Raju K D
011408 Raju K D (NO, Rajiv Gandhi School of Intelluctual Property Law, Indian Institute of , West Bengal-731 302, Email: rajukd@gmail.com) : Compulsory voluntary licensing: A legitimate way to enhance access to essential medicines in developing countries. J Intellect Prop Right 2017, 22(1), 23-31.
Compulsory licensing (CL) (the TRIPS language is that other use without the authorisation of the right holder, A.3) is provided under the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) regime under the World Trade Organization (WTO). Across the world, the CL on IPRs is granted on similar grounds like unreasonably exorbitant prices of a medicine; patent being not worked in the country; where substantial public interest is affected by the way in which IPR holder is exercising his rights etc. The Doha Declaration on Public Health provides special privileges for countries without manufacturing facilities. Presently, more and more multinational pharma companies are turned into strategic alliances with domestic companies for manufacturing patented drugs in order to avoid CL. For example, the Swiss drug maker Hoffman La Roche has entered into an agreement with Emacure Pharmaceuticals for locally manufacturing three patented cancer drugs in India. Strides Arcolab has entered into collaboration with US Pharma Gilead Sciences for manufacturing HIV/Drugs. The first CL case in India has compelled multinational pharmaceutical companies to change their strategy of strategic collaborations and technology transfers with domestic companies. It is argued that a threat of CL encourages parties for entering into voluntary licensing and it is economical and an alternative option (not exclusive) for developing countries in providing essential medicines to poor people.
2 table, 52 ref
Joshi O U;Roy A;Janodia M
011407 Joshi O U;Roy A;Janodia M (Intellectual Property Management Group, Lupin Limited, Lupin Research Park, Pune-411 042, Email: omkarjoshi@lupin.com) : Comparative quantitative analysis of supplementary protection certificates (SPCs) in Europe. J Intellect Prop Right 2017, 22(1), 16-22.
This article is an attempt to quantify and compare number of SPCs granted, filed and invalidated in five important European Countries UK, France, Germany, Italy and Spain. The data is collected for those patents having expiry in between 1 January 1995 till 31 December 2025. The article further focuses on recent case laws evolved in Europe and its impact on SPC filings. The analysis reveals that patentees are inclined to file more SPCs on product patents as lesser percentage of SPCs for product patent got invalidated. There is a decline in SPCs for patents on combination product. In contrast patents on composition seems to drive highest number of SPC applications as patent holders are trying to extend the life cycle of the product through follow on products, improved articles. It will be interesting to see how the trend of SPC filing will change in future after rise of Unitary Patents.
6 illus, 2 table, 18 ref
Jajpura L;Singh B;Nayak R
011406 Jajpura L;Singh B;Nayak R (Faculty of Engineering and Technology, BPS Mahila Vishwavidyalaya, Khanpur kalan, Sonipat-131 305, Email: lalitijapura@yahoo.com) : An introduction to intellectual property rights and their importance in Indian context. J Intellect Prop Right 2017, 22(1), 32-41.
The intellectual property rights (IPR) are intangible in nature and gives exclusive rights to inventor or creator for their valuable invention or creation. In present scenario of globalisation, IPR is the focal point in global trade practices and livelihood across the world. These rights boost the innovative environment by giving recognition and economic benefits to creator or inventor whereas the lack of IPR awareness and its ineffective implementation may hamper the economic, technical and societal developments of nation. Hence dissemination of IPR knowledge and its appropriate implementation is utmost requirement for any nation. The present paper highlights various terms of IPR such as patents, trademarks, industrial designs, geographic indications, copyright, etc with their corresponding rules, regulations, their need and role especially pertaining to Indian context. Further, status of India's participation in IPR related activities across the world has been discussed in brief.
1 table, 56 ref
Agarwal P
011405 Agarwal P (NO, National Univ of Singapore , Singapore-119 077, Email: pankhuri.nujs@gmail.com) : Impact of TPP on international, Regional and other plurilateral IP Norm setting. J Intellect Prop Right 2017, 22(1), 7-15.
In the wake of recent signing of the U.S. led Trans-Pacific Partnership Agreement (TPP) between twelve Pacific-Rim countries on 4 February 2016, need has arisen for analysing the impact of plurilateral intellectual property (IP) negotiations like TPP and Anti-Counterfeiting Trade Agreement (ACTA) as opposed to that of the multilateral IP negotiations at forums like World Trade Organization (WTO) and World Intellectual Property Organization (WIPO). The paper describes the meaning of multilateral and plurilateral agreements and the reasons for the shift from former to the latter. It then analyses the negatives and positives ofplurilateral agreements. Further, it provides a critical comparative analysis of some of the patent law provisions of the TPP and Agreement on Trade Related Aspects of Intellectual Property (TRIPS) to illustrate how the plurilateral IP agreements may take away the flexibilities that TRIPS allows to its members considering the different stages of development they are in and thereby adversely impact public interest. Lastly, the paper analyses the impact of the plurilateral negotiations, especially that of TPP, on multilateral, regional as well as other plurilateral IP-norm setting.
67 ref
Wilson N
008285 Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013) : Computer related inventions (CRIs) revisited by Indian patent officer - finalizing the CRI guidelines - third attempt. J Intellect Prop Right 2016, 21(2), 117-19.
The latest news in the Indian intellectual property scenario is on the changing stance of the Indian Patent Office on the patentability of Computer Related Inventions. The spotlight of March 2016 is on the new guidelines issued by the Indian Patent office for examination of the applications for patents related to inventions in the area of computers and software. Any comments or suggestions may be sent to IPneeti@outlook.com or neeti@anandandanand.com.
1 ref
Viswanath R
008284 Viswanath R (NO, National Law Institute Univ, Bhopal, Email: raghavi1995@gmail.com) : Demystifying the Indian FRAND regime: the interplay of competition and intellectual property. J Intellect Prop Right 2016, 21(2), 89-95.
FRAND-encumbered SEP-holders have increasingly been involved in legal battles, arising out of the existing ambiguities in the FRAND regime. This essay attempts to deconstruct the complexities of the FRAND system and evaluate its economic soundness. In the Indian context, the development of intellectual property rights law has been intricately linked to the political ideologies that inspire the incumbent governments. The essay seeks to relate the political motivations and the economic impact to achieve at a harmonious understanding of the current framework of FRAND licensing in India. In light of recent judicial developments, the growing convergence of competition law and patent law has been discussed, with particular emphasis on the competing jurisdictional claims. Undertaking a critical appraisal of the Indian model as it currently is, the essay suggests modifications to increase the suitability of the Indian economy while maintaining the balance between public policy and competitive markets.
41 ref
Sharma A
008283 Sharma A (SMAS Intellectual Properties, Prism Towers, Business Bay, Dubai-14159, United Arab Emirates, Email: asapoorvasharma2@gmail.com) : Investor-state dispute settlement mechanism and intellectual property matters. J Intellect Prop Right 2016, 21(2), 105-9.
The proposed IP and Investment Chapters in the Trans-Pacific Partnership Agreement (TPP) and the recent North American Free Trade Agreement (NAFTA) investor dispute notifications by Eli Lilly against Canada has initiated the discussion concerning the impact of introducing Intellectual Property Rights (IPR) in the purview of investment chapters of trade agreements. These provisions protect the investor's right to initiate dispute settlement proceedings against the foreign government under the international law by reasoning that the new law harms their present and future profits. However, on the other hand, it also undermines the ability of the national government to introduce domestic laws for the well being of its citizens, lest they be deemed as discriminatory by the foreign investors. In this paper, the effect of treating IP as an investment in the trade agreements and utilization of ISDS to resolve IP matters by way of analyzing the IPR cases will be examined that have been brought before the courts by the foreign investors in various countries.
13 ref
Mehrotra D;Sabitha S;Nagpal R;Mattas N
008282 Mehrotra D;Sabitha S;Nagpal R;Mattas N (Amity Univ, Sector 125, Noida, Uttar Pradesh-201 313, Email: saisabitha@gmail.com) : Landscape analysis of patent dataset. J Intellect Prop Right 2016, 21(4), 211-25.
With the advancement of technology in almost all sectors of industry and decreasing span of product, inventing new ideas are required for any industry. These ideas need to be properly guarded through patents to provide inventor due economical reward and right to control his creation. The patents are stored in large databases. The analysis of these databases will help to get an insight into the technology sector, competitor and chronological development in the field of technology. It also helps the inventor to understand how his invention can cater to the need of the current market, so that viable industry collaboration can be done. Landscape analysis of patent is done to get a comprehensive view about all these information. Various computational approaches are used to analyse the patent dataset. These approaches and their objectives are discussed in this literature. By converging all of them on a single platform will provide complete insight at a single point which will aid the inventor and business investor. In this research work an extensive literature on existing approaches is discussed. A framework for a landscape analysis is proposed along with tools and techniques that can be suitably used for a complete technological growth and patent data.
2 illus, 7 tables, 70 ref
Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R
008281 Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R (Transfer of Technology Div, Training and Production Economics, ICAR-Central Arid Zone Research Institute, Jodhpur, Rajathan-342 003, Email: manju4645@gmail.com) : New Indian seeds bill: stakeholders' policy advocacies to enact. J Intellect Prop Right 2016, 21(2), 73-88.
The new Seeds Bill was introduced in the parliament in 2004. The extent of dissent among various stakeholders is evident from the fact that the Bill is not enacted into an Act even ten years after its first introduction in the parliament. If Seeds Bill has to be passed into Seeds Act, it is imperative that contentious issues have to be amicably resolved and settled. Hence, it is important to understand the concerns and priorities of all those associated with Indian seed industry. In this context, this study was aimed at identifying the priorities of various stakeholders with respect to Indian seed legislation. The study was conducted in Andhra Pradesh (AP) and Bihar involving six sets of stakeholders: 240 farmers; and 30 respondents each from State Departments of Agriculture; Researchers form ICAR and SAU's; NGO's; Seed dealers and Private Seed Companies (PSCs). Total sample size for the study was 390. Farmers' expectations from the new Seeds Bill were to protect and uphold their traditional rights over seeds. This priority was implicit for farmers irrespective of their awareness and knowledge on laws that protected and upheld these rights such as PPVFRA 2001. Farmers' dependence on formal seed market and consequent demand for availability of quality seeds at affordable prices has increased. Government's focus on increasing Seed Replacement Rate must be preceded with strict quality control regime in production and distribution of certified/quality seeds. Farmers also demanded for strengthening and incentivizing informal seed production and distribution system which accounts for upto 80 per cent of seed distributed in the country. Speedy and efficient compensation mechanism needs policy attention. The priorities of NGOs and Agriculture Department Officials (ADOs) were similar to those of farmers. However, ADOs believed that strengthening of public sector seed R&D, production, certification, testing, quality control and distribution system was the most priority area. There is a great degree of agreement among farmers, NGOs, ADOs and researchers that State governments ought to be granted enough powers to regulate seed industry in their respective states including powers to regulate sale price of and trait fee over seeds, to pay compensation and to take strict punitive and accountability measures. Development of new cultivars and production and distribution of quality seed were the priorities of researchers. Seed dealers expressed that measures to strengthen market infrastructure and curbing market malpractices need utmost attention. PSCs' priorities were completely different and even conflicting with those of farmers and other stakeholders. Their concerns were deregulation of seed prices, liberalization of Indian seed sector including nil/least market intervention by government, access to germplasm available with public sector, PPP to market public-sector bred cultivars, self-certification of seed and single window mechanism to oversee the clearance of transgenic crops. When compared with farmers' priorities, the PSCs differed significantly on all twelve contentious issues; researchers and seed dealers on eight issues and ADOs on five issues. NGOs priorities were similar with those of farmers on eleven issues. Issues such as regulation of seed sale price and royalty fee, compensation mechanism, granting powers to State governments, strengthening public and informal seed systems are the common issues on which there is general agreement by all stakeholders except PSCs. These issues need to be addressed in the final draft of the bill before it is enacted into Seeds Act.
8 tables, 33 ref
Manap N A;Shapiee R B;Tehrani P M;bin Mohd. Shariff A A
008280 Manap N A;Shapiee R B;Tehrani P M;bin Mohd. Shariff A A (NO, National Univ, Malaysia, Bangi, Selangor, 43600, Email: pardismoslemzadeh@um.edu.my) : Protecting R&D inventions through intellectual property rights. J Intellect Prop Right 2016, 21(2), 110-16.
Intellectual property rights play an important role in socio-economic development. Countries attempt to have stronger IPR laws over their R&D outputs and other forms of technological development. The role of IPR is also significant in the protection of the results of research. Existing IPR tools which are devised by IPR experts at some level are difficult to use and handle. R&D outputs at national level can robust. This study elaborates on the need for intellectual property rights for R&D investors and the issues to be addressed in developing an appropriate IPR framework. For this purpose it will analyze the IPR provisions of the Horizon 2020 European Union Framework Programme for Research and Innovation and the various issues involved.
27 ref
Jui C W;Trappey A J C;Fu C C
008279 Jui C W;Trappey A J C;Fu C C (Institute of Nano Engineering and Micro Systems, National Tsing Hua Univ, Taiwan, Email: davidjui@itri.org.tw) : Method of claim-based technology analysis for strategic innovation management- using TPP-related patents as case examples. J Intellect Prop Right 2016, 21(4), 243-59.
Analysis of patents reveals trends in technology development in given domains, particularly for commercial adaptation concerning intellectual property (IP) protection. Such an approach allows enterprises to track IPs and evaluate their potential competitiveness vis-a-vis their competitors. Patent clustering is a core step of the entire patent analysis process for conducting technology analysis and can be utilized to group various patents into relatively consistent categories. Forecasting methods are used to develop optimal R&D strategies and anticipate potential outcomes. However, current clustering methods for such technology forecasting, based on general patent keywords or text mining have difficulty in carrying out categorization efficiently and precisely to provide decision makers with insights into technological trends. This research develops a new methodology of patent claim-based technology clustering to predict IP protected technology frontiers as the critical references for the strategic innovation planning. An in-depth patent analysis case study is conducted on two photon polymerization (TPP) technology to demonstrate the generalized methodology working in practice. With annotated elements in independent claims of patent documents, patentable features are identified for given patents. The patentable features to achieve the task of simplification have been highlighted. Afterward, patents are clustered in accordance to the identification of patentable features in the simplified sentences to provide the clusters with names and definitions. The proposed approach establishes a unique clustering principle so as to enhance the accuracy and credibility of patent analysis based on the legally protected patent claims. This approach provides insight into the landscape of future technological trends, particularly for TPP technologies.
15 illus, 7 tables, 28 ref
Gogoi J
008278 Gogoi J (Indian Law Institute, Bhagwandass Road, New Delhi, Email: jupi.gogoi.llm@gmail.com) : 'Judima' The traditional rice wine of dimasa community of Assam: A potential candidate for GI registration. J Intellect Prop Right 2016, 21(4), 238-42.
A geographical indication (GI) is also a tool to protect traditional knowledge (TK), and can promote the trade of TK based GI products. North East India is a hub of TK and traditional alcoholic beverages which constitute a popular TK amongst most tribes. The process of making such beverages and the ingredients used are different in different tribes. Amongst the Dimasa tribe in Assam, their popular alcoholic beverage is a traditional rice wine named Judima. This paper is a case study of Judima as a potential GI and includes step by step procedure for GI registration, the hurdles which might pose in the process and how it could be overcome. The paper also examines the prospects of socio economic upliftment of rural communities as a result of GI registration of their bio-cultural products.
16 ref
Dhankar D
008277 Dhankar D (NO, , Univ of New South Wales (Australia), Univ of Delhi, Email: divyaganadhankar@gmail.com) : Commercialisation and biopiracy of genetic resources in the 21st century: The imminent need for stronger regulation. J Intellect Prop Right 2016, 21(4), 193-210.
The commercialization of genetic resources (GRs) is a continuous and evolving process that promises high rewards to those engaged in it. In the 21st Century, GRs and their relevant technology are commercialised either through grant of monopoly rights ingrained in patents and plant variety certifications or through benefit sharing mechanisms. Despite ongoing palavers assuring the free and fair nature of the current Intellectual Property (IP) regime, problems associated with commercialization persist. The lack of interest by the international community to address issues of biopiracy create new forms of deficit causing the imbalance of sovereign powers between nations and bargaining powers between multinational companies and Indigenous communities. Despite the best efforts of the IGC to facilitate text based negotiations for the purpose of reaching an agreement on an international instrument that would provide effective and balances protection to GRs, Traditional Knowledge (TK) and Traditional Cultural Expressions (TCE), recent attempts to gain monopoly rights over inventions developed from misappropriating GRs and associated traditional knowledge (ATK) sheds light on the rampant misuse of the IP regime and the imminent need for the international community to address it. The objective of the paper is to provide fresh evidence that would facilitate the dialogue.
82 ref
Bortey H M;Mpanju F
008276 Bortey H M;Mpanju F (NO, CSIR-Crops Research Institute, Box 3785, Kumasi, Ghana, Email: hmireku@gmail.com) : Adoption of plant breeders' right system: perceived implication for food, seed security and sovereignty in Ghana. J Intellect Prop Right 2016, 21(2), 96-104.
This study assessed the level of awareness and knowledge among major stakeholders in the relevant sectors of agriculture on the Plant Breeders' Rights (PBRs) Bill of Ghana and review the potential implication of adopting the PBRs system on food and seed security in Ghana based on stakeholders' perception and case studies from other countries already implementing a PVP system. A field survey was conducted to administer questionnaires to participants comprising plant breeders, farmers, the general public, seed companies and Seed Producers Association, legal practitioners, National Research Institutions and the Registrar General's Department (proposed regulatory body). The second part of the study is a review of historical data on PBRs system impact studies in Kenya, Tanzania and South Africa. The primary data were analysed using mainly descriptive statistics, employing Statistical Package for Social Sciences (SPSS), while the secondary data was analysed, contextualized and narrated. The current study confirmed the proposition that lack of and inadequate awareness and knowledge of the PBRs Bill among stakeholders could have stalled the passage of the Bill. Majority of farmers (61%) were not aware of the existence of the PBRs Bill and as high as between 70-79% lacked knowledge or understanding of the basic provisions of the PBR Bill, including the "farmers' privilege" provision. Six out of ten (63%) farmers in Ghana continue to rely on their saved seeds, exchange or purchase from local grain markets for planting with only 12% purchasing seeds from Agro-dealer shops. The adoption of PBRs system in Ghana has the potential to improve the seed and food security system provided the recommendations offered by various stakeholders are thoughtfully considered.
6 illus, 3 tables, 25 ref
Bhagwat M;Kaushik G;Shivpuje V
008275 Bhagwat M;Kaushik G;Shivpuje V (Micro Labs Ltd, Saki Estate, Chandivali Road, Chandivali, Kurla(W), Mumbai-400 072, Email: mitali.bhagwat@gmail.com) : Second medical use patenting: A review of practices across different jurisdictions. J Intellect Prop Right 2016, 21(4), 260-4.
Dying new drug pipeline, increasing cost of new drug discovery and generic competition has brought back the focus on drug repurposing. The keen interest in second medical use of known drugs is a sign of trends in the pharmaceutical industry. However, the business potential of the new indication also depends on the availability of patent protection. This study provides a review of the patentability of second medical uses in various jurisdictions. The article reviews different types of claims that are granted by patent offices for second medical uses and the relevant legislations across different jurisdictions.
3 tables, 6 ref
Amaral C E;Forcellini F A
008274 Amaral C E;Forcellini F A (Federal Univ of Santa Catarina, R. Eng. Agronomico Andrei Cristian Ferreira, s/n-Trindade, Florianopolis- SC, 88040-900, Email: claiton.emilio@gmail.com ) : Patent development and filing in Brazil: Application of value stream mapping to optimize the patent generating process of a company. J Intellect Prop Right 2016, 21(4), 226-37.
In order to meet their growing needs to remain competitive by constantly introducing innovative products and/or services, companies today face challenges in their administrative process that originally were not designed to handle the significant increase in the flow of information. In the innovation cycle only a structured process is not enough. However, the organization must have agility and efficiency. This paper reports an analysis of the Patent Application Filing Process (PAFP) of the Brazilian subsidiary of a multinational company, which is the world leader in the manufacturing of home appliances that for strategic reasons needs to expand its patent portfolio. This study, supported by the value stream mapping (VSM) tool, aimed to identify opportunities to improve the flow and the quality of information, as well as optimization of human and technological resources to reduce their cycle time. As a result of implementing the proposed actions for eliminating waste identified, approximately 45% reduction in the cycle-time of the patent application filing process has been achieved and thereby increases in the number of patent applications filed without the need for additional human and technological resources.
6 illus, 2 tables, 34 ref
Venkatesh P;Sekar I;Jha G K;Singh P; Sangeetha V;Pal S
005177 Venkatesh P;Sekar I;Jha G K;Singh P; Sangeetha V;Pal S (Agricultural Economics Div, ICAR-Indian Agricultural Research Institute, Pusa Campus, New Delhi-110 012, Email: venkatesh1998@gmail.com) : How do the stakeholders perceive plant variety protection in Indian seed sector?. Curr Sci 2016, 110(12), 2239-44.
Creativity and innovation are important factors for sustainable agricultural growth. Intellectual property rights (IPR) is the key driver of innovation. However, many argue against this view, as it wuld benefit only a certain section in a country. The present study analyses the perception of stakeholders on Indian IPR system for plant varieties. A perception survey was conducted among various stakeholders of the seed industry across the country during 2011-12. Contrary to the view that IPR plays no role in innovation, this study finds a positive perception of majority of stakeholders on plant variety protection (PVP), while highlighting the hits and misses of Indian PVP.
1 illus, 4 tables, 24 ref
Singh V;Chakraborty K;Vincent L
022201 Singh V;Chakraborty K;Vincent L (Intellectual Property and Technology Management Unit, ICAR, New Delhi-110 012, Email: kmnmvs@gmail.com) : Patent database: Their importance in prior art documentation and patent search. J Intellect Prop Right 2016, 21(1), 42-56.
In knowledge based economies the nation's economic status depends on the production, distribution and use of knowledge and information. The recent trend in the economic growth of nations is mainly determined by innovative technological know-how of the individuals. Intellectual property has gained attention in this era of knowledge. The vast amount of data generated through the application of intellectual assets is managed with the help of various in- silico tools. In recent days, the patent databases have gained importance due to the detailed information available on the granted patent and other details, such as, legal status of the patent applications, which are not available through any other literature search. This review paper attempts to describe different types of patent databases available, their unique features, strengths, weakness and their major purpose. This paper details the information on how to access a patent database, the relevance of patent information obtained from these databases in prior art search, patent analysis, and the drawbacks present in these patent databases.
1 illus, 1 table, 32 ref
Kochhar S
022200 Kochhar S (NO, , 144, Millennium Apartments, Sector 18, Block C, Rohini, New Delhi-110 089, Email: kochhar.sudhir@gmail.com) : Indian perspective for sustainable development agenda and functional IPR and ABS domains in agriculture. J Intellect Prop Right 2016, 21(1), 7-15.
The institutional arrangement for International agriculture trade and trans-boundary access to Indian biodiversity and genetic resources is broadly supportive of both development and sustainability. However, some researchers have questioned the effectiveness of such implementation. The country with regard to sustainable development is committed to enhance farm productivity, better connect to markets, and make farmers less vulnerable to environmental vagaries through enhanced safeguards such as renewed agricultural insurance schemes. Global inter-dependence on genetic resources for food and agriculture will continue to hold the key to achieve the SDGs by 2030. The Section 3 exemptions from patentability under the Indian Patent Law affect R&D in agriculture sector as much as in the pharmaceutical sector but protection of new transgenic varieties and essentially derived varieties is a viable option for promoting exclusive seed business. Innovators in plant biotechnology will have the opportunity to innovate de novo business strategies to license their proprietary products in Indian market while also simultaneously safeguarding the interests of smallholder farmers. Long term interests of sustainability and development through agriculture may be better safeguarded by quickly resolving ABS related issues, for example, 'recognising the legitimate access to indigenous germplasm already held by private seed R&D companies in India prior to enactment of the Biological Diversity Act, 2002'; demanding regular updates on the status of licensing/cross licensing of varieties protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001to ensure their wider availability in the seed value chains as well as harmonise with ABS paradigm, and scaling up the commercial potentials of farmers' varieties registered under the Act to benefit the farmer breeders. Development of IPR and ABS compatible agro-business environment would eventually contribute towards achieving the sustainable development goals.
1 illus, 3 tables, 29 ref
Jain B
022199 Jain B (NO, SKS Law Associates, F-40, UGF, 1st Floor, Kalkaji, New Delhi-110 019, Email: bharti@skslaw.org) : Impact of granting data exclusivity in agro-chemical sector. J Intellect Prop Right 2016, 21(1), 38-41.
The issue of data exclusivity in India has reignited in context of an alert in early 2015 by the Secretary General of Indian Pharmaceutical Alliance about proposed amendment in Pesticides (Amendment) Bill (IPA, 2015). The proposed amendment is to introduce data exclusivity for a period of five years. It is a general perception that such amendment is TRIPS- Plus and would eliminate competition and create monopolies for agro-chemical and pesticides, thereby escalating their prices. Therefore, it becomes pertinent to analyze data exclusivity in view of the TRIPS Article 39.3 and its impact on the accessibility, availability and affordability of agro-chemicals. In context of the proposed amendments, it becomes relevant to understand the issue of data exclusivity and its impact on the agro-chemical industry in India. Also, the issues which could be faced by various stakeholders and public in general in case the data exclusivity is granted are highlighted.
1 table, 3 ref
Han J;Lee H J
022198 Han J;Lee H J (Graduate School of Smart City Science Management Hongik Univ, Room 306-2, Sejong-ro Sejong city, Korea, Email: hjh0037@hongik.ac.kr) : Study on patent trust system in Korea. J Intellect Prop Right 2016, 21(1), 27-37.
With the importance of intellectual property rights, utilization of IP is the key strategy at both firm level and national level. Patent trust system is the system to manage and utilize the intellectual property rights produced by public sector in Korea. In this study, patent trust system and its contribution to vitalize intellectual property right minimizing unused patents is being analysed. In order to fulfill research aims, the numerous Acts and Regulations including both domestics and foreign were used. From the findings, this study suggests that the top priority in revitalization of patent trust system should be the procurement of excellent patent. The trust agencies must procure patents that consumer corporations need. The second concern is the introduction of a patent royalty trust and insurance system. Also, patent portfolio auction needs to be introduced. Finally, patent portfolio auction needs to be introduced for vitalization of patent trust system in Korea.
1 illus, 1 table, 15 ref
Cook T
022197 Cook T (Wilmer Cutler Pickering Hale & Dorr LLP, 7 World Trade Centre, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : New European Union Trade mark regime and the institutionalisation within it of the co-existence of National and European Union Trade mark rights. J Intellect Prop Right 2016, 21(1), 57-61.
The long awaited revision to the EU Trade Mark Regime, consisting of a regulation that amends the existing one on the Community Trade Mark (to be renamed the European Union Trade Mark), and a new Directive to replace the one that harmonises the trade mark laws of EU Member States, completed its legislative passage on 16 December 2015, and will enter into force in stages from March 2016. In part the revisions that the two measures effect to the existing EU trade mark regime reflect or respond to the interpretations placed on the earlier legal framework by the Court of Justice of the EU. In other respects such amendments are aimed at further harmonising the national regimes and at more closely aligning the national and EU ones. Notably however the new regimeretains, and indeed institutionalises, the co-existence between registered trademarks at EU level and at national level. In addition to discussing some of the changes effected by the new regime this article reviews certain aspects of such co-existence, and provides examples from recent case law as to when registered trade marks at a national level can provide benefits as against those at an EU level.
13 ref
Arora S;Chaturvedi R
022196 Arora S;Chaturvedi R (Cluster Innovation Centre, Univ of Delhi (North Campus), New Dehi-110 007, Email: drrekhachat@gmail.com) : Section 3(d): Implications and key concerns for pharmaceutical sector. J Intellect Prop Right 2016, 21(1), 16-26.
TRIPS has granted certain flexibilities to the member nations in framing their Patent Laws considering their social and economic needs. Flexibility provided in TRIPS has been utilized by member countries as a safeguard to mitigate the potential adverse effects that drug patents might have on medicine supply. A clause - Section 3(d) - has been redesigned in the Indian patent legislation to restrain the ever-greening of drug patents. Section 3(d) of the Indian Patents Act allows patents on variants of only those chemical compounds that show significant enhancement in therapeutic efficacy. The revised Section 3(d) is deterrent against ever-greening of patent and subsequent monopoly of the multinational drug corporations. Since its introduction, it has been widely discussed for not supporting innovation. The multi-national pharma companies (MNCs) and the US-India Business Council (USIBC) have suggested in their report for elimination of Section 3(d) so that drug patents can be granted in India for incremental improvement and modification. As per US 301 report, India is listed among countries with inadequate IP regime. Keeping all these aspects into consideration, this paper discusses various issues and key concerns pertaining to impact of Section 3(d) with special emphasis to its interpretation.
1 illus, 1 table, 51 ref
Wilson N
021171 Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013) : Computer related inventions (CRIs) revisited by Indian patent office- Finalizing the CRI guidelines- Third attempt. J Intellect Prop Right 2016, 21(2), 117-9.
The latest news in the Indian intellectual property scenario is on the changing stance of the Indian Patent Office on the patentability of Computer Related Inventions. The spotlight of March 2016 is on the new guidelines issued by the Indian Patent office for examination of the applications for patents related to inventions in the area of computers and software. Any comments or suggestions may be sent to IPneeti@outlook.com or neeti@anandandanand.com.
1 ref
Viswanath R
021170 Viswanath R (NO, National Law Institute Univ, Bhopal, Email: raghavi1995@gmail.com) : Demystifying the Indian FRAND regime: The interplay of competition and intellectual property. J Intellect Prop Right 2016, 21(2), 89-95.
FRAND-encumbered SEP-holders have increasingly been involved in legal battles, arising out of the existing ambiguities in the FRAND regime. This essay attempts to deconstruct the complexities of the FRAND system and evaluate its economic soundness. In the Indian context, the development of intellectual property rights law has been intricately linked to the political ideologies that inspire the incumbent governments. The essay seeks to relate the political motivations and the economic impact to achieve at a harmonious understanding of the current framework of FRAND licensing in India. In light of recent judicial developments, the growing convergence of competition law and patent law has been discussed, with particular emphasis on the competing jurisdictional claims. Undertaking a critical appraisal of the Indian model as it currently is, the essay suggests modifications to increase the suitability of the Indian economy while maintaining the balance between public policy and competitive markets.
41 ref
Sharma A
021169 Sharma A (SMAS Intellectual Properties, Prism Towers, Business Bay, Dubai-14159, United Arab Emirates, Email: asapoorvasharma2@gmail.com) : Investor-state dispute settlement mechanism and intellectual property matters. J Intellect Prop Right 2016, 21(2), 105-9.
The proposed IP and Investment Chapters in the Trans-Pacific Partnership Agreement (TPP) and the recent North American Free Trade Agreement (NAFTA) investor dispute notifications by Eli Lilly against Canada has initiated the discussion concerning the impact of introducing Intellectual Property Rights (IPR) in the purview of investment chapters of trade agreements. These provisions protect the investor's right to initiate dispute settlement proceedings against the foreign government under the international law by reasoning that the new law harms their present and future profits. However, on the other hand, it also undermines the ability of the national government to introduce domestic laws for the well being of its citizens, lest they be deemed as discriminatory by the foreign investors. In this paper, the effect of treating IP as an investment in the trade agreements and utilization of ISDS to resolve IP matters by way of analyzing the IPR cases will be examined that have been brought before the courts by the foreign investors in various countries.
13 ref
Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R
021168 Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R (Transfer of Technology Div, Training and Production Economics, ICAR-Central Arid Zone Research Ins, Jodhpur, Rajasthan-342 003, Email: manju4645@gmail.com) : New Indian seeds bill: Stakeholders' policy advocacies to enact. J Intellect Prop Right 2016, 21(2), 73-88.
The new Seeds Bill was introduced in the parliament in 2004. The extent of dissent among various stakeholders is evident from the fact that the Bill is not enacted into an Act even ten years after its first introduction in the parliament. If Seeds Bill has to be passed into Seeds Act, it is imperative that contentious issues have to be amicably resolved and settled. Hence, it is important to understand the concerns and priorities of all those associated with Indian seed industry. In this context, this study was aimed at identifying the priorities of various stakeholders with respect to Indian seed legislation. The study was conducted in Andhra Pradesh (AP) and Bihar involving six sets of stakeholders: 240 farmers; and 30 respondents each from State Departments of Agriculture; Researchers form ICAR and SAU's; NGO's; Seed dealers and Private Seed Companies (PSCs). Total sample size for the study was 390. Farmers' expectations from the new Seeds Bill were to protect and uphold their traditional rights over seeds. This priority was implicit for farmers irrespective of their awareness and knowledge on laws that protected and upheld these rights such as PPVFRA 2001. Farmers' dependence on formal seed market and consequent demand for availability of quality seeds at affordable prices has increased. Government's focus on increasing Seed Replacement Rate must be preceded with strict quality control regime in production and distribution of certified/quality seeds. Farmers also demanded for strengthening and incentivizing informal seed production and distribution system which accounts for upto 80 per cent of seed distributed in the country. Speedy and efficient compensation mechanism needs policy attention. The priorities of NGOs and Agriculture Department Officials (ADOs) were similar to those of farmers. However, ADOs believed that strengthening of public sector seed R&D, production, certification, testing, quality control and distribution system was the most priority area. There is a great degree of agreement among farmers, NGOs, ADOs and researchers that State governments ought to be granted enough powers to regulate seed industry in their respective states including powers to regulate sale price of and trait fee over seeds, to pay compensation and to take strict punitive and accountability measures. Development of new cultivars and production and distribution of quality seed were the priorities of researchers. Seed dealers expressed that measures to strengthen market infrastructure and curbing market malpractices need utmost attention. PSCs' priorities were completely different and even conflicting with those of farmers and other stakeholders. Their concerns were deregulation of seed prices, liberalization of Indian seed sector including nil/least market intervention by government, access to germplasm available with public sector, PPP to market public-sector bred cultivars, self-certification of seed and single window mechanism to oversee the clearance of transgenic crops. When compared with farmers' priorities, the PSCs differed significantly on all twelve contentious issues; researchers and seed dealers on eight issues and ADOs on five issues. NGOs priorities were similar with those of farmers on eleven issues. Issues such as regulation of seed sale price and royalty fee, compensation mechanism, granting powers to State governments, strengthening public and informal seed systems are the common issues on which there is general agreement by all stakeholders except PSCs. These issues need to be addressed in the final draft of the bill before it is enacted into Seeds Act.
8 tables, 33 ref
Manap N A;Shapiee R B;Tehrani P M;Shariff A A B M
021167 Manap N A;Shapiee R B;Tehrani P M;Shariff A A B M (NO, National Univ Malaysia, Bangi, Selangor-43600, Email: pardismoslemzadeh@um.edu.my) : Protecting R&D inventions through intellectual property rights. J Intellect Prop Right 2016, 21(2), 110-6.
Intellectual property rights play an important role in socio-economic development. Countries attempt to have stronger IPR laws over their R&D outputs and other forms of technological development. The role of IPR is also significant in the protection of the results of research. Existing IPR tools which are devised by IPR experts at some level are difficult to use and handle. R&D outputs at national level can robust. This study elaborates on the need for intellectual property rights for R&D investors and the issues to be addressed in developing an appropriate IPR framework. For this purpose it will analyze the IPR provisions of the Horizon 2020 European Union Framework Programme for Research and Innovation and the various issues involved.
27 ref
Bortey H M;Mpanju F
021166 Bortey H M;Mpanju F (NO, CSIR- Crops Research Institute, Box 3785, Kumasi, Ghana, Email: hmirekeu@gmail.com) : Adoption of plant breeders' rights system: Perceived implication for food, seed security and sovereignty in Ghana. J Intellect Prop Right 2016, 21(2), 96-104.
This study assessed the level of awareness and knowledge among major stakeholders in the relevant sectors of agriculture on the Plant Breeders' Rights (PBRs) Bill of Ghana and review the potential implication of adopting the PBRs system on food and seed security in Ghana based on stakeholders' perception and case studies from other countries already implementing a PVP system. A field survey was conducted to administer questionnaires to participants comprising plant breeders, farmers, the general public, seed companies and Seed Producers Association, legal practitioners, National Research Institutions and the Registrar General's Department (proposed regulatory body). The second part of the study is a review of historical data on PBRs system impact studies in Kenya, Tanzania and South Africa. The primary data were analysed using mainly descriptive statistics, employing Statistical Package for Social Sciences (SPSS), while the secondary data was analysed, contextualized and narrated. The current study confirmed the proposition that lack of and inadequate awareness and knowledge of the PBRs Bill among stakeholders could have stalled the passage of the Bill. Majority of farmers (61%) were not aware of the existence of the PBRs Bill and as high as between 70-79% lacked knowledge or understanding of the basic provisions of the PBR Bill, including the "farmers' privilege" provision. Six out of ten (63%) farmers in Ghana continue to rely on their saved seeds, exchange or purchase from local grain markets for planting with only 12% purchasing seeds from Agro-dealer shops. The adoption of PBRs system in Ghana has the potential to improve the seed and food security system provided the recommendations offered by various stakeholders are thoughtfully considered.
6 illus, 4 tables, 25 ref
Saberwal G
018110 Saberwal G (NO, Institute of Bioinformatics and Applied Biotechnology, Biotech Park, Electronics City Phase 1, Bengaluru-560 100, Email: gayatri@ibab.ac.in) : India's intellectual property-based biomedical start-ups. Curr Sci 2016, 110(2), 167-71.
50 questions were posed each to the founders of 50 young Indian biomedical firms that were less than 5 years old. The questions were on the following themes: the backgrounds of the founders and their employees, the area of work of the company, its location and incubation experience, its funding and expenditure, its IP and licensing, its clients, and its risks and challenges. Several are doing pioneering work and the overall picture is impressive. The country should become a source of appropriate, high quality and affordable biomedical products and services in a few years.
4 tables, 9 ref
Zhang H;Yang X
013022 Zhang H;Yang X (School of Management, Tianjin Univ, Tianjin-300 072, PR China, Email: 751182715@qq.com) : Appropriate patent protection for industries at different levels of technology: evidence from China. J Intellect Prop Right 2015, 20(5), 330-8.
Patent protection plays a crucial role in innovation and economic growth. This paper investigates the relationship between patent protection and economic growth from the perspective of industry. Using a panel data of 37 industries, it is found that the impact of patent protection on innovation is significant in different industries. However, the influence is varied by the level of technology of the industry. Further, patent protection inhibits different industries' economic growth of China. The effect decreases with the increase of the technology level of the industry. The results of this study enrich IPR theories and provide some implications for policy making.
4 tables, 31 ref
Wilson N
013021 Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013) : New draft patent (Amendment) rules 2015 impact of court orders at the Indian patent office. J Intellect Prop Right 2015, 20(6), 411-12.
Indian intellectual property scenario is developing at a very fast rate in India and one finds some or the other newspaper headline related to the same. This section is devoted to presenting the current Indian IP news in the limelight to keep the readers abreast of the latest trends. The spotlight for November 2015 is the draft Patent Amendment Rules proposed to expedite examination of patent applications and as directed by the courts and also several other procedural changes. Any comments or suggestions may be sent to IPneeti@outlook.com or neeti@anandandanand.com.
2 ref
Mysore S
013020 Mysore S (NO, Indian Institute of Horticulture Research, Hessaraghatta, Bengalore-560 089, Email: sudham@iihr.ernet.in) : Technology commercialization through licensing: experiences and lessons- A case study from Indian horticulture sector. J Intellect Prop Right 2015, 20(6), 363-74.
Innovative technical knowledge has been accepted globally as the most critical input for crop productivity enhancement. Protecting such technical innovative knowledge through intellectual property protection and commercialization through licensing are main components of development agenda recognized world over. With the commercialization of agricultural sector, the role of private sector in agriculture is growing worldwide. In this changing environment, the governments around the world are developing and adapting new policies and laws that promote and foster public private partnerships. In most emerging economies, where public sector still remains the dominant source of technologies in agriculture, often are constrained by lack of adequate infrastructure and finance for scaling up and commercialization of such technical knowhow. With globalization, a visible shift is emerging in middle and low income economies towards innovation, technology transfer and commercialization, emulating the experiences of developed countries. While policy emulation is well accepted, it is not certain that what works for one country would also work elsewhere. Following the rich experiences of the Bayh-Dole Act of the United States, a number of emerging economies have modified their policy frameworks in anticipation of developing an effective technology transfer and innovation strategy. This paper reviews the experiences of technology transfer and commercialization processes in Brazil, China and Chile with reference to technology policy, patenting, technology transfer, and commercialization efforts and compares them with the efforts made by Indian agriculture. The paper further details the technology commercialization efforts put forth under the Indian conditions taking the case of a research institute under the horticulture sector. Results indicated increased number of technology transfers between public to public and public to private sector, increased number of patents filed. The primary objective of the paper is also to highlight the unique experiences and lessons in the process of commercialization that needs critical examination. While technology commercialization through licensing increased awareness among scientists towards IPR related activities like patent filing, enhanced visibility of the institute's products, better valuation of the technologies, and increased interest towards horticulture based entrepreneurship development. The linkage between institute and other horticultural departments appeared to have got strengthened, while scientists and licensees collating to enhance their business prospects was also observed, suggesting the need for evolving a full proof system of technology transfer and commercialization.
25 ref
Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R
013019 Manjunatha B L;Rao D U M;Dastagiri M B; Sharma J P;Roy Burman R (Transfer of Technology Div, Training and Production Economics, ICAR-Central Arid Zone Research Ins, Jodhpur, Rajasthan-342 003, Email: manju4645@gmail.com) : Need for government intervention in regulating seed sale price and trait fee: a case of Bt cotton. J Intellect Prop Right 2015, 20(6), 375-87.
Seeds Bill 2004 is not yet enacted (into an Act), even ten years after its first introduction in the parliament. This study was aimed at finding the opinion of various stakeholders on three most contentious issues which have stalled the bill, viz., regulation of sale price of seed, regulation of trait/royalty fee and granting state governments the powers to regulate seed prices. The study was conducted in Andhra Pradesh (AP) and Bihar states covering 240 farmers and 30 respondents each from researchers, Agriculture Department Officials (ADOs), Civil Society Organizations (CSOs), Private Seed Companies (PSCs) and seed dealers with a total sample size of 390. The farmers, CSOs, ADOs, researchers and seed dealers strongly demanded for regulation of retail price and trait/royalty fee over seeds by state governments, especially in case of hybrids and proprietary technologies such as Bt cotton. PSCs held a view that only market forces (demand and supply of seeds) and farmers' preferences should determine the sale price of seed. However, market forces did not operate in case of Bt cotton seed market because of monopoly market conditions. All the Bt cotton cultivars approved for commercial cultivation were hybrids developed by PSCs. Out of all the Bt. cotton cultivars in market, 88% of them have been developed using two genes patented by Mahyco-Monsanto Biotech (MMB). PSCs charged royalty fee as high as 67 per cent of retail price of Bt cotton seeds until government intervention. The monopoly of MMB was attributed to economic and legal barriers for competitors and deliberate action of misinformation on legal patent rights. Farmers had no choice of non-Bt cotton hybrids or traditional varieties. Based on the study, it is suggested that regulation of retail price and trait/royalty fee of seed is scientific under monopoly market conditions for proprietary technologies involving royalty component.
7 tables, 16 ref
Malwadkar P S;Pande M
013018 Malwadkar P S;Pande M (NO, CSIR-Unit for Research and Development of Information Products, Pune, Email: prafulla@urdip.res.in) : Patents filed in India in mechanical engineering sector. J Intellect Prop Right 2015, 20(5), 305-19.
In the present study, an attempt has been made to identify the trends of patenting activity in mechanical engineering in India using data from value added databases. It is a first time full data compilation of patent filing and granted data at Indian Patent Office from year 1961 and patent filing data in the different areas of inventions from 1986. Further for this study a separate search was conducted using patent information databases with focus (IPC based) on mechanical engineering sector to understand and identify the companies working in this area. More than 10,000 patent applications and grants exclusively related to mechanical engineering have been considered for analysis. The study indicates focus of research of different organizations/industries in specific areas of mechanical engineering, R&D collaboration between the companies. The paper also addresses various trends and discusses the R&D partnership observed in Indian organizations and foreign organizations. The study further highlights the important directions for future path of R&D.
11 illus, 10 tables, 55 ref
Lertdhamtewe P
013017 Lertdhamtewe P (Graduate School, Bangkok Univ, Rama IV Bangkok-10110, Thailand, Email: p.lertdhamtewe@gmail.com) : Reinventing Thailand's plant protection regine. J Intellect Prop Right 2015, 20(5), 320-9.
Thailand's plant protection regime presents a unique sui generis plant protection system. The current Thai Plant Variety Protection (PVP) law has attracted some criticism, and whether or not farmers and breeders actually benefit from the system is in doubt. Thailand can provide a more coherent framework for PVP by carefully calibrating the PVP provisions and establishing a coherent set of rules in the form of a new legislative framework. The proposed regulatory reforms suggest that Thailand's PVP provisions should be amended in three major areas, including (1) provisions for the rights of farmers and local societies, (2) legal protection for plant breeders' rights, and (3) institutional apparatus governing plant protection issues in Thailand.
66 ref
Lenin B K;Rohatgi H
013016 Lenin B K;Rohatgi H (NO, IIT Kharagpur, Kharagpur, West Bengal-721 302, Email: harsharohatgi@gmail.com) : Exceptions and limitation of patent rights and its enforcement in India. J Intellect Prop Right 2015, 20(5), 297-304.
Patent holder enjoys a bundle of exclusive rights given as an incentive for the investment in innovative activities and for the dissemination of knowledge to public. However, these rights are not perpetual and can be revoked in exceptional circumstances to balance the interests of the patent holders with those of others; there are various exceptions and limitations to these rights. Such exceptions are experimental or research use; use on foreign vessels; obtaining regulatory approval from authorities; exhaustion of patent rights and parallel imports; compulsory licensing and use or acquisition of inventions by government. Even though there are exceptions and limitations, yet the term to hold a patent remained unaltered. The current paper attempts to consolidate all the exceptions and evaluate the effects of these exceptions on the monopoly rights of a patent holder.
58 ref
Kumar V;Sinha K
013015 Kumar V;Sinha K (Centre for Studies in Science, Techonology and Innovation Policy, School of Social Sciences, Central, Sector-30, Gandhinagar, Email: vikas.kumar89@live.com) : Status and challenges of intellectual property rights in agriculture innovation in India. J Intellect Prop Right 2015, 20(5), 288-96.
The present study is an attempt to analyse the overview and impact of intellectual property rights (IPRs) on agricultural innovation in India. This paper examines the patenting activity to identify current innovations in crop farming in India. In the case of granted patents, majority of the patents belong to the area of plant growth. It explores the specificities of patent portfolios and its scope of future innovations in the agriculture engineering sector. But there are still unanswered questions about whether emerging and evolving IPR regimes in developing countries will contribute to enhance agricultural productivity. This paper attempts to answer some of these questions by tracing the effects of IPRs on private investment in crop genetic improvement and in turn, on agricultural productivity. However, the research looks at the prospect of India as a developing country to boost its current intellectual property (IP) framework and legislation in order to develop its agricultural technology. Hence, it focuses on whether there is a single system as a model of IP regime to enhance agriculture production in India. The research is based on secondary data.
2 illus, 4 tables, 18 ref
Kaur A;Charurvedi R
013014 Kaur A;Charurvedi R (Cluster Innovation Centre, Univ of Delhi (North Campus), New Delhi-110 007, Email: drrekhachat@gmail.com) : Compulsory licensing of drugs and pharmaceuticals: issues and dilemma. J Intellect Prop Right 2015, 20(5), 279-87.
Patent is a significant subject matter since it provides monopoly to the inventor over his invention and restrict others to use the invention as it gives exclusive right to the patentee. The monopoly can cause rise in the cost of goods and services as the patentee holds the complete right to decide the price of his invention. This can pose a problem to the developing countries as they do not have many resources or funds to buy such costly patented products especially drugs and medicines. TRIPS Agreement in 1995 provided the provision of compulsory license under Section 31, which supports granting of right to manufacture the patented product by the government or a third party authorized by the government without the consent of the inventor. Later, Doha Declaration also supported TRIPS not only in granting compulsory license but also to import the patented drug by the countries which are in great need of that drug but are unable to manufacture it. This article discusses about the need of compulsory license and how various countries are exploring this provision and various issues related to compulsory license of drugs and pharmaceuticals along with the positive contribution of compulsory licensing in providing the access of the life-saving drugs whenever required by the public.
1 table, 43 ref
Chakraverty P
013013 Chakraverty P (NO, , Jindal Global Law School, OP Jindal Global Univ, Email: prateekchakravert9@gmail.com) : Effective applicability of section 65A and 65B of copyright (Amendment) act, 2012 using case study of digital watermarks. J Intellect Prop Right 2015, 20(6), 388-97.
With increasing utilization of Technological Protection Measures (TPMs) to protect digital copyrighted works, legislative changes to counter their misuse become necessary. With this objective, Sections 65A and 65B of the Indian Copyright (Amendment) Act 2012 were introduced. Section 65A delineates the Anti-Circumvention Law for effective TPMs while Section 65B protects the associated Rights Management Information. Several digital watermarking techniques are widely used for different kinds of protection to digital images, video, audio, databases, websites and e-books. The "effectiveness" of digital watermarks is prone to subjective assessment, not only because of their sheer variety in types, techniques and applications but also due to rapid technological advancements that continuously reshape the standard of "effectiveness". Given this malleability, a case-case analysis of "effectiveness" may involve expert technical knowledge that is beyond legalese, thereby inviting miscalculation in justice due to subjectivity. In this paper, the scope and remedies for effective legal applicability of the aforementioned provisions in the light of certain grey areas are discussed. These include lack of a specific standard of "effectiveness" and invitation of corresponding technical excesses, skewed quantum of punishment, and the need to bring into ambit certain transformations that can lead to infringement without violating existing laws.
77 ref
Burhan M;Jain S K
013012 Burhan M;Jain S K (NO, FORE School of Management, New Delhi, India-110 016, Email: muqbil.burhan@dmsiitd.org) : Management of intellectual property and technology transfer by public funded research organizations in India: a case of CSIR. J Intellect Prop Right 2015, 20(6), 398-410.
This study analyses the patents filed and technologies licensed by network of Indian laboratories under world's one of the largest Public Funded Research Organization (PFRO) - Council of Scientific & Industrial Research (CSIR). A case study approach is followed based on secondary data collected from annual reports of CSIR laboratories, official websites, government data repositories and through Right to Information (RTI) applications filed (under RTI Act 2005, Government of India). The study analyzes various characteristics of patents filed and technologies licensed by CSIR laboratories and, using grounded theory approach, substantiated the analysis with existing literature to enhance robustness. It was attempted to establish relation between Extra Budgetory Resources generated, patents filed and technologies transferred by CSIR laboratories.
6 illus, 4 tables, 59 ref
Abhijeet Kumar;Mishra A
013011 Abhijeet Kumar;Mishra A (NO, Patna High Court, 1/23, Vasudha Bhawan, Indrapuri Rd. No. 1, Patna-800 024, Email: abhijeetkumar12991@gmail.com) : Gene patenting vis-a-vis notion of patentability. J Intellect Prop Right 2015, 20(6), 349-62.
Post Diamond v Chakraborthy, science has developed so much that the demand for enhancing the scope of patent protection has been increasing year after year. The most recent demand from the biotech labs is for giving protection to isolated genes, under patent law in respective jurisdiction. The paper mainly aims to answer the question that "whether the patentability criteria, as the jurisprudence regarding it exists today, are enough to evaluate the standard of patentability of isolated genes or not". The authors have examined the laws of various jurisdictions in this regard and have analysed the 'invention' of isolated gene with respect to the tests of patentability, to determine if it fails or sustains the same. Arguments based on ethical considerations, which opposes the granting of patent protection to isolated genes, have been put forth for testing of validity. The requirement of enabling disclosure has also been tested, which is must to be filled with the application for the grant of the patent. The research leads to the finding that the present law is insufficient for extending the protection of patent to isolated genes, and thus a dire need of a sui generis protection is increasing.
111 ref
Singh A;Suman T;Thripura V
008901 Singh A;Suman T;Thripura V (NO, National Law Univ, Jodhpur, Rajasthan, Email: amit.nluj@gmail.com) : Interface and synergies between intellectural property rights and consumer protection law in India: An Analysis. J Intellect Prop Right 2015, 20(4), 201-9.
Globalization has made the world smaller by integrating the global markets. It has given consumers a greater choice of products and brands with lower costs. However, this has also exposed them to various unfair practices adopted by the producers. It is generally recognized that a strong intellectual property right (IPR) regime is a critical precondition for enhancing and stimulating economic growth in the country. It facilitates greater investment into research and development as well as provides means to improve the quality of life of people of the country. IPR not only protects the innovative and creative capacity of competitors and owners of IP rights that supply goods and services, but it also concerns itself with the interests of the consumers of those goods and services, directly or indirectly. The existence of such rights is necessary for overall development of society. The areas of intellectual property that are most relevant for consumer protection are Trade Marks, Geographical Indications and Protection against unfair competition. These IP rights help the consumers in buying quality products and protect them from use of substandard products which may cause health and safety hazards. Thus, the proper operation of IP rights and their enforcement is very important for consumers. Further, it is the core of the IP system that people of the country must be protected from unfair competition, that is, from any act of dishonest practice in trade and business. Protection against unfair competition has been recognized as one of the main objectives of intellectual property system, which prohibits any act of competition that is contrary to honest practices in industrial or commercial matters, referred to as "unfair competition". The acts of unfair competition not only adversely affect the competitors, which tend to lose their customers and market share; but also affect consumers as they are likely to be misinformed and misled and tend to suffer economic and personal prejudice. Whatever form unfair competition may take, it is in the interest of the honest and legitimate entrepreneur, the consumer and the public at large that they should be prevented (protected) from it as early and as effectively as possible. Free and fair competition between enterprises is considered to be the best means of satisfying supply and demand in the economy as well as of serving the interests of consumers and economy as a whole. This stimulates innovation and productivity and leads to the optimum allocation of resources in the economy; reduces costs and improves quality; as well as accelerates economic growth and development. The paper attempts to undertake a review of the above interfaces between IPR and Consumer Protection regime in India.
18 ref
Saidin O K
008900 Saidin O K (Private Law Dep, Law Faculty, Univ of North Sumatera, Medan, Indonesia, Email: ok_Saidin@yahoo.com) : Translantation of Foreign law into Indonesian Copyright Law: The victory of capitalism ideology on paneasila ideology. J Intellect Prop Right 2015, 20(4), 230-49.
Journey of Indonesian history has 350 years experience under the imperialism of Netherland and Japan until the era of post-independence which was still under the shadow of the developed countries. The Indonesia became more and more dependable on the foreign countries which brought influence to its political choice in regulating the Copyright Law in the following days. Indonesian copyright protection model which economic goal firstly based on the country's Pancasila philosophy, evidently must subject to the will of the era that move towards liberal-capitalist. This era is no longer taking side to Indonesian independence goal to realize law and economic development based on Pancasila, especially the first, fourth, and fifth sila (Principle). The goal of law and economic development in Indonesia, regulated under the paradigm of democratic economy is to realize prosperous and equitable society based on Indonesian religious culture principle that can no longer be realized. Pancasila as the basis in forming legal norms in Indonesia functioned as the grundnorm which means that all the legal norms must be convenient and not to contradict the principles of the basic state philosophy of Pancasila. But the battle of foreign ideology in legal political choice through transplantation policy, did not manage to give the victory to Pancasila as the country's ideology, but to give the victory to the foreign capitalistic ideology instead. It resulted with the non-enforcement of Copyright Law. Borrowing the term used by Van Vollenhoven - the rejection on Indonesian Copyright Law was not because of the weak legal sanction, but due to the failure in the law enforcement, because the legal substance regulated in copyright laws that ever enacted in Indonesia, have never been part of their law; never been part of the nation's soul, or have never been the law of Indonesian society, but it is a law that was transplanted, and forced to be enforced in Indonesia. One law that is originated from capitalistic ideology, not originated from Pancasila ideology. This is the end of the ideological battle in choosing the formulation policy of Indonesian Copyright Law. It can also be said that it is the Victory of Capitalistic Ideology on Pancasila Ideology as the end of Pancasila Ideology.
60 ref
Pawar M
008899 Pawar M (NO, T and T Pharma Care Private Limited, T and T House, Panchpakhadii, Thane, Maharashtra-400 602, Email: maheshd.pawar@yahoo.co.in) : Patent portfolio analysis of hair/scalp cosmeceuticals. J Intellect Prop Right 2015, 20(4), 250-3.
Paper identifies the patenting trend of calp health actives in a leave-on product. A landscape of innovation portfolios generated through R&D in scalp care and hair care segment has been investigated covering six years period i.e. from 2008 to 2013. Patents have been classified based on benefit from active ingredient, number of benefits from active ingredient, nature of active ingredient, assignee, priority year, country of origin and container/applicator system. The patenting trend indicates that more research is going on products with natural extracts because of consumer preference over synthetic chemicals for the scalp treatment. Analysis of the data revealed that Henkel, L'Oreal, Amorepacific Corporation, Unilever and Procter & Gamble are the leaders in patenting. Geographical mapping shows extensive patent application by South Korea as priority country followed by USA, Japan, China, and Germany. Maximum number of patents claimed for antidandruff benefit from the active.
11 table, 13 ref
Fatokun O;Hassali M A A;Ibrahim M I M
008898 Fatokun O;Hassali M A A;Ibrahim M I M (Clinical Pharmacy Dep, Faculty of Pharmaceutical Science, UCSI Univ, Malaysia, Email: mohamedizham@yahoo.com) : Characterizing pharmaceuticals on data exclusivity in Malaysia. J Intellect Prop Right 2015, 20(4), 223-9.
Study analyses the occurrence and characteristics of pharmaceutical products containing new chemical entities granted data exclusivity in Malaysia since the implementation of the provision in 2011. Data for the drug products granted data exclusivity in Malaysia during March 2011 and April 2014 was obtained from the Malaysian National Pharmaceutical Control Bureau Register for granted data exclusivity. For each product, data on the type of product, the therapeutic class and the patent status in the reference country/jurisdiction and Malaysia was collected. The patent status of the drug products were sourced from international and Malaysian Patent Databases. A total of ten drug products containing new chemical entities (NCEs) were granted data exclusivity during the data period, with an average of 3.3 NCEs per year. The products were distributed among five therapeutic classes, with 50% of the products belonging to antineoplastic agents. Average effective data exclusivity period for the study sample was about 3 « years. Nearly all (90%) products had at least one granted patent or patent application covering the active ingredient of the new chemical entities. Both the granted patent period and data exclusivity period run concurrently, with the former extending beyond the latter by an average of 8 years. In this study, data exclusivity was generally associated with high selling drugs. Data exclusivity was mainly used as an additional intellectual property, with the patent period longer than the data exclusivity period.
2 table, 31 ref
Cook T
008897 Cook T (NO, , Wilmerhale, 7 World Trade Centre, 250 Greenwich Street, New York, NY-10007, Email: trevor.cook@wilmerhale.com) : Enforcement directive and harmonisation of remedies for intellectural property infringement in the EU. J Intellect Prop Right 2015, 20(4), 264-9.
Directive 2004/48/EC on the enforcement of intellectual property rights harmonises various aspects of civil court procedure and remedies as applied to most types of intellectual property in the European Union. Despite having now been in effect for over 10 years, it has until recently featured remarkably little in EU intellectual property litigation and there have been very few references to the Court of Justice that have exclusively concerned it. Thus there has been no opportunity to cast light on what is meant by the rather vague language in which it is expressed. This situation is now starting to change, and the various controversies the subject of the current references to the Court of Justice under it are reviewed in this article. The results of this process of interpretation will not only affect all national courts hearing intellectual property cases throughout the EU; they will also bind the new Unified Patents Court when that comes into force, despite the fact that in some cases the corresponding wording of the underlying Agreement which establishes the new Unified Patents Court, and which wording is based on the Enforcement Directive, deviates from it.
10 ref
Chingale R;Rao S D
008896 Chingale R;Rao S D (National Law Univ Delhi, , Sector14, Dwarka, New Delhi-110078, Email: advchingale@gmail.com) : Software patent in india: A comparative judicial and empirical overview. J Intellect Prop Right 2015, 20(4), 210-22.
Question of software patent and its patentability was discussed in June, 2014 by the Supreme Court of the United States of America (USA) in the case of Alice Corporation v CLS Bank International. It has become necessary to view the issue of software patent in a new light as it is observed that there is greater ambivalence in the law and practice of granting patent to computer implemented inventions. Considering the significant role played by the Indian software industry in contributing to the growth of the Indian economy and putting India on the global map, it is necessary to ensure that the patent system can adapt to and assimilate new, innovative technologies for the growth and development of software industry. The patent system should be capable of handling them in a rapidly advanced way, and must not shut them out. The data relating to number of patent applications filed and granted in the field of computer technology in countries like the US, Canada, European Countries and India shows that there are variations in approaches towards patentability of software. Diverse approaches are creating differences in opinions about patenting of software, thereby leading to software patent war. The current patent war in software industry has created issues of protection of technology, enforcement and growth of the industry. This article throws light on the issues related with software patent. It also discusses the various cases in U.S. The article attempts to understand the status of patent law and practice relating to computer related inventions India, Canada and EPO.
6 table, 81 ref
Xin L;Xiang Y U
007910 Xin L;Xiang Y U (School of Management, Huazhong Univ of Science and Technology, China, Email: liuxin_hust@formail.com) : Potential challenges of 3D printing technology on patent enforcement and considerations for counter measures in China. J Intellect Prop Right 2015, 20(3), 155-63.
As an emerging technology, 3D printing may impose a profound influence on the production mode of human beings and the operation mode of manufacturing industry. Meanwhile, it may also present some challenges towards the current patent enforcement system in China. This article gives a panorama of the development of 3D printing technology from the perspective of patent and analyzes specific challenges including the cognizance of patent infringement, the direct patent infringement, the indirect patent infringement and the patentability of CAD files. This article also proposes several counter measures which are beneficial to patent enforcement in 3D printing era to deal with the afore mentioned challenges in China, namely, the improvement of direct patent infringement clauses, the construction of indirect patent infringement system, the establishment of the Digital Patent Act, the advancement of technology and the revolution of business modes. The article appeals that great attention should be paid to the potential influence which 3D printing technology could exert on the patent enforcement system, and to establish relevant laws and policies with the least possible delay.
2 illus, 4 tables, 28 ref
Sapatnekar A M
007909 Sapatnekar A M (NO, , Symbiosis Law School, Pune, Email: amol.sapatnekar@symlaw.aco.in) : Doctrine of willful patent infringement: evolution under American patent law and need of further research. J Intellect Prop Right 2015, 20(3), 139-46.
Though there are criminal remedies specifically for trademark and copyright infringement the same is not a mandate in case of patent infringement. Article 61 of TRIPS, is the sole article containing requirements for criminal procedures that signatories to the Agreement may implement. Article 61 was debated with regard to the applicability of criminal procedures, and finally in case of patent infringement, the criminal measures were considered optional due to the complexity involved in validity and infringement cases, and as such could only be applied in case of 'willful infringement of patent'. Some countries provide criminal sanctions in case of patent infringement in general whether willful or otherwise. The American patent law prescribes the remedy of trebling damages if the infringement of patent is 'willful.' However the American courts are still struggling as to what amounts to 'willfulness'. The present article focuses on various interpretations of 'willfulness' laid down by American courts, views of scholars analysing the 'doctrine of willful patent infringement', views of scholars criticisizing the criminal sanction for willful patent infringement, disparity amongst nations in the treatment of patent infringement- willful or not. Having dealt with the said literature review, this article emphasizes the need for conducting a full-fledged study with regard to analysing the concept of willful patent infringement further, while considering feasibility of criminal remedy for it. The article comments with respect to the Indian context and the possible considerations to be taken into account.
46 ref