata-700 098, Email: tapash@cal12.vsnl.net.in) : Protection of intellectual property in the form of trade secrets. J Intellect Prop Right 2006, 11(3), 192-200.

Onset of globalization has lead to a surge in intellectual activity and thereby initiated a need for better methods on intellectual property (IP) protection. One of the forms of IP that will soon overpower other recognized forms of IP protection is 'trade secrets'. The greatest advantage of this form of IP is that the protection provided is perpetual, thus gone are the days of limited monopoly. This new wave of protection is based on an element of trust of confidants who would maintain secrecy. But this system comes to a standstill when there is a breach of trust or confidence by confidants entrusted with such secrets or in case of companies when trusted employees are no longer in the service of the organization owning the trade secrets. Possible remedies that a trade secret owner who is also the employer, can get on such breach of trust or confidence. After identifying the models used by courts of developed countries, the author attempts to formulate a possible model that can be followed by Indian courts in counteracting this legal hurdle.

40 ref

003064   Nair L R (NO, , K & S Partners. 84-C. C-6 Street Farms, New Delhi-110 062, Email: latha@knspartners.com) : The melton mowbray pork pie case: lessons for India?. J Intellect Prop Right 2006, 11(3), 185-91.

The recent decision of the High Court of UK in the Melton Mowbray case raises relevant issues regarding protection of geographical indications for a developing country like India, which has an abundance of products that could be registered as geographical indications. However, before one embarks to register these names, it is relevant to examine whether these products still qualify as geographical indications or have become generic terms by disuse and lack of protection. Also, there are certain prerequisites to be met before registering a geographical indication such as putting in place systems for quality control and arriving at a consensus among the producers to follow uniform methods of production so that the consumer gets end products of consistent quality. Absent such exercise, not only bona fide users of generic names are displaced but also consumers are deceived into buying products that do not really possess any unique characteristics. This article, besides analysing the Melton Mowbray case, examines the concept of protection of geographical indications and the lessons India may learn from the decision.

3 ref

003063   Ghosh A (NO, , The WB National University of Juridical Sciences, Email: abhimanyu.gh@gmail.com) : Business method patents: the road ahead. J Intellect Prop Right 2006, 11(3), 175-84.

Business method patents (BMPs) are patents granted for particular business models, that are unique to a particular organization. United States Patent and Trademark Office (USPTO) have been granting patents for 'business methods' from the early 1990s. From then onwards, there have been a large number of BMPs, which have been consistently awarded in the US. However, there exists a huge debate whether this kind of patent should be granted or not - whether business models at all constitute patentable matter. Evolution of BMPs has been discused and argues that in spite of the criticisms, this form of patents is necessary, particularly, considering toe current hi-technology scenario. BMPs not only from the US standpoint, but also the position taken by other countries and the repercussions of having a liberal attitude of US while granting patents to business methods, especially e-commerce transactions, which are usually mere replications of popular methods used in brick-and-mortar businesses.

39 ref

007539   Watkins J M;Taylor M Z (Sam Nunn School of International Affairs, Georgia Institute of Technology, 781 Marietta St NW, Atlanta, GA 30332-0610, Email: mzak@gatech.edu) : Intellectual property protection and US foreign direct investment in emerging economies. J Intellect Prop Right 2010, 15(6), 415-28.

Do intellectual property rights (IPR) affect foreign direct investment (FDI) into emerging economies? While conventional wisdom supports a strong IPR-FDI relationship, the empirical evidence is both mixed and suffers from several shortcomings. To help resolve this paradox, this article investigates the effects of IPR on US FDI in 22 emerging economies using data from 2006 to 2008. It tests two competing, independent measures of IPR protection, as well as disaggregated FDI data to investigate the effects of IPR protection on investments across nine industries economy-wide, and across eight sectors within the manufacturing industry. The empirical- results consistently fail to support the - hypothesis that IPR protection strongly affects advanced country FDI into emerging economies. Therefore, developing countries may have considerable leeway in IPR design and enforcement; IPR regimes can be tailored to fit a developing country's domestic socio-economic and cultural conditions without affecting it as a destination for foreign investment. IPRs are not an end-inthemselves, rather they are a means by which to increase investment in innovative activity; they should therefore be designed and enforced with this goal in mind.

7 tables, 20 ref

007538   Seth R (National Law University, , Jodhpur, NH-65, Mandore, Jodhpur, Rajasthan-342 304, Email: rukmani.seth26@gmail.com) : Ambush marketing - need for legislation in India. J Intellect Prop Right 2010, 15(6), 455-63.

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

43 ref

007537   Saha T K (NO, National University of Lesotho, P O Roma 180, Maseru 100, Southern Africa, Email: drtksaha@gmail.com) : Cyberspace-conflicting jurisdictional spheres of litigating IPR cliams. J Intellect Prop Right 2010, 15(5), 364-73.

Cyberspace is an amorphous space which operates logically and its domain covers many areas of law and regulation including intellectual property rights infringement nuanced heavily on copyright jurisprudence and trade-related issues. IP protection in cyberspace embraces four clusters, namely, copyright; data protection; trademark, service mark, trade name and trade dress; and domain names. The jurisdictional sphere of cyberspace assumes importance in the light of conflicting claims which are litigated in the traditional mode without a unique model of jurisprudence suitable for resolution of myriad jurisdictional issues emanating from technological innovation. A single transaction in cyberspace may involve the laws of at least three jurisdictions: (1) the laws of the state/nation in which the user resides, (2) the laws of the state/nation where the server hosting the transaction is located, and (3) the laws of the state/nation which apply to the person or business with whom the transaction takes place. The paper explores how the traditional principles of jurisdiction are being adapted to amenability of jurisdiction of cyberspace-origin cases.

41 ref

007536   Negi A;Thakuria B J (NO, ILS Law College, Law College Road, Pune-411 004, Email: astha.negi@yahoo.co.in) : Principles governing damages in trademark infringement. J Intellect Prop Right 2010, 15(5), 374-9.

Award of damages as a relief in trademark infringement, has increasingly assumed importance in the modernized economies of the world; though grant of punitive damages is more recent. Initially, in order to restrain infringers, the courts usually granted injunction and in rare cases, granted damages. Damages are awarded to monetarily compensate the aggrieved party that has suffered injury. However, with increasing instances of piracy and growth of counterfeit goods, the courts have come to realize that awarding punitive damages may be a necessary deterrent to protect the interest of trademark holders. This article compares the principles governing damages in trademark infringement in United Kingdom, European Union, and United States of America while rendering an insight into the principle of damages as conceived under the Indian trademark law.

20 ref

007535   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR: impact of Indian patent act 2005 on Indian pharmaceutical industry. J Intellect Prop Right 2010, 15(6), 474-6.

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

007534   Nair M D (NO, , A-11, Sagarika, 15, 3nd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : Trips, WTO and IPR: counterfeit drugs. J Intellect Prop Right 2010, 15(5), 380-2.

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

007533   Gupta R (NALSAR University of Law, , Shameerpet, R R District, Hyderabad-500 078, Email: raddhika01@gmail.com ) : Compulsory Licensing under TRIPS: how far it addresseas public health concerns in developing nations. J Intellect Prop Right 2010, 15(5), 357-63.

While the TRIPS Agreement provides for the patenting of drugs, it also provides for compulsory licensing as a mechanism to check the abuse of patent rights that might flow from such a rigid patent regime. However, it was only after the subsequent Doha Declaration that the developing nations could use this provision of compulsory licensing to access drugs from the developed world. This article examines international law on compulsory licensing in patents, the extent to which it restricts the scope of developing countries in taking advantage of technology in the developed world, the space it leaves open for them to further promotion of public health and the manner in which it has been used in some developing countries. It argues that although there are a number of obstacles placed through the new patent law regime mandated by TRIPS, there is still immense scope left for the developing countries to exploit. Careful planning and policy making can enable an effective balancing of the conflicting interests of protecting patent rights and making essential drugs accessible to all.

20 ref

007532   Ghazinoory S;Abdi M;Bagheri S K (Information Technology Management Dep, Tarbiar Modares University, Ale-Ahmad St. Tehran, Iran, Email: ghazinoory@modares.ac.ir) : Promoting nanotechnology patenting: a new experience in national innovation system of Iran. J Intellect Prop Right 2010, 15(6), 464-73.

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

1 illus, 2 tables, 32 ref

007531   Chang J;Zhu X (NO, Institute of Intellectual Property Strategy, Huazhong University f Sci, Wuhan, China-430 074, Email: cjl@smail.hust.edu.cn) : Bioinformatics databases: intellectual property protection strategy. J Intellect Prop Right 2010, 15(6), 447-54.

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

1 illus, 29 ref

007530   Barpujari I (NO, The Energy & Resources Institute, Darbari Seth Block, IHC Complex, Lodhi Road, New Delhi-110 003, Email: indrani.barpujari@teri.res.in) : Facilitating access or monopoly: patent pools at the interface of patent and competition regimes. J Intellect Prop Right 2010, 15(5), 345-56.

In recent times, patent pools are being increasingly projected in policy circles as an important tool for developing countries, particularly, to gain access and cope with the problem of patent thickets in fields as diverse as pharmaceuticals, biotechnology, nanotechnology, clean energy technologies, etc. However, as borne out by the experience of different countries, particularly the United States, patent pools across industries could become anti-competitive in nature and foster 'monopoly of monopolies'. As developing countries like India begin to explore possibilities for the creation of patent pools to facilitate access to patented knowledge and technologies, it will be appropriate to look into the interface of the patent and competition regimes and their implications for patent pooling. This is imperative in order to facilitate setting up of pools which optimize the benefits, while reducing the risks of monopoly and cartelization, which they could give rise to. However, patent pooling is a very recent concept in India, the Indian Competition Act, 2002 is yet to be notified in full and there is dearth of case law on the subject. Hence, much of this discussion can at best be anticipatory and derived from the jurisprudence and case law of developed countries, particularly, the United States which has a long history of both pools and competition law.

44 ref

007529   Ayse Odman Boztosun N (Business Administration Dep, Commercial Law Div, Akdeniz University Faculty of Economics and Management, Dumlupinar Bulvari, Antalya, Turkey, Email: aboztosun@akdeniz.edu.tr) : Exploring the utility of utility models for fostering innovation. J Intellect Prop Right 2010, 15(6), 429-39.

A patent right provides the first and foremost form of protection for inventions. Patent regimes exist in almost every country. Despite convergence specially pushed through TRIPS, there are still important differences between these regimes. Lesser forms of patent protection for inventions, namely, utility models or short term or petty patents, constitute one of these fundamental differences. This article examines the pros and cons of these systems and comes up with the argument that such rights are necessary to foster innovation in a capitalist economy. The article further asserts that such utility' models may serve to remedy the shortcomings of the patent system, provided that they are enforced within a legal structure conducive to innovation, i.e. complemented with certain restrictions envisaged in the relevant intellectual property legislation and conditioned by effective enforcement of antitrust laws.

40 ref

006533   Gupta V (Chemistry Dep, T.R. Girls (P.G.) College, Aligarh) : Innvation-a creative idea. Behavioural Scient 2010, 11(1), 79-84.

Innovation generally gets confused with words like science, research, discovery, invention and technology, Each of these words is as different from the other as is possible. However, innovation is the backbone of the present day developments in every walk of modern life. Ancient India has had a rich tradition of innovation, discoveries and technique development. But, in modern India, due to lack of value based education our youth is not able to contribute much to innovations. Their focus on growth is individual and not national. We need to motivate our future generations to flood us with new and fresh ideas and thereby contribute towards national growth and development, which is the utmost need of the hour.

11 ref

019094   National Working Group (National Working Group on Patent Laws, Peoples Health Movement, India) : Indian civil society statement on the intergovernmental working group on public health, innovation and intellectual property. Pharma Rev 2008, 6(34), 50-2.

The National Working Group on Patent Laws along with other organizations have been examining the issues before the Intergovernmental Working Group on Public Health, Innovation and Intellectual Property (IGWG).A joint statement dated 22 April, 2008 has been prepared and forwarded to Ministry of Health.

007025   Sridhar M (NO, National Academy of Legal Studies and Research, University of Law, Hyderabad-500 014) : Right to know and the copyright. DESIDOC Bull Inf Technol 2007, 27(4), 15-27.

Discusses the importance of the right to know and the copyright and how they are relevant for democratic functioning.

3 ref

007024   Reddy G B (NO, University College of Law, Osmania University, Hyderabad-500 007, Email: gbredlaw@yahoo.co.in) : Infringement of copyright and doctrine of fair use. DESIDOC Bull Inf Technol 2007, 27(4), 29-36.

Analyses the Indian laws related to copyright, concept of infringement of copyright and exceptions to the same particularly with regard to fair use or fair dealing of copyright.

6 ref

007023   Rajashekhar C (Faculty of Law, Karnataka University, Dharwad-580 001, Email: rajashekar@hotmail.com) : Protection of geographical indication of goods. DESIDOC Bull Inf Technol 2007, 27(4), 37-40.

Defines the term geographical indications, its description and limitations under various licensed agreements. It also describes the impact of geographicl indication on reputation, quality and attributes of goods and products manufactured in particular country, region and area.

3 ref

007022   Gupta V K (NO, National Institute of Science, Technology and Developmental Studies, Pusa Gate, KS Krishnan Marg, New Delhi-110 012, Email: vkgdwarka@gmail.com) : Security-related provisions in IPR laws in India. DESIDOC Bull Inf Technol 2007, 27(4), 5-14.

Highlights the security-related provisions in IPR laws in India. There are no specific provisions related to national security in the laws on copyright, trademark, and geographical indication. It describes the provisions in the laws relating to patents, designs, integrated circuits, and plant varieties. The components of the Competition Act and the Information Technology Act relevant to the application of the acts keeping in mind the security of the country have also been included. Also points out the importance of other issues in the management of IPRs in defence like protection of confidential information, use of patent information in R&D, and sharing of IPRs during collaboration and the joint ventures in the development of technology.

22 ref

007021   Dabade G (NO, Drug Action Forum, Sony, 57, Tejaswinagar, Dharwad-580 002, Email: drdabade@gmail.com) : Data exclusivity: an absolute monopoly. DESIDOC Bull Inf Technol 2007, 27(4), 41-3.

Describes data exclusivity, its implication on generic drug manufacturers, and on cost of life-saving drugs in developing countries like India.

002109   Tayagi V;Brahmi P (NO, National Bureau of Plant Genetic Resources (NBPGR), New Delhi) : Germplasm exchange issues in era of intellectual property rights. Int J Trop Agric 2009, 27(1-2), 51-5.

The scenario has changed from free access to limited and it is important to understand issues of changing scenario with regard to access of germplasm in view of national and international agreements, intellectual property rights (IPR) and expanded scope to plant varieties. For management of plant genetic resources (PGR), developing countries need to understand the implications of IPR relevant to PGR. IPRs in developing countries as compared to stronger/PR's in developed countries will have a harmful effect in developing countries and developed countries will be harmed by reduced exchange of genetic resources. These issues have been discussed.

1 table, 10 ref

002108   Sahni J K;Ahmad F J;Khar R K (Pharmaceutics Dep, Faculty of Pharmacy, Jamia Hamdard, New Delhi-110 062, Email: jasjeet2975@yahoo.com) : Patenting of new life form-a critical review. Indian J pharm Educ Res 2009, 43(1), 1-7.

A patent is a form of immaterial property, or as it is now called, an Intellectual Property, that grants its owners exclusive control over the production and sale of an invention. The invention can be either a product or a process that provides a new substitute of doing something, or offers a new technical solution to a problem. The term "patent" has also been recently used in connection with the new life forms. Such a patent bestows on patent holder the recognized ownership of the new life forms. This category of patents besides having a potential to destroy biodiversity and livelihoods of indigenous companies, also encourages biopiracy. Besides this, there are a number of issues that arise immediately on the legality, economic feasibility, morality and safety of this concept. The present article is written with the objective to provide an in depth insight into all these issues.

24 ref

000022   Kavida V;Sivakoumar N (Commerce Dep, School of Management, Perunthalaivar Kamarjar College of Education, Nehru Nagar, Karaikal-609 605, Email: kavida4@yahoo.com) : Intellectual capital: a strategic management perspective. Icfai Univ J Knowledge Mgmt 2009, 7(5-6), 55-69.

Strategic management is associated with leveraging the strengths of an enterprise and to cash on the opportunities by overcoming the weaknesses and threats. Realization of the competencies of an enterprise would enable it to establish a competitive edge over its rivals. Since intellectual capital refers to the combined intangible capital which enables the company to function, it is critical for strategic management in knowledge-based industries. In the knowledge-based economy, numerous corporate organizations have utilized intellectual capital as their competitive advantage to create corporate value. The key issue in leveraging intellectual capital, as strategic tool for the business success, lies in the measurement of intellectual capital. As the adage goes, "what can be measured can be managed and what can be managed can be measured." Therefore, measurement of intellectual capital is a precondition for the 'strategic management' of intellectual capital. In this paper, an attempt is made to measure the value of intellectual capital in monetary terms, using the well-established indirect methods. The strength of these methods lies in their ability to utilize publicly available information about the firms. The primary objective of the study is to suggest the availability and reliability of the financial methods for the measurement of intellectual capital of the publicly traded companies, by analyzing the case of the Indian pharmaceutical companies.

1 table, 34 ref

014494   Sundaramoorthy S;Chandra Bindu Y;Mehdiratta R;Saberwal G (Biological Sciences Dep, National Univ of Singapore, Singapore-117 543, Email: gayatri@ibab.ac.in) : US patent holdings of homegrown Indian biotech and pharma companies. Curr Sci 2009, 96(2), 252-9.

Analysed all United States (US) patents of all homegrown Indian pharma and pharma biotech companies granted up to, and including, 2007. Only 57 companies (and associated foundations) have US patents. They hold a total of 19 biotech and 425 pharma patents. The patents protect both processes and 'products'. Pharma patents have been obtained since 1990, but biotech patents since 2001. A mere 11 patents have been cited ten or more times. This study serves as a baseline to track the evolution of the US patent landscape of the Indian biotech and pharma industries in the years to come.

3 illus, 3 tables, 3 ref

014493   Bera R K (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iiitb.ac.in) : Intellectual property fuels a global sense of competitiveness. Curr Sci 2009, 96(7), 898-903.

The global economy is undergoing a major shift. For a nation to be competitive it must strengthen its research agenda, become innovative, strengthen and protect its intellectual property, and find resources for the continuing education of its citizens.

35 ref

014492   Bera R K (International Institute of Information Technology, , 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iitb.ac.in) : Global importance of patents. Curr Sci 2009, 96(5), 643-5.

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014491   Bera R K (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iiitb.ac.in) : Harmonization of patent laws. Curr Sci 2009, 96(4), 457-8.

7 ref

014490   Bera R J (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iitb.ac.in) : Post-1980 world of biotechnology patents in the US. Curr Sci 2009, 96(10), 1343-8.

Till 1980 the US patent laws did not anticipate that one day such exotic objects as living things would become patentable. In the absence of laws tailored for biotechnology patents, the courts and the USPTO have tried to work within the existing legal framework. Their unease stems from the products of recombinant DMA technology which they treat as compositions of matter. Is life merely a patentable composition of matter? Post-1980, as DNA sequences, protein structures and disease pathways became patentable, the biotechnology sector has found a new unexpected commercial ally in the research university.

20 ref

014494   Sundaramoorthy S;Chandra Bindu Y;Mehdiratta R;Saberwal G (Biological Sciences Dep, National Univ of Singapore, Singapore-117 543, Email: gayatri@ibab.ac.in) : US patent holdings of homegrown Indian biotech and pharma companies. Curr Sci 2009, 96(2), 252-9.

Analysed all United States (US) patents of all homegrown Indian pharma and pharma biotech companies granted up to, and including, 2007. Only 57 companies (and associated foundations) have US patents. They hold a total of 19 biotech and 425 pharma patents. The patents protect both processes and 'products'. Pharma patents have been obtained since 1990, but biotech patents since 2001. A mere 11 patents have been cited ten or more times. This study serves as a baseline to track the evolution of the US patent landscape of the Indian biotech and pharma industries in the years to come.

3 illus, 3 tables, 3 ref

014493   Bera R K (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iiitb.ac.in) : Intellectual property fuels a global sense of competitiveness. Curr Sci 2009, 96(7), 898-903.

The global economy is undergoing a major shift. For a nation to be competitive it must strengthen its research agenda, become innovative, strengthen and protect its intellectual property, and find resources for the continuing education of its citizens.

35 ref

014492   Bera R K (International Institute of Information Technology, , 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iitb.ac.in) : Global importance of patents. Curr Sci 2009, 96(5), 643-5.

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014491   Bera R K (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iiitb.ac.in) : Harmonization of patent laws. Curr Sci 2009, 96(4), 457-8.

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014490   Bera R J (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalore-560 100, Email: rbera@iitb.ac.in) : Post-1980 world of biotechnology patents in the US. Curr Sci 2009, 96(10), 1343-8.

Till 1980 the US patent laws did not anticipate that one day such exotic objects as living things would become patentable. In the absence of laws tailored for biotechnology patents, the courts and the USPTO have tried to work within the existing legal framework. Their unease stems from the products of recombinant DMA technology which they treat as compositions of matter. Is life merely a patentable composition of matter? Post-1980, as DNA sequences, protein structures and disease pathways became patentable, the biotechnology sector has found a new unexpected commercial ally in the research university.

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022009   Richardson M;Tan D (Melbourne Law School, Melbourne Univ, Melbourne, Email: m.richardson@unimelb.edu.au) : Art of retelling: Harry Potter and copyright in a fan-literature era. Icfai Univ J Intellect Prop Right 2009, 8(3-4), 91-104.

Simple assertions that fans are harmless may be belied by the copyright cases threatened and launched by authors of popular fictional works against fans who write secondary works based on distinctive elements of the original stories. On the other hand, it may be that authors are too possessive of their creations, seeking to control their imaginary afterlives. The story of Warner Bros vs. RDR Books-the Harry Potter Lexicon cose-provides a vehicle to examine the conundrum. The decision of Patterson J in the US District Court navigates a fine line between original authorial control and literary activities of fans in suggesting that, in the main, fan literature should be encouraged and protected as fair use for copyright law purposes. However, the judge faced an uphill battle in countering Rowling's insistence that she was entitled to exercise control over all products derived from her 'nominative genius'. In the decision's aftermath, Rowling has elected to support rather than challenge a new version of the Lexicon, which seeks to incorporate substantially more commentary than the original version. However, we wonder what breathing space will be left for fan fiction.

022008   Lund J (NO, , 11970 Walnut Ln Apt 207, Los Angeles, CA 90025, Email: jmezinha@gmail.com) : Copyright genericide. Icfai Univ J Intellect Prop Right 2009, 8(3-4), 54-72.

The trademarks are diluted with the excessive usage and misuse or tarnishing and on the other hand the grant of intellectual property rights acts as incentives and triggers the innovations and creativity. It is necessary to balance the incentives generated and costs of access for extending the protection to the innovations. The dichotomy nature of the copyrights-the idea and expression, always lights up the argument that the idea also requires protection as the expression is generated from the idea, but it is not true. The defense of scenes a faire derived from the case-Cais vs. Universal Pictures Co., ocfs as a 'punishment to copyright owners'. The doctrine of 'minimal degree of creativity' provides for grant of copyright protection to any work which exhibits some degree of creativity in expression. The copyright protection is diluted by application of various doctrines such as 'fair use, statutory licencing and independent creation', etc. The author enlightens the extent of protection available to the expression with the help of a Lotus case.

022007   Chowbe V S (Law Dep, Sant Gadge Baba Amravati Univ, Amravati, Maharashtra, Email: vijuchowbe@yahoo.com) : Utility: a benchmark of patentability. Icfai Univ J Intellect Prop Right 2009, 8(3-4), 7-27.

Utility, albeit not sole, stands as one amongst three basic conditions for patentability of an invention. Invention, in order to be patentable, must have capability of commercial viability and "industrial applicability'. If the invention lacks or fails to demonstrate adequate utility, the patent claim for such an invention is naturally required to be discarded, as no invention is entitled any legal protection, if it equally fails to compensate society with something useful. In that way, utility is the touchstone of patentability and in true sense, represented market reality through legal literature.

022006   Chao B (NO, , Menlo Park, California, Email: bchao@chllp.com) : Rethinking enablement in the predictable arts: fully scoping the new rule. Icfai Univ J Intellect Prop Right 2009, 8(3-4), 28-53.

In exchange for granting inventors a limited monopoly, the patent laws require inventors to 'enable' the public to make and use their invention. In Liebel-Flarsheim Co. vs. Medrad, Inc., Automotive Technologies International, Inc. vs. BMW of North America, Inc., and Sitrick vs. Dreamworks, LLC, the Federal Circuit made it far easier to show that patents are invalid based on laclc of enablement in the predictable arts. These decisions rely on the enablement doctrine to invalidate claims that appear to be far broader in scope than what the written description of the patents suggests. The paper: (1) explains the rationale underlying the enablement doctrine; (2) traces how the doctrine has evolved into various inconsistent tests; (3) analyzes the three new decisions; and (4) rejects the 'full scope' rule that these decisions advance. Specifically, the paper argues that in the predictable arts, the full scope rule is extremely difficult to apply and will cause unnecessary litigation. Moreover, the enablement doctrine is a blunt instrument that rewards unintended beneficiaries and cannot consider all the facts important to an overbreadth analysis. Therefore, the enablement doctrine is not well suited to addressing the problem of generic or overbroad claims. The paper concludes that the Federal Circuit should talce a step back from the full scope rule and return to the principles set forth in its earlier decisions. Finally, the paper suggests that if the Court truly wishes to address overbroad or generic claims, the doctrines of claim construction and the reverse doctrine of equivalents are better vehicles for accomplishing that goal.

022005   Burk D L (NO, California Univ, Irvine School of Law, 3500 Berkeley Place, Irvine, CA 92617-8000, USA, Email: dburk@uci.edu) : Copyright and paratext in computer gaming. Icfai Univ J Intellect Prop Right 2009, 8(3-4), 73-90.

Adoption of information technologies is dependent on the availability of information to be channeled via such technologies. Online multiplayer role-playing games have become an important social and business feature of the Internet. The virtual worlds that game players inhabit now encompass population counts and economic activity greater than that of many nations in the physical world. The activity of players participating in an online game community is closely tied to paratexts that may include magazines, websites and even devices that lie outside the formal boundaries of the game, but which are intimately bound up in the transmission of knowledge and culture surrounding the game. In this paper, the legal structures that foster or inhibit particular gaming paratexts are examined. Such laws are in some senses extrinsic to the 'magic circle' of the game, but these external rules are deployed as constraints to enforce the internal logic of the game. Typically this occurs in cases where violation of the game's internal parameters would affect the owner's external marketing or business control. Commercial game developers may use copyright and related anti-circumvention laws to enforce preferred readings of the game, largely by dominating the paratexts associated with their product. Examining the control of paratexts yields important insights into the logic of legal rubrics governing online gaming.

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017848   Shapira O (The faculty of Law, One Academic Collage, Kiryat Ono 55000, Israel, Email: oshapira@ono.ac.il) : Joining forces in search for answers: the use of therapeutic jurisprudence in the realm of mediation ethics. Icfai univ J Alternative Dispute Resolution 2009, 8(1), 24-48.

The mediation process which is part of the Alternative Dispute Resolution movement began at the end of the 1970s and Therapeutic Jurisprudence which is a younger movement started gaining recognition in the 1990s. Explores some of the similarities in the two schools of thought in order to evaluate the possible contribution of Therapeutic Jurisprudence to mediation ethics. Requiring normative reading of the mediation process with the aid of the therapeutic lens, the reading suggests, behavioral guidelines for mediators and for other participants in the process such as the parties' lawyers. In addition, a large volume of writing published in recent years has raised the concern that mediation is losing its special qualities and strengths due to its acceptance by the legal system as a method for solving legal disputes. The theme of the article is that Therapeutic Jurisprudence may help to protect the uniqueness of mediation against institutional pressures.

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017847   Rajendra Prasad A (Professor of Law, Andhra Univ, Visakhapatnam, Email: prasad_aduru@hotmail.com) : Arbitration and consumer protection: the Indian perspective. Icfai univ J Alternative Dispute Resolution 2009, 8(1), 49-57.

Modern institution of arbitration and the present phase of consumer protection are rested on strong historical foundations. In ancient India, disputes were resolved at the village level and judicial administration was largely localized. The modern concept of arbitration has evolved from the ancient institution ofPanchayat-an age-old institution- which was vested with enormous powers for the adjudication of disputes. Like the institution of arbitration, consumer protection is also an ancient concept. The present Consumer Disputes Redressal Mechanism (popularly known as Consumer Courts) in India with less informalism like arbitral tribunals provides easy access to justice. The present paper highlights the historical perspective of arbitration and consumer protection and examines the approach of consumer courts in construting the arbitration clauses in consumer contracts in relation to consumers' rights to approach them.

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017846   Gillies P (Division of Law, Macquarie Univ, Sydney, Australia, Email: Peter.Gillies@law.mq.edu.au) : Forum non conveniens in the context of international commercial arbitration. Icfai univ J Alternative Dispute Resolution 2009, 8(1), 9-23.

Reviews the role of the common law doctrine, or principles of forum non conveniens in the context of international commercial arbitration. By way of preliminary review, the role of the doctrine is commented upon along with the tests for applying it. One question will recur in this review-are the factors governing the application of forum non conveniens the same in the litigation and arbitration contexts, or has its operation in the arbitration context requiring a modification of the doctrine and for the rules governing its application? The paper focuses on three common law jurisdictions in England, the United States, and australia.

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015587   Pathan F K;Venkata D A;Panguluri S K (Anatomical Sciences and Neurobiology, School of Medicine, University of Louisville KY 40292 USA, , Email: spangaluri@gmail.com) : Strategies for patenting in biotechnology. Curr Trends Biotechnol Pharm 2009, 3(3), 225-40.

Discussing on various components of patenting tools, protection and methodologies as an introductory material for scientists and students for the better understanding of intellectual property (IP) rights. Promotes the use of IP's to protect the technology being theft out for biological terrorism rather than a commercial motif to "Business" the science.

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