Biswas M
012414 Biswas M (NO, Fortune Institute of Management, New Delhi) : Post-WTO patenting in Asia: a comparative study of three Asian tigers. J Indian Mgmt Strategy 2008, 13(2), 27-31.
The study focuses on the patent filing as an important indicator of economic activity in a country. Recently there has been a tremendous growth in patent filing from Asia exceptional being India. The number of patents filed according to WIPO 2006 report from India compared with three north-eastern Asian countries is analyzed and interpreted. India being a hub of intellect lags behind the other north-eastern Asian countries as far as resident and PCT international application of patents is concerned. India needs to address the issue and make amendments to strengthen in this area.
8 ref
Rai M;Singh L K;Sharma A
011398 Rai M;Singh L K;Sharma A (Crop Improvement Dep, Central Soil Salinity Research Institute, Karnal-132 001) : Intellectual property: strong determinant of economic growth. J Pharm Bioallied Sci 2009, 1(1), 1-7.
The aim of the study is to investigate the impact of a strong IP regime on the economic development of a nation and also a light is raised into Indian economy, and the creation of an efficient innovative system is discussed. A strong relation of the IPR with the pharma and biotech sectors has been discussed. Undoubtedly, the Intellectual property (IP) systems must be developed so as to bring in socioeconomic well-being. The fact that a strong IPR actually provokes IPR infringements in many developing nations also seems to be an issue that needs to be analyzed while understanding the need of the former. The trade-off between unfair competition laws and IP also assumes importance of high magnitude and hence needs to be particularly emphasized. With the growing recognition of IPR, the importance of worldwide forums on IPR has been realized. Companies, universities, and industries want to protect their IPR internationally. In order to reach this goal, countries have signed numerous agreements and treaties.
Gupta H;Suresh Kumar;Roy S K;Gaud R S
011397 Gupta H;Suresh Kumar;Roy S K;Gaud R S (Faculty of Pharmacy, Jamia Hamdard (Hamdard Univ), New Delhi-110 062, Email: himanshu18in@yahoo.com) : Patent protection strategies. J Pharm Bioallied Sci 2010, 2(1), 2-7.
It is widely recognized that the pharmaceutical industry faces serious financial challenges. Large numbers of blockbuster drugs are losing patent protection and going generic. The pipeline of new drugs is too sparse to fill the gap and generate a platform for future growth. Moreover, many of the new products are biologies with much narrower target patient populations and comparatively higher prices relative to traditional pharmaceuticals. So now the time has come for pharmaceutical scientists to have a better understanding of patent fundamentals. This need is illustrated by analyses of key scientific and legal issues that arose during recent patent infringement cases involving Prozac, Prilosec, and Buspar. Facing this scenario, the pharmaceutical industry has moved to accelerate drug development process and to adopt at the same time different strategies to extend the life time of the patent monopoly to provide the economic incentives and utilizing it for drug discovery and development. This review covers the need of patent protection and various strategies to extend the patent.
23 ref
Sukhdev Singh;Nanda A;Kalia A N
010331 Sukhdev Singh;Nanda A;Kalia A N (Pharmaceutical Sciences Dep, Maharshi Dayanand Univ, Rohtak, Haryana, Email: an_mdu@rediffmail.com) : Patentability of herbal products. Pharma Rev 2008, 6(33), 118-24.
Cost of pharmaceutical product development is rising day by day, which passed over US 800 million dollars presently, This ever increasing cost creates a burden on the developers/innovators as well as consumers. However, driving factor for any business, e.g, pharmaceutical industry is the profit recovered by the product development and marketing. Therefore, for proper development and growth of pharmaceutical company, Research and Development (R&D) unit plays a critical role, i.e., R & D unit is a life blood of M pharmaceutical firm. However, it is equally important that the work or outputs of the R & D unit which are more precisely known as "Intellectual Properties" are protected by the appropriate legislative system of concerned country. This article provides the overview of some of the basic fundamentals of patent system on which patent's eligibility depends. Herbals are not patentable "pre se" for the reasoon that these are not new since these are known by traditional use. Innovator companies of herbal Pharmaceuticals adopt several strstegies to obtain patents and marketing exclusivity for their products. These strategies have been discussed briefly by including suitable examples of each category.
^iia30 ref
Thomas Z
009230 Thomas Z (Open Source Drug Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110 001) : IP case law developments. J Intellect Prop Right 2009, 14(6), 532-41.
Some of the recently reported cases have been summarized on intellectual property law to enable readers to understand how the Courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, copyright law and patent law are covered.
Srihari Y;Padmaja S;Srinivasa Rao G
009229 Srihari Y;Padmaja S;Srinivasa Rao G (NO, Aurobibindo Pharma Ltd, 313 Bachupally, Qutubullapur Mandal, Hyderabad-500 072, Email: srihari@aurobindo.com) : Implications of drug price competition and patent term restoration act (DPCPTRA) on Indan pharma industry. J Intellect Prop Right 2009, 14(6), 501-12.
Drug Price Competition and Patent Term Restoration Act (DPCPTRA), informally known as the 'Hatch-Waxman Act', introduced in 1984, modified the Patent Act of 1952 and Federal Food, Drug, and Cosmetic Act Section 21 U.S.C. 355(j) to simplify approval process of generic drugs by FDA by filing Abbreviated New Drug Applications (ANDAs). This Act also provided some incentives to innovators as well as generic companies by way of patent extension based on regulatory delays as well as 180-day exclusivity to generic companies that have the first-to-file (FTF) AND A against patents listed in Orange Book. This paper reports the first-time generic drugs approved by FDA during 2004-08 and the number of ANDAs receiving 180-day exclusivities as well as the impact of DPCPTRA on Indian pharma industry.
6 illus, 7 tables, 52 ref
Sharma A
009228 Sharma A (Natinal Law Institute Univ, Kerwa Dam Road, Bhopla-462 044, Email: ayushsharma.nilu@gmail.com) : Indian perspective of fair dealing under copyright law: lex lata or lex ferenda?. J Intellect Prop Right 2009, 14(6), 523-31.
Fair dealing is an important concept in Indian copyright law. However, despite its importance in the copyright regime and the importance of the copyright regime to advancement of technology, the concept remains relatively unexplored in India. The Americans, on the other hand, have been rapidly refining their concept of fair use over the past decades. Has the Indian Judiciary benefited from the American experience? This article attempts to explore the historical roots of copyright law and fair dealing in India, its raison d'atre, the statutory and primarily the judicial treatment of the concept. It also dhaisses the attitude of the Indian judiciary to the defence of fair dealing, in the light of American jurisprudence. The article concludes to say that though the Indian courts have borrowed the factor analysis method in the assessment of lair dealing from US and have also adopted a disciplined approach in dealing with this defence, Indian copyright jurisprudence is still awaiting its watershed equivalent of Folsom v Marsh to address fundamental issues about the purpose, meaning and application of the Indian law on fair dealing. The role of fair dealing in the overall scheme of Indian copyright law regime remains to be defined.
74 ref
Saha T K
009227 Saha T K (NO, National University of Lesotho, Roma 180, Lesotho, Email: drtkasha@gmail.com) : War on words in cyberspace-legal constraints and conflicts between rights of privacy and freedom of speech. J Intellect Prop Right 2009, 14(6), 489-500.
Cyber is understood as computer and mathematical analysis of the flow of information. The word 'Cyber' comes from the Greek word for navigator originating in kybernete meaning 'helmsman'. Cyberspace is the virtual (nonphysical) space created by computer systems that is, a shared virtual or metaphorical environment whose inhabitants, objects, and spaces comprise data that is visualized, heard and touched by surfing Internet. In other words, it is an artificial, virtual, conceptually constructed mental environment or notional space developed using computers. This very idyllic conception of imaginary locale which is not a land of Utopia but a realm of experience was crafted by a futuristic designer author William Gibson who coined the term cyberspace in his 'Burning Chrome' in 1982 and later popularized by his sci-fi Hugo Award winning novel Neuromancer in 1984. The credit of Gibson had been acknowledged by John Perry Barlow in his works, 'Crime and Puzzlement' published in 1990. He writes, Tn this silent world, all conversation is typed. To enter it, one forsakes both body and place and becomes a thing of words alone. We can see what our neighbours are saying (or recently said), but not what either they or their physical surroundings look like. Town meetings are continuous and discussions rage on everything from sexual kinks to depreciation schedules. Whether by one telephonic tendril or millions, they are all connected to one another. Collectively, they form what their inhabitants call the 'Net'. It extends across that immense region of electron states, microwaves, magnetic fields, light pulses and thought which sci-fi writer William Gibson named Cyberspace.' The problem is how to reconcile all the conflicting claims arising out of the issues of privacy in the context of Internet exposure vis-a-vis the right to freedom of speech. The paper will raise all these issues cropping up in a number of fields and discuss the legal implications on the encroachment of the freedom of speech.
37 ref
Paul B;Jha S K
009226 Paul B;Jha S K (Humanities and Social Sciences Dep, Indian Institute of Technology, Mumbai, Powai-400 076, Email: babupaul@iitb.ac.in) : Policy options for developing countries for the accessibility and affordability of medicines under TRIPS. Sci Vision 2009, 8(1), 10-26.
Areement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) came into existence along with the World Trade Organization (WTO) from January 1, 1995. Being a member of WTO, India accepted product patent protection for pharmaceuticals from January 1, 2005 onwards. The main impact of TRIPS agreement may be to stop countries such as India from producing cheaper generics of patented drugs. If may promote the monopoly power of the MNCs for the production and marketing of new drugs, resulting in escalation of prices. The TRIPS Agreement provides flexibilities for governments to strike a balance between the private rights of the patentees and the socioeconomic needs of the people. The paper studies various TRIPS safeguards like limits on data protection, Bolar exception, parallel imports, compulsory licensing, etc., to protect public health.
20 ref
Nair M D
009225 Nair M D (NO, , A-11, Sagarica, 15,3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR - how far have we gone with the doha round ?. J Intellect Prop Right 2009, 14(6), 542-43.
Kaushik A;Prakash N
009224 Kaushik A;Prakash N (National Conference on Intellectual Property Right, Indian Institute of Technology, ) : Google library project: following the copyright debate. Sci Vision 2009, 8(1), 74-83.
Google library is a classic example of the techno-legal issues relating to the copyrights. The library contains the digitalized version of confenf of various authors. Some of fhe contents may be the copyrighted material. As a result, if faces the law suits for violation of copyrights of the authors. The claim of 'fair use' as a defense by the Google is not accepted by the courts. However, while analyzing the law suits, and provisions of Section 107 of the Copyright Act of US, the courts have laid down four-factor tests to find out whether there is an infringement of copyrighted material or not. The four-factor tests include the purpose and character of the use, the nature of the copyrighted work, the amount of the work used and the effects or potential effect on the market for the original work.
Jain T
009223 Jain T (NO, Supreme Court of India, New Delhi, Email: tarunjain@gmail.com) : Compulsory licenses under trips and its obligations for member countries. Sci Vision 2009, 8(1), 27-50.
The status of the compulsory license is reached after evolving through a longer period and referred in various conventions relating to intellectual property rights such as the Rome Convention, Paris Convention and Berne Convention etc., though the concept existed even before. Article 31 of the TRIPS Agreement envisages the concept of compulsory license more comprehensively and lays down the process. It defines certain specific conditions for the grant of compulsory license, duration of license, and obligations of the member countries towards grant and use of the compulsory license. It also provides for the judicial review or other independent review to test the legal validity of any decision relating to the authorization. The concept of compulsory license is also inserted into the Indian Patent Act, 1 970 by way of an amendment in 2005.
16 ref
Chowbe V S
009222 Chowbe V S (Post Graduate Teaching Dep of Law, Sant Godgebaba Amravati Univ, Amravati, Maharashtra, Email: vijuchowbe@yahoo.com) : Featuring the common principles of 'Indian Patent system': unveiling facts, fiction and fallacies. Sci Vision 2009, 8(1), 51-73.
Patent system has always been mystified in common parlance, maybe due to its varied nature, its inherent technicality and its subject matter. This article analyzes the principles, rationale and justification of patent system and attempts to understand its true foundation. In this attempt, an effort has been made to clarify foggy fictions and fallacies and illuminate the true nature of patent system in general, with specific reference to the Indian patent system.
1 illus
Chakravarty S
009221 Chakravarty S (Hidayatullah National Law Univ, HNLU Bhawan, Civil Lines, Raipur, Chhattisgarh-492 001, Email: sindhura.chakravarty@gmail.com) : Importance of assignment agreements under intellectual property laws in India. J Intellect Prop Right 2009, 14(6), 513-22.
Well-established s atutory, administrative and judicial framework exists in India t-safeguard intellectual property, relating to patents, trademarks, copyright or industrial designs. An important aspect of these laws deals with assignment agreements. An assignment agreement is an intellectual property (IP) transaction that deals with the ownership and disposition of intellectual property rights as well as with the control over the use of or access to intellectual property. This paper attempts to briefly explain assignment agreements in general ti rms as well as the essential requirements for assignment agreements under the Indian Contract Act, 1872, and the Indian Stamp Act, 1899. It discusses in detail the sections pertaining to assignment agreements in the legislations on Intellectual Property Law in India. It also provides information regarding the forms through which assignment of the intellectual property can be registered. The Madrid protocol and the rules regarding assignment of trademarks in the international forum have also been discussed.
69 ref
Pathan F K;Venkata D A;Panguluri S K
004014 Pathan F K;Venkata D A;Panguluri S K (NO, Anatomical Sciences and Neurobiology, School of Medicine, University o, , Email: spangaluri@gmail.com ) : Strategies for patenting in biotechnology. Curr Trends Biotechnol Pharm 2009, 3(3), 225-40.
Discusses 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.
^iia1 illus, 20 ref
Thomas Z
002995 Thomas Z (Open Source Drug Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110 001) : IP case law developments. J Intellect Prop Right 2009, 14(6), 532-41.
Summarises some of the recently reported cases on intellectual property law to enable readers to understand how the Courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, copyright law and patent law are covered.
Srihari Y;Padmaja S;Srinivasa Rao G
002994 Srihari Y;Padmaja S;Srinivasa Rao G (NO, Aurobindo Pharma Ltd, 313 Bachupally, Qutubullapur Mandal, Hyderabad-500 072) : Implications of drug price competition and patent term restoration act (DPCPTRA) on Indian pharma industry. J Intellect Prop Right 2009, 14(6), 501-12.
The Drug Price Competition and Patent Term Restoration Act (DPCPTRA), informally known as the 'Hatch-Waxman Act', introduced in 1984, modified the Patent Act of 1952 and Federal Food, Drug, and Cosmetic Act Section 21 U.S.C. 355(j) to simplify approval process of generic drugs by FDA by filing Abbreviated New Drug Applications (ANDAs). This Act also provided some incentives to innovators as well as generic companies by way of patent extension based on regulatory delays as well as 180-day exclusivity to generic companies that have the first-to-file (FTF) ANDA against patents listed in Orange Book. This paper reports the first-time generic drugs approved by FDA during 2004-08 and the number of ANDAs receiving 180-day exclusivities as well as the impact of DPCPTRA on Indian pharma industry.
Soni H;Rithish S
002993 Soni H;Rithish S (KLE's College of Pharmacy, Rajaji Nagar IInd Blcok, Bangalore-560 010, Email: heenasoni@hotmail.com) : Patenting microorganism and intellectual property rights. Indian J pharm Educ Res 2008, 42(4), 413-16.
The issue related to inclusion of microorganisms as patentable came into existence after implementation of Patents (amendment) Act, 2005. This amendment complies with Trade Related Aspects of Intellectual Property Rights (TRIPs), article 27.3(b). The amendment of Patent Act 2005 introduces product patent regime where microorganisms are considered as patentable. The patentable microorganism should satisfy the criteria of novelty, utility and non-obviousness. The new law does not define microorganism clearly, though naturally occurring organisms and genes identified from living organisms are not considered as patentable. Gene sequence, proteins and biotechnology products can be patented under product patent regime. Looking at the total scenario of patenting the microorganisms, it is most likely that it would evolve as a new field, of patenting in biotechnology in India.
1 table, 14 ref
Sharma A
002992 Sharma A (NO, National Law Institute University, Kerwa Dam Road, Bhopal-462 044) : Indian perspective of fair dealing under copyright law: Lex Lata or Lex Ferenda?. J Intellect Prop Right 2009, 14(6), 523-31.
Fair dealing is an important concept in Indian copyright law. However, despite its importance in the copyright regime and the importance of the copyright regime to advancement of technology, the concept remains relatively unexplored in India. The Americans, on the other hand, have been rapidly refining their concept of fair use over the past decades. Has the Indian Judiciary benefited from the American experience? This article attempts to explore the historical roots of copyright law and fair dealing in India, its raison d'atre, the statutory and primarily the judicial treatment of the concept. It also discusses the attitude of the Indian judiciary to the defence of fair dealing, in the light of American jurisprudence. The article concludes to say that though the Indian courts have borrowed the factor analysis method in the assessment of fair dealing from US and have also adopted a disciplined approach in dealing with this defence, Indian copyright jurisprudence is still awaiting its watershed equivalent of Folsom v Marsh to address fundamental issues about the purpose, meaning and application of the Indian law on fair dealing. The role of fair dealing in the overall scheme of Indian copyright law regime remains to be defined.
Saha T K
002991 Saha T K (NO, National University of Lesotho, Roma 180, Lesotho) : War on words in cyberspace- legal constraints and conflicts between rights of privacy and freedom of speech. J Intellect Prop Right 2009, 14(6), 489-500.
Cyber is understood as computer and mathematical analysis of the flow of information. The word 'Cyber' comes from the Greek word for navigator originating in kybern‚t‚ meaning 'helmsman'. Cyberspace is the virtual (nonphysical) space created by computer systems that is, a shared virtual or metaphorical environment whose inhabitants, objects, and spaces comprise data that is visualized, heard and touched by surfing Internet. In other words, it is an artificial, virtual, conceptually constructed mental environment or notional space developed using computers. This very idyllic conception of imaginary locale which is not a land of utopia but a realm of experience was crafted by a futuristic designer author William Gibson who coined the term cyberspace in his 'Burning Chrome' in 1982 and later popularized by his sci-fi Hugo Award winning novel Neuromancer in 1984. The credit of Gibson had been acknowledged by John Perry Barlow in his works, 'Crime and Puzzlement' published in 1990. He writes, 'In this silent world, all conversation is typed. To enter it, one forsakes both body and place and becomes a thing of words alone. You can see what your neighbours are saying (or recently said), but not what either they or their physical surroundings look like. Town meetings are continuous and discussions rage on everything from sexual kinks to depreciation schedules. Whether by one telephonic tendril or millions, they are all connected to one another. Collectively, they form what their inhabitants call the 'Net'. It extends across that immense region of electron states, microwaves, magnetic fields, light pulses and thought which sci-fi writer William Gibson named Cyberspace.' The problem is how to reconcile all the conflicting claims arising out of the issues of privacy in the context of Internet exposure vis-a-vis the right to freedom of speech. The paper will raise all these issues cropping up in a number of fields and discuss the legal implications on the encroachment of the freedom of speech.
Nair M D
002990 Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : TRIPS, WTO and IPR - how far have we gone with the DOHA round?. J Intellect Prop Right 2009, 14(6), 542-3.
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 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. This issue covers how far we have gone with the DOHA round.
Janodia M D;Udupa N;Venkata Rao J;Pandey S
002989 Janodia M D;Udupa N;Venkata Rao J;Pandey S (Pharmacy Management Dep, Manipal College of Pharmaceutical Sciences, Manipal-576 104, Email: n.udupa@manipal.edu) : Patents, profitability and access to medicines in TRIPS regime in India-is there a way out?. Indian J pharm Educ Res 2008, 42(1), 84-8.
Indian Patent system has evolved over a period of time and since colonial rule various amendments have been made. Indian Patents Act 1970 that allowed only process patent in the fields of pharmaceuticals, food and agrochemicals was the driving force behind the success story of thriving Indian Pharmaceutical Industry and was modeled by various developing countries. With India becoming member country of WTO India was obliged to amend the Patents Act 1970, which was done by India by issuing an Ordinance in December 2004 and then subsequently passing the law on 23 March 2005. With this amendment of Patent Act, Indian pharma companies can no longer manufacture generic versions of patented drugs. Various forums have raised the issues of pros and cons of patent system in India. Tries to discuss the various aspects of patents, arguments in favor of justifying the cost of R&D for a new drug molecule, various arguments propounded by various forums and the flexibilities given by TRIPS and how these flexibilities can he used to support public health.
1 illus, 29 ref
Chakravarty S
002988 Chakravarty S (NO, Hidayatullah National Law University, HNLU Bhawan, Civil Lines, Raipur, Chhattisgarh-492 001) : Importance of assignment agreements under intellectual property laws in India. J Intellect Prop Right 2009, 14(6), 513-22.
Well-established statutory, administrative and judicial framework exists in India to safeguard intellectual property, relating to patents, trademarks, copyright or industrial designs. An important aspect of these laws deals with assignment agreements. An assignment agreement is an intellectual property (IP) transaction that deals with the ownership and disposition of intellectual property rights as well as with the control over the use of or access to intellectual property. This paper attempts to briefly explain assignment agreements in general terms as well as the essential requirements for assignment agreements under the Indian Contract Act, 1872, and the Indian Stamp Act, 1899. It discusses in detail the sections pertaining to assignment agreements in the legislations on Intellectual Property Law in India. It also provides information regarding the forms through which assignment of the intellectual property can be registered. The Madrid protocol and the rules regarding assignment of trademarks in the international forum have also been discussed.
Bera R K
002987 Bera R K (NO, International Institute of Information Technology, 26/C, Electronics City, Hosur Road, Bangalre-560 100, Email: rbera@iitb.ac.in) : Patentable subject matter under the US patent Act, 1952: cases. Curr Sci 2008, 95(10), 1421-5.
What is patentable subject matter under the U.S. Patent Act, 1952 is governed by Section 101. Case law related to this Section has an interesting history. It led to the patenting of living matter, software inventions, and business methods, all of which were believed to be unpatentable before the courts decided otherwise. Even after decades of litigation involving Section 101, its interpretation is not yet settled.
19 ref
Vinoth Khanna S R;Ravindran S
000983 Vinoth Khanna S R;Ravindran S (NO, Altacit Global, Creative Enclave, III Floor,#148-150, Luz Church Road, Mylapore-600 004) : Benefits of the London agreement (2000) for Indian patent applicants. J Intellect Prop Right 2009, 14(4), 317-20.
The London Agreement aims to reduce translation costs required for validating European patents granted under the European Patent Convention (EPC). The EPC grants European patents for the member states of the EPC through a centralized administrative procedure. For validation of the granted European patents in each member state, entire translation of the patent is required. By reducing the compulsion to provide patent translations, the London Agreement is expected to reduce financial burden upon applicants seeking to protect their inventions in the member countries of the EPC. This article discusses effects on the European patent system and benefits for the Indian patent applicants on account of the implementation of the London Agreement (the Agreement on the application of Article 65 of the Convention on the grant of European patents).
Vijay Lakshmi V;Patro A M
000982 Vijay Lakshmi V;Patro A M (Dr B R Ambedkar College of Law, Andhra University, Waltair, Visakhapatnam-530 003) : Intellectual property protection at border. J Intellect Prop Right 2009, 14(4), 330-9.
Protection of the property within the territory or across the border has equal significance. Laws of property are intended to protect owners of property against a variety of unlawful uses by the third parties. These laws include laws dealing with corporeal property and incorporeal or intangible property. Intellectual property comes under the later category. One of the objectives of making or manufacturing goods is trade and trade includes international trade also. In recent times, it is seen that international trade in pirated works and counterfeit goods is increasing at an alarming rate, causing substantial loss to the rights owner and the government. Thus, traditional customs laws need fortification. Similarly, intellectual property rights (IPR) dealing with copyright, patents and trademarks require introduction, substitution or amendment of new rules. These measures would enhance efficacy of existing regulations thereby enabling the authorities to arrest illegal trade across the border. This study is an analysis of the protection of IPR under the customs laws and IPR legislation. Global perspectives and the new Customs Rules of 2007 are also discussed.
Tomar V
000981 Tomar V (NO, , Chamber No. 206, New Lawyers' Chambers, Bhagwandass Road, New Delhi-110 001) : Trademark licensing & franchising: trends in transfer of rights. J Intellect Prop Right 2009, 14(5), 397-404.
A revolution has ushered in the field of trademarks with the change in the treatment to licensing under the new Trademarks Act, 1999. The replacement of the old Trademarks Act 1958, which referred only to `permitted use' and `registered user' with the new Act has enlarged the scope of the term `permitted use'. The effect, which has sought to be achieved with this change is, that now trademarks could be licensed to third parties without the need to register the licensee as the `registered user'. The requirement that a license be recorded with a Government Agency, i.e. the Trademark Office has been done away with and the failure to registration does not render a license invalid. Over the past fifty years, the law governing trademark licensing has changed drastically in response to the pressures of new commercial methods of distributing goods and services. With the gradual change in approach towards licensing, it slowly began to be accepted and now is in fact encouraged as a commercial phenomenon in the law. One cannot deny that licensing in trademarks has become a regular commercial practice. But at the same time the law has provided for fulfillment of certain conditions, viz. `quality control' or `connection in course of trade', which need to be complied with as the trademark holder decides to enter into a license arrangement. And it is suggested that a trademark owner should avoid an exclusive license because it may be read as an assignment. Also, even though the system of keeping records of registered users of the trademark is no more prevalent, registration continues to carry additional advantages for a trademark owner under the current scheme of the Act also. Section 53 of the Indian Trademark Act, 1999 creates an incentive for registration by depriving the unregistered licensees of the right created by virtue of Section 52.
Thomas Z
000980 Thomas Z (Open Source Drug Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110 001, Email: zthomas@piercelaw.edu) : IP case law developments. J Intellect Prop Right 2009, 14(5), 437-45.
Attempts to summarise some of the recently reported cases on intellectual property law to enable readers to understand how the Courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, copyright law and patent law are covered.
Sinha B;Joshi H;Ghosh P K
000979 Sinha B;Joshi H;Ghosh P K (IPR Cell, IIT Roorkee, Roorkee-247 667) : Challenges in creation and management of knowledge capital in technical educational institutions. J Intellect Prop Right 2009, 14(4), 340-5.
The global knowledge economy has put the focus on local centres of economic growth and depends on the capacity of institutions and organizations to continually reinvent and reconfigure themselves and their environment. In this context, certain parameters were taken into consideration for a better understanding of how institutions deploy their core resources and competencies towards IP creation and management. Examines some of the challenges faced in IP creation for India and suggests approach to effectively manage the knowledge capital. In particular, the objectives of the study are assessment and identification of issues in creation of IP in technical institutions, and finding appropriate measures to address these issues.
Rai R K
000978 Rai R K (NO, , Computer Center, Near Police Bhawan, Sector 18, Gandhinagar, Gujarat-382 009) : TRIPS article 23 extension stalemate continues: a way-ahead for the developing countries. J Intellect Prop Right 2009, 14(5), 405-22.
The GI-extension debate has brought conspicuous public attention on the unusual characteristic of the TRIPS Agreement. Unlike other classes of intellectual property, the TRIPS Agreement provides a pecking order in the levels of protection for a single definition of subject matter. While most of the Members admit that the pecking order in the levels of protection has neither logical nor legal basis, they continue to vehemently defend their positions on GI-extension. Though the debate over extension of Article 23 started out largely as a North-North issue, the current debate is an interesting amalgamation of North-North conflict and North-South split. This paper examines the provisions of TRIPS Agreement regarding GIs and utilizes the submissions made to the TRIPS Councils to critically analyse the issue of Article 23 extension in the background of North-South face-off. This article also evaluates the possibility of higher protection in addressing distinctive circumstances confronted by the developing countries. Concludes that in view of the diverging interests among Members, the current TRIPS Agreement provisions regarding protection of GIs should be maintained as the minimum standard to achieve an acceptable agreement, and the question of GI-extension should be decided after examining the issue on two counts - the allowances that would required to be conceded elsewhere in exchange for agreement on GI-extension, and the liabilities linked with protecting GIs of other Members.
Nair M D
000977 Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : TRIPS, WTO and IPR - DOHA round & public health. J Intellect Prop Right 2009, 14(5), 446-7.
Attempts to summarize some of the recently reported cases on Intellectual property law to enable readers to understand how the Courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, copyright law and patent law are covered.
Nair M D
000976 Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : TRIPS, WTO and IPR - how effective is the dispute settlement process?. J Intellect Prop Right 2009, 14(4), 346-8.
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 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. This issue covers effect of dispute settlement process.
Mishra P;Dutta A
000975 Mishra P;Dutta A (NO, National Law Institute University, Kerwa Dam Road, Bhopal-462 044) : Striking a balance between liability of internet service providers and protection of copyright over the internet: a need of the hour. J Intellect Prop Right 2009, 14(4), 321-9.
With the advent of 'World Wide Web', the Cyberspace has spread its tentacles throughout the globe bringing in its wake highly controversial issues. Despite advantages of this matrix of immense utility, the Internet poses potential threat to the Internet Service Providers (ISPs) of incurring liability for no fault of theirs. The quantum of liability of ISPs has become an important issue for the legislators of all countries. This paper limits its scope to the legal issues integrated to the much debated problem of the 'scope of liability of ISPs for copyright infringement by third parties or subscribers'. The object of the paper is to provide a comprehensive analysis of the prevailing legislative approaches towards this issue in India and bring out loopholes in the present legal framework. The paper also suggests establishing a clear and specific 'safe harbour protection' for the ISPs in India by incorporating notice takedown procedures, implementing standard technical measures and by appropriate categorization of ISPs. While doing so, it analyses the laws of countries like US and Japan where legal regime is far more developed to tackle the issue in question. The lacuna in the Indian laws must be cured so as to develop a legal system in consonance with the international order, which can combat the unforeseen anomaly of the Internet era. Furthermore, specific laws and procedures should be framed, to clear the suffocating air of critical issues, striking a balance between ISPs liability and interest of the copyright holders.
Janodia M D;Venkata Rao J;Pandey S;Sreedhar D;Ligade V S;Udupa N
000974 Janodia M D;Venkata Rao J;Pandey S;Sreedhar D;Ligade V S;Udupa N (Manipal College of Pharmaceutical Sciences, Manipal University, Manipal-576 104) : Impact of patents on Indian pharma industry's growth and competency: a viewpoint of pharmaceutical companies in India. J Intellect Prop Right 2009, 14(5), 432-6.
Instruments of intellectual property rights (IPR) are considered to achieve economic, social and technological advancement for a country in all aspects. Of all the instruments of IPR, patent is the most contentious issue which is deliberated in several international fora. Patents are mostly debated for their role in pharmaceutical field. India signed General Agreement on Tariffs and Trade (GATT) in 1994 agreeing to implement the IPR in all fields of technology, including product patent, with effect from 1 January 1995. Taking into account India's status as a developing country, India was granted a transition period of ten years from 1995 to 2005 to switch over from process patent to product patent. With this shift, it was imperative for Indian pharmaceutical companies to embrace product patents. This study was undertaken with the objective of identifying the situation in India after product patent regime was implemented. The role of Indian pharmaceutical companies in the era of product patent is crucial. Attempts identify how Indian pharmaceutical companies view product patent regime, hindering the growth of industry or providing impetus to R&D, in this study. The measures taken by these companies to survive and grow in product patent regime have also been analysed.
Gupta M S
000973 Gupta M S (NO, K&S Partners, #134, 60 Ft Domlur Road, Indiranagar, Bangalore-560 008) : Sufficiency of disclosure in patent specification. J Intellect Prop Right 2009, 14(4), 307-16.
There is an old Latin saying 'Do ut des', which means give and you will be given; the principle of reciprocity. The topic of this paper is something similar to this saying. The Patent Offices invite applicants/ inventors to sufficiently disclose information pertinent to invention in a patent specification for grant of a patent. This paper highlights importance of providing sufficient information in a patent specification before filing with any Patent Office. It also analyses sections in Indian Patents Act, 1970, pertaining to 'sufficiency of disclosure' by citing case laws. In addition, a comparative analysis between Indian, US and European patent law towards this aspect is done. The implications of not providing information in patent specification are highlighted and certain aspects which need to be considered by applicants/ inventors before filing the invention with Patent Office are recommended.
Baruah A
000972 Baruah A (Intellectual Property Management Div, CSIR H Q, 14 Satsang Vihar Marg, New Delhi-110 067) : Patent specification: engineering the technical output of novel invention. J Intellect Prop Right 2009, 14(5), 423-31.
The contents of a patent specification, also called as `the disclosure', are the `written description' of an invention. The layout of specification varies from place to place, however the essence of contents of specification is same throughout the world, because disclosure of specification is the basis to establish novelty and non obviousness of an invention which is essential to get grant of a patent. Moreover if any dispute arises, the Court of Law would settle the case based on contents of specification. Section 10 of Indian Patents (Amendment) Act, 2005 defines contents of specification; although it is not an exhaustive guideline to patent applicants, it gives an outline as to the layout of specification to express the technical output of invention into written description. Patent specification is equivalent to a scientific research article as both are written descriptions of inventions except the fact that patent specification is a techno legal document and the description of specification should establish novelty and non-obviousness of an invention. Therefore, as compared to scientific research article, description of patent specification is more comprehensive and requires some more elements to disclose invention. With the advent of Internet, granted patent specifications are available at free databases or websites of some Patent Offices. Patent statute and patent documents which are available on Internet provide vital guideline to transform novel invention into technical contents of patent specification. This article describes the statutes and the practice that may be regarded as guidelines to disclose an invention in a patent specification.
Bansal I S;Sahu D;Bakshi G;Singh S
000971 Bansal I S;Sahu D;Bakshi G;Singh S (Formulation & Research Facility, Sampann R&D, Panacea Biotec Ltd, Ambala - Chandigarh Highway, Lalru, Punjab-140 501) : Evergreening - a controversial issue in pharma pilieu. J Intellect Prop Right 2009, 14(4), 299-306.
A patent is an exclusive right awarded by the intellectual property (IP) authority of a state to an inventor or his assignee for a limited period of time in lieu of disclosure of an invention for the benefit of mankind. In recent times, it has become a practice by a number of innovator companies to extend the patent term of their innovative molecules to maintain market dominance. The extension of monopoly term 'Evergreening' is a predominant aspect of pharmaceutical patenting. 'Evergreening' refers to different ways wherein patent owners take undue advantage of the law and associated regulatory processes to extend their IP monopoly particularly over highly lucrative 'blockbuster' drugs by filing disguised/artful patents on an already patent-protected invention shortly before expiry of the 'parent' patent. These artful patents tend to protect delivery profiles, packaging, derivatives, and isomeric forms, mechanism of action, dosing regimen, and dosing range, and dosing route, different methods of treatment, combinations, screening methods, biological targets and field of use for the same old molecule. This provides the innovator companies sufficient time to recoup their controversially estimated R&D costs. Patent monopolies thus should be designed to function at an optimum level wherein maximum incentive is accorded to investment in research followed by simultaneous accessibility of the protected inventions to the public. The TRIPS compliance has compelled pharma industries of the developing countries to innovate in order to cater to the requirement of current and future drugs. This paper covers different aspects of 'evergreening', its impact in the pharma IP domain and identifies means adopted for limiting evergreening.
Aditya Kant
000970 Aditya Kant (NO, , New Delhi Chambers of Law, 1st Floor, 6, Babar Lane, Bengali Market, New Delhi-110 001) : Section 3(d): `new' Indian perspective. J Intellect Prop Right 2009, 14(5), 385-96.
Instead of the theoretical approach, this article attempts to visit the famed Section 3(d) of the Indian Patents Act from a practical viewpoint. Examining the relevance and actual working of this Section in the Indian context, this article not only emphasizes the need to retain it, albeit in a modified form, but it also attempts to strike a balance between the competing, and seemingly conflicting interests of various `interest groups' and their ideologies of various shades at different levels, viz. national v internationalism, under-developed/undeveloped/developing nations v developed nations, generics v innovators, Indian companies v MNCs, public interest v commercial interest, socialistic policies of a welfare state v capitalism, etc. While still advocating for its (modified) existence, this article does not restrict its advocacy to narrow traditional jingoism; rather, it urges the Indian stakeholders, especially the Indian companies and the Indian Government to use this nobly-intended provision as an `opportunity' to transform itself from the `inventing around' players to the `inventing' players, thereby enabling the nation as a whole to catapult itself into the big world pharmaceutical league. For the protection of incremental innovations, the author advocates enactment of a supplementary `petty' patent system.
Thomas Z
012909 Thomas Z (Open Source Drug Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Marg, New Delhi-110 001) : IP case law developments. J Intellect Prop Right 2009, 14(3), 247-57.
Attempts to summarize some of the recently reported cases on intellectual property law to enable readers to understand how the courts have applied the principles of intellectual property law to actual IP disputes. In this article, widely discussed cases on, trademark law, copyright law and patent law are covered.
Shukla N;Sangal T
012908 Shukla N;Sangal T (NO, Lex Orbis Intellectual Property Advocates and Solicitors, 709/710, Tolstoy House, Tolstoy Marg, New Delhi-110 001) : Generic drug industry in India: the counterfeit spin. J Intellect Prop Right 2009, 14(3), 236-40.
Generic drugs are marketed after the expiry of patent or marketing rights of the patented drug and are available at an affordable price. The generic drugs are also approved by the respective controlling authority of a country as innovative drugs with regard to efficacy, bioavailability, etc. However, recently World Health Organization (WHO) provided a definition for 'counterfeit drugs' which covered generic drugs under its warp. Considering the representation from India and other South East Asian nations, WHO has put defining counterfeit drugs on hold, while agreeing to modify the same in their favour. Analyses various aspects of generic and counterfeit drugs and the likely impact of the WHO definition on the Indian pharmaceutical industry. It also critically evaluates recent seizures of shipments of generic drugs by EU under a WTO TRIPS regime based on the premise of free trade.
Parvin M R
012907 Parvin M R (Intellectual Property Rights Dep, Agricultural Biotechnology Research Institute of Iran (ABRII), Seed and Plant Institute's Campus, Mahdasht Road, P O Box 31535-1897, Karaj, Iran) : Patentability of plants: technical and legal aspects. J Intellect Prop Right 2009, 14(3), 203-13.
According to Article 27.3(b) of the TRIPS Agreement, Members may exclude 'plants' from patentability, but they shall provide for the protection of 'plant varieties' either by patent or by an effective sui generis system or by any combination thereof. While this study focuses on the patentability of plants, alternative protection system (Breeder's right as a sui generis system) has not been ignored. There may be some overlap between these protection systems which need careful consideration. In view of the importance of the decision of countries to protect plant varieties, the study also gives an overview and assesses possibilities of the current patent laws and legal positions adopted by jurisprudence or doctrine particularly in the field of transgenic and hybrid plants.
Nanda N
012906 Nanda N (Centre for Global Agreements, Legislation and Trade, Resources and Glo, The Energy and Resources Institute (TERI), India Habitat Centre, New Delhi-110 003) : Diffusion of climate friendly technologies: can compulsory licensing help?. J Intellect Prop Right 2009, 14(3), 241-6.
Countries often resort to compulsory licensing to promote diffusion of technologies, particularly when intellectual property rights (IPR) holder is considered to have abused its dominant position. However, use of this instrument is often difficult due to legal, political and operational problems. In this context, this paper reviews global regimes as well as national regimes in major jurisdictions, governing use of compulsory licensing. It also examines functional requirements and market conditions for compulsory licensing to work. Based on these, it concludes that the global IPR regime under the WTO needs a mechanism similar to that has been developed for pharmaceutical products, and a more flexible regime even in that, as most countries do not have domestic manufacturing capabilities, if compulsory licensing has to work for the diffusion of climate friendly technologies. However, even such a flexible mechanism may not be adequately effective due to highly concentrated market structure of these technologies, particularly in developing countries.
Nair M D
012905 Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : TRIPS, WTO and IPR - debate on evergreening of patents and IPA 2005. J Intellect Prop Right 2009, 14(3), 258-9.
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 152 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all the member countries. Covers the debate on evergreening of patents and IPA 2005.
Liu W
012904 Liu W (Social Science Dep, Zhejiang Shuren University, No 19, Zhoushan East Road, Hangzhou-310 015) : Establishing a safeguard system for intellectual property protection for Chinese private enterprises. J Intellect Prop Right 2009, 14(3), 226-35.
Chinese private enterprises have created substantial wealth in the recent years; as a result, private sector has been an important component of Chinese economy. The expedited globalization and informationization presents some challenges to Chinese private enterprises in the regime of intellectual property (IP) protection and management. As for many commercial activities, such as foreign trade, investment, merger and acquisition, IP may be of central concern for all the participants; therefore, to some extent, IP is always regarded as a crucial matter to enterprises' survival and development. However, Chinese private enterprises seemly have not fully prepared for establishing a safeguard system for IP to date. This article first explores the problems and troubles that Chinese private enterprises have encountered in the regime of IP protection, which exist in legislation, enforcement, and enterprises' management systems. It also analyses the elements that impede the progress of upgrading IP protection system. Finally, it proposes some suggestions to help private enterprises improve their level of IP protection respectively, from the view of enterprises, IP agents, government and local authorities.
Bhat P I
012903 Bhat P I (Studies in Law Dep, University of Mysore, Manasagangotri, Mysore-570 006) : Role of collective bodies in protection of intellectual property rights in India. J Intellect Prop Right 2009, 14(3), 214-25.
The communitarian dimension of intellectual property rights (IPR) calls for use of collective effort of knowledge workers in the IPR enforcement and non-exploitation of IPR owners and consumers. Collective bodies (CBs), like copyright societies, patent pools, GI associations, etc. function as social economy entities in rendering the task cheap, effective and fair. The IPR, like farmers' rights, collective marks and geographical indications involve definite collective intellect that can be better protected by CBs. Indian profile about CBs needs to be strengthened for effective enforcement of IPR, fair resolution of community claims and advancement of knowledge. Indian law has some orientation against possible dominant position or abuse by CBs but needs clearer policies and mechanisms in order to suit the requirement of constitutional goals. Unless legal environment governing these CBs guides them in the path of good governance and fair consequence avoiding the exploitation of members and consumers, the interests of knowledge society would suffer. Examines the Indian IP law's policy on CBs' role in protection of IPR, their working and their impact. It inquires whether the legal regime is suitable to resolve the conflict of interests between different sections of the society and attain justice? Whether they have reliable democratic structure and policy thrust to ensure transparency and accountability? Whether the claims of members and society vis-…-vis the organization are adequately protected? The paper undertakes doctrinal legal research on the topic.
Thomas Z
010830 Thomas Z (NO, , U24 Hudco Place, New Delhi-110 049, Email: zthomas@piercelaw.edu) : IP case law developments. J Intellect Prop Right 2008, 13(1), 57-64.
Attempts to summarize some of the recently reported cases on intellectual property law to enable the readers to understand how the courts have applied the principles of intellectual property law to actual IP disputes. The cases are chosen from the cases reported in September and October 2007 issues of the Patents and Trade Marks Cases (PTC), a leading case law reporter on intellectual property laws.
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Saha S;Keshri S
010829 Saha S;Keshri S (NO, Hidayatullah National Law Univ, HNLU Bhavan, Civil Lines, Chattishgarh-492 001, Email: subhasis39@gmail.com) : Challenges to copyrightable work in cyberspace. J Intellect Prop Right 2008, 13(1), 35-42.
Copyright has a direct relation to the sphere of cyber space. The Internet poses a large number of problems in the area of copyright protection. These challenges and the problems posed before us have to be tackled with due care and diligence, taking into consideration the situation prevailing in the era of Napster and beyond. The paper discusses the (i) meaning of cyber space, and position of Internet related problem in India, (ii) basic challenges with respect to the intellectual property, (iii) position as to why copyright is ill-equipped to deal with Internet, along with the basic problems of copyright in regard to Internet which includes determination of public and private use and the enforcement of liability, (iv) The Indian scene in regard to jurisdiction in cyberspace and finally (v) the future of copyright.
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Pareek A;Singh S
010828 Pareek A;Singh S (NO, NALSAR Univ of Law, 3-4-761, Barkatpura, Hyderabad-500 027, Email: ashishpareek87@gmail.com) : Concept of obviousness: scenario post KSR international v teleflex inc. J Intellect Prop Right 2008, 13(1), 7-18.
'Non-obviousness' is a fundamental requirement of patentability under all patent jurisdictions across the globe. Maps the evolution of 'obviousness' as a concept under the US patent law. It then ventures into implications of the much awaited ruling of the US Supreme Court in KSR International Co v Teleflex Inc which has dynamized the known principles and the validity of pre-existing tests for the determination of 'non-obviousness' of patent claims. In US. the law was thought to have settled after Graham v John Deere but the Federal Circuit Court in the 1980s relied upon the TSM test which, although flayed by critics, made the entire process more certain, accurate and practically advantageous. The impetus of the paper is to make a case in favour of the TSM test, which the Court, however did not expressly reject, yet sidelined by showing its reluctance towards its application. The latest ruling of the Court reverts back to the Graham factors and further adds a number of abstract 'secondary considerations' like common sense, effects of the market demand, objective reach of the claim etc. which ask for overwide discretion and subjectivity in the process.
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Mittal R;Singh A
010827 Mittal R;Singh A (NO, National Law Institute Univ, Bhadbhada Road, Barkheri Kalan, Bhopal-462 003, Email: rajat.law@gmail.com) : Comparative advertising: an eye for an eye making the consumers blind. J Intellect Prop Right 2008, 13(1), 19-27.
Healthy competition has the effect of bringing development. However, it turns ugly when it leads to downfall. Comparative advertising when used with mala fide intention and rancor in the market would only bring down the good product so as to mislead the consumers into buying the wrong products. In India, comparative advertising is rampant, ironically, with utter consternation; one has to accede to the fact that its laws are very bleak and superficial in India. Throws light upon the legal structure of India with respect to comparative advertising. The article aspires for India's acknowledgement to its callosity regarding the legal backbone of comparative advertising. Accentuates upon what reforms need to be imbibed in the field of comparative advertising and over strides any other mundane article by elaborating upon what lessons can be learnt from other developed nations in order to see ourselves as the ruling market in the world.
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Mishra N
010826 Mishra N (NO, National Law School of India Univ, Nagarbhavi, Bangalore-560 072, Email: neha_mishra@nls.ac.in) : Registration of non-traditional trademarks. J Intellect Prop Right 2008, 13(1), 43-50.
Deals with the issue of registrability of various non-traditional trademarks. Non-traditional trademarks include Sound marks, odour marks, colour marks, shapes and taste marks. Examines the question of registrability of different types of non-traditional trademarks in different jurisdictions like US and EU by referring to landmark cases and provisions in their respective legislations. Some of the interesting cases that have been discussed include the Harley-Davison case, Sieckmann case, Shield Mark case, etc. Presently, there is no law governing non-traditional trademarks exclusively, in India. In the light of European Court of Justice (ECJ) jurisprudence and the law evolved by US courts, the author has tried to draw a picture of the future of non-traditional trademarks in India and analysed whether it could be registered or not. Reference is made to the prevailing Trademarks Act in India and the Rules framed under it. The paper also identifies reasons why non-traditional trademarks especially in case of unconventional sound marks, taste marks, odour marks, etc. might not get adequate acceptability as registered trademarks in the Indian Trademarks Registry Office.
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