007908   Rahaman M R (NO, South Asian Univ, Akbar Bhawan, Chanakyapuri, New Delhi-110 021, Email: razidur.sau@gmail.com) : Protection of traditional knowledge and traditional cultural expressions in Bangladesh. J Intellect Prop Right 2015, 20(3), 164-71.

Traditional Knowledge and Traditional Cultural Expressions are generally regarded by conventional intellectual property system as being in the public domain and free for anyone to use. Indigenous people, local communities and states argue that this opens up Traditional Knowledge and Traditional Cultural Expressions to misappropriation and misuse. Traditional Knowledge includes specific knowledge, skills, innovations and practices etc. Many states mainly the developing states believe that the Traditional Knowledge and the Traditional Cultural Expressions should be protected as a form of intellectual property. For example, indigenous "folk song" can be protected as copyright under intellectual property law. According to Bangladesh Copyright Act 2000 (as amended 2005), the owner of the TK or TCEs can prohibit the stakeholder to apply for copyright. Bangladesh has many traditional knowledge and traditional cultural expressions. The "Lalon Song", some indigenous medicines, dance forms, songs, etc. are being misused by the people. Sometimes people make huge money by selling or using these traditional knowledge and cultural expressions. Bangladesh should take necessary steps by incorporating national legislations and also by applying the TRIPS Agreement to protect traditional knowledge and the traditional cultural expressions.

23 ref

007907   Nair M D (NO, , A-11, Sagarica, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: md.nair@outlook.com) : Indo-US IPR conundrum. J Intellect Prop Right 2015, 20(3), 189-91.

The much hyped 'stand off' between US and India on India's current IPR regime and concerns expressed that India is not fully compliant with TRIPS Agreement is more a myth than a reality. The differences are relatively minor and even though India is in the Priority Watch List of USTR, it is more of an internal alert system within US with no relevance to India or her position in the global trading community or the WTO. In fact, U.S. has no pending serious disputes with India in WTO's Dispute Settlement Body, unlike against China and many other Countries including ones in Europe, Latin American countries and Japan.

007906   Joshi O;Roy A;Janodia M (Intellectual Property Management Group, Lupin Limited (Lupin Research Park), Nande Village, Pune-412 115, Email: omkarjoshi@lupin.com) : PTE provisions relating to pharmaceutical products in Australia in comparison with european SPC and USA PTE. J Intellect Prop Right 2015, 20(3), 147-54.

Pharmaceutical products in Australia can win up to five years of Patent Term Extension (PTE). This article reviews Australian PTE Law and its relationship with regulatory pathway for approving medicinal products. The article describes recent PTE cases involving pharmaceutical products and analyses how effective these PTE provisions are in Australia. Finally, it compares PTE provisions in Australia with European SPC (Supplementary Protection Certificate) and USA PTE Provisions.

2 illus, 1 table, 13 ref

007905   Hsu S L (Law Dep, National Chung Hsing Univ, 250 Kuo Kuang Rd., Taichung 402, Taiwan, R.O.C., Email: taiwanlad@gmail.com) : Fair and equitable exceptions for farming practice in plant IPR protection in Taiwan. J Intellect Prop Right 2015, 20(3), 172-84.

Given that the need for food, the adaptation for climate change and the cure for diseases are crucial challenges of the 21st century, the acceleration of breeding new plant varieties to address these challenges is therefore regarded as an effective way to address these issues. The emphasis on plant research and development makes intellectual property rights (IPR) protection for plants a hot issue. Although, there are already laws and regulations in place to offer intellectual property protection for new plant varieties, the exemptions of IPR for researchers and farmers are inequitable. The scope of exemptions defined by patent or plant variety rights in some major countries serve as good references for improving the domestic regulation in Taiwan. Historically, from the narrowest US system to the fairest European one, such exemptions have already impacted the Taiwanese IPR system. Currently, as review of the Taiwanese 'Plant Variety and Seedling Act (PVSA)' is in process, deliberation upon a sustainable IPR system is necessary. This paper proposes the introduction of mechanisms such as proportional reward to breeders/farmers of merit for innovative application of research results, discounted royalty payment for conduction of preliminary research, and broader exemption for negligence of the third party. By means of such system reform in plant IPR protection, hopefully a better environment for plant breeding research and agricultural growing may be anticipated.

45 ref

007904   Cook T (NO, , WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : Update on the unitary patent court and the european patent with unitary effect. J Intellect Prop Right 2015, 20(3), 185-8.

Several recent developments as to the new patent system that will be put into place in Europe in the next couple of years make it timely to update earlier articles in this series on this subject and to provide a progress report on it. On 5 May 2015 the Court of Justice of the European Union rejected the legal challenges to one aspect of the new system, the European patent with unitary effect, mounted by Spain, and earlier in 2015 proposals as to the fee structure for this new type of European patent were issued by the European Patent Office. Preparations continue with establishing the other aspect of the new system, the Unified Patent Court, in which litigation on the European patent with unitary effect and also, subject to transitional provisions, classical European patents, will take place. A significant recent development as to the Unified Patent Court has been the publication for consultation, by the Preparatory Committee, on 8 May 2015, of a proposal for its fee structure.

18 ref

006893   Jana T (NO, CSIR-National Institute of Science Communication and Information Resou, 14 Satsang Vihar Marg, New Delhi-110 067, Email: tkj@niscair.res.in) : South asian intellectual property knowledge network - promoting intellectual property rights education in India and other countries. Curr Sci 2015, 109(2), 251-2.

All the SAARC countries (except Maldives and Afghanistan) have intellectual property right (IPR) laws in place and there is also a lack of proper awareness in the sub-continent. Understanding the above need and growing use of massive online open courses (MOOCs), we have developed an e-portal 'South Asian Intellectual Property Knowledge Network (SAIPKN) ' which provides nine basic IPR course modules in English for enrolled users. This commentary outlines how MOOCs have been used for promoting IPR education and awareness in India, neighbouring SAARC and other countries.

2 illus, 4 ref

005920   Yamabhai I;Smith R D (Health Intervention and Technology Assessment Program (HITAP), Ministry of Public Health, Nonthaburi, Thailand, Email: inthira.y@hitap.net) : To what extent are pharmacetical prices determined by patents? a case study of oncology medicines in Thailand. J Intellect Prop Right 2015, 20(2), 89-95.

This study seeks to assess the relative impact of patent status as a component of pharmaceutical prices while controlling other market and medicine characteristics on the retail prices of oncology medicines in Thailand. Ordinary Least-Squares (OLS) regression model of log prices as a function of supply and demand factors was developed and data fitted to establish the relationship and the effects for each factor. The main finding of the model is that patented status is associated with a price of approximately 144-206% that of an equivalent generic. Market characteristics also affect price, e.g. larger sales volumes, a more competitive market and a longer product life are associated with price around 3-30% higher. The scale of the influence of patent status over other factors confirms the view that addressing patent policy is the most effective option to bring down price, and proves support for invoking TRIPS-flexibilities such as, compulsory licensing, parallel importation or other exceptions to patentability.

1 table, 37 ref

005919   Xu-kun W;Qu Z;Kun D;Shanshan Z (School of Public Administration of Law, Dalian Univ of Technology, Dalian 116 024, China, Email: qz_31@sina.cn) : Studies of chinese intellectual property : academic basis and development idea. J Intellect Prop Right 2015, 20(2), 96-103.

Intellectual property research of Chinese academics began in 1980s has accumulated a substantial research results and laid a solid academic foundation for the startups of intellectual property studies. The disciplines of studies of intellectual property established, under establishment and to be established consists of five discipline sub-groups, namely, basic studies of intellectual property right, legal studies of intellectual property rights, special studies of intellectual property rights, sub-field studies of intellectual property rights and edge studies of intellectual property right, thus constituting the development pattern of the disciplinary system. In order to promote the derivative development of a series of new disciplines of intellectual property, researchers will continue to strengthen the discipline integration-differentiation consciousness, discipline convergence-integration consciousness and the research of discipline meta-question in the coming period.

1 illus, 2 tables, 29 ref

005918   Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013) : Speedy patent application examination at the Indian patent office: impact of nitto denko corporation case. J Intellect Prop Right 2015, 20(2), 127-30.

The 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 March 2015 is the recent report submitted government appointed committee to examine the feasibility of expedited examination of a patent application and whether such expedited examination was envisaged in the current patent statue. Any comments or suggestions may be sent to IPneeti@outlook.com or neeti@anandandanand.com.

11 ref

005917   Srivastava M;Chaudhary V;Pilania D S (NO, The Protection of Plant Varieties & Farmers' Rights Authority, NASC complex, New Delhi-110 012, Email: manojshreevastav@yahoo.co.in) : Intellectual property rights on plant varieties in India: a sector-wise analysis. J Intellect Prop Right 2015, 20(2), 81-8.

With the increased investment from private sector in agriculture, IPR in plant varieties has become a matter of debate and discussion. Several legislations have been formulated from time to time in compliance with various national and international obligations. The PPV&FR Act, 2001 was formulated in accordance with Article 27.3(b) of TRIPS Agreement, 1995. The present study focuses on development in Indian agriculture with reference to IPR granted under the Act. The study also analyses and determines the focus of public and private sector research and the trend of early filing for grant of IPR in both public and private sector. The awareness of the PPV&FR Act among farmers, the custodians of traditional varieties, is also determined by trend analysis of farmers' variety applications received from various states across India. Based on trend analysis, the technology trend in plant varieties protected under the Act is highlighted.

4 illus, 2 ref

005916   Shrivastava S;Verma H N;Saha R (School of Life Sciences, Jaipur National Univ, Jaipur-302 017, Email: shivanipatent@gmail.com) : Strategies for technical assessment via patent analysis - a case study. J Intellect Prop Right 2015, 20(2), 104-11.

Objective of present study is to understand the current situation in the area of biological control of plant diseases and to gain understanding of where the future technology is moving. The trends and direction of technology is explored through analysis of patents granted by the United States Patent and Trademark Office (USPTO) related to biocontrol of plant diseases over the period 1997-2007. It shows an overall increasing trend of patents granted in the area of biocontrol technology used for combating plant diseases. Most of the patents are related to tissue culture techniques, plant breeding and biotechnology. It has also been observed that top most assignees were Pioneer Hi-Bred International, Inc, Monsanto Technology, Stine Seed Farm, Inc, Cornell Research Foundation Inc, Mertec LLC, etc.

6 illus, 2 tables, 25 ref

005915   Kuanpoth J (School of Law, Wollongong Univ, NSW 2522, Australia, Email: jakkrit@uow.edu.au) : Intellectual property and transparency in trade negotiations: the experience of Thailand. J Intellect Prop Right 2015, 20(2), 112-21.

This article concentrates on the problem of non-transparency in non-multilateral norm-setting activities in the intellectual property field. It highlights the experience of Thailand in order to show the inability of the general public to participate in decision-making relating to trade negotiations and to access information regarding trade agreements. It explores the issue of transparency in this international norm-setting process that will support the debate on development-oriented policy in order to better understand the socio-economic impacts of trade liberalization.

37 ref

005914   Cook T (NO, , WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : The restricted acts of reproduction and distribution in EU copyright law. J Intellect Prop Right 2015, 20(2), 122-6.

Most, but not all, types of act restricted by copyright or related rights in works or other matter are harmonised at an EU level. Thus, along with the restricted act of communication to and making available to the public, the restricted acts of reproduction, distribution and rental are also expressly harmonised at an EU level. Although such other restricted acts have occasioned considerably less case law in the Court of Justice of the EU than the restricted act of communication and making it available to the public, their case law provides an insight into many live issues of EU copyright law, such as the degree of originality required for copyright to subsist and the scope of the doctrine of exhaustion of rights. In some areas, such as originality, the Court has been prepared to extend the ambit of the EU harmonising legislation into areas which the legislature did not purport to harmonise; but there have been others where it has not been prepared so to do, thereby flagging up lacunae in the harmonisation of copyright at an EU level. One already established such lacuna is that of certain restricted acts as mandated, as to copyright, by the Berne Convention. The Court has recently, in a case which concerns aspects of the restricted acts of both reproduction and distribution, and as to the latter the scope of the doctrine of exhaustion of rights, declined to seize the opportunity offered to it to clarify the status under EU law of another restricted act, that of adaptation, as mandated by Article 12 of the Berne Convention.

14 ref

022387   Sandal N;Avinash Kumar (NO, , Directorate of ER & IPR, DRDO Bhawan, Rajaji Marg, New Delhi-110 011, Email: nidhisandal@hqr.drdo.in) : Integrated silicon photonics: visualisation of patent datasets for mapping technology. DESIDOC J Libr Inf Technol 2015, 35(2), 132-7.

Analysing patent information is considered to be one of the most systematic and logical methodology to get an insight into the progress of technologies. Patent statistics can be used to ascertain the maturity of specific technologies or to identify technological trends. Similarly, it is possible to identify whether research activities are clustered or scattered by comparing the number of applications with the number of applicants. Visualization technique is considered to be most eloquent and illustrative way of representing patent information and its analysis results to get insight into various aspects of any particular technology. Statistical analysis of the relevant patent dataset is carried out using patent maps in the visualisation techniques. Different patent maps help in understanding various aspects about the searched system/ technology like top patent assignees, top Inventors. Time based analysis provides the trends of technology on the time scale, while cross-mapping of the patent documents provides further useful information. All the above analysis can be illustrated in patent maps to make it more presentable, structured and customised. In the present paper, the patent maps have been exploited to understand technologies and other aspects related to the Integrated Silicon Photonics.

5 illus, 23 ref

020425   Chandrashekar S;Kantharaj A (NO, , No. 802, 3rd main, BEML 5th Stage, Rajarajeshwarinagar, Bangalore-560 098, Email: shivaram@manipalhospitals.com) : Legal and ethical issues in safe blood transfusion. Indian J Anaesth 2014, 58(5), 558-64.

Legal issues play a vital role in providing a framework for the Indian blood transfusion service (BTS), while ethical issues pave the way for quality. Despite licensing of all blood banks, failure to revamp the Drugs and Cosmetic Act (D and C Act) is impeding quality. Newer techniques like chemiluminescence or nucleic acid testing (NAT) find no mention in the D and C Act. Specialised products like pooled platelet concentrates or modified whole blood, therapeutic procedures like erythropheresis, plasma exchange, stem cell collection and processing technologies like leukoreduction and irradiation are not a part of the D and C Act. A highly fragmented BTS comprising of over 2500 blood banks, coupled with a slow and tedious process of dual licensing (state and centre) is a hindrance to smooth functioning of bipod banks. Small size of blood banks compromises blood safety. New blood banks are opened in India by hospitals to meet requirements of insurance providers or by medical colleges as this a Medical Council of India (MCI) requirement. Hospital based blood banks opt for replacement donation as they are barred by law from holding camps. Demand for fresh blood, lack of components, and lack of guidelines for safe transfusion leads to continued abuse of blood. Differential pricing of blood components is difficult to explain scientifically or ethically. Accreditation of blood banks along with establishment of regional testing centres could pave the way to blood safety. National Aids Control Organisation (NACO) and National Blood Transfusion Council (NBTC) deserve a more proactive role in the licensing process. The Food and Drug Administration (FDA) needs to clarify that procedures or tests meant for enhancement of blood safety are not illegal.

2 illus, 37 ref

020424   Banerjee M (Law Dep, Calcutta Univ, Kolkata, West Bengal, Email: monimalabanerjee@gmail.com) : Laws relating to heritage conservation in India. J envir Sociobiol 2014, 11(1), 123-35.

An introductory approach to heritage conservation has been given. In this regard we have to understand what is meant by the term "heritage" and the various kinds of heritage. In the present paper definitions and meanings of "Natural Heritage" and "Cultural Heritage" have been discussed.Various kinds of laws are present for the purpose of heritage management- both international and national. International law includes the Rio declaration, Stockholm declaration, Constitution of UNESCO and other conventions. National law includes the Constitution of India, the Air (Prevention and Control of Pollution) Act, 1981, the Water (Prevention and Control of Pollution) Act, 1974, the Wildlife (Protection) Act, 1972, the Indian Forest Act, 1927, the Biological Diversity Act, 2002, the Environment (Protection) Act, 1986, the Antiquities and Art Treasures Act, 1972 (AATA), the Ancient Monuments and Archeological Sites and Remains Act, 1958 (AMASRA), etc. Major cases in India relating to heritage conservation with special reference to the Bhopal Gas Tragedy case and the Taj Trapezium case have been discussed. From above discussions, it is concluded that along with strict implementation of the prevailing laws, there must be people's awareness for heritage conservation.

15 ref

017437   Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013, Email: IPneeti@outlook.com) : Guidelines for access and benefit sharing for utilization of biological resources based on nagoya protocol effective. J Intellect Prop Right 2015, 20(1), 67-70.

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 January 2015 is on the latest Regulations issued by the National Biodiversity Authority under the Biological Diversity Act, 2002 related to access and commercialization of biological resources. There are specific guidelines for sharing of benefits specially resulting from the commercialization of the Intellectual Property related to the Biological Resources.

1 illus, 14 ref

017436   Pathak H (Luthra & Luthra Law Offices, 103 Ashoka Estate, Barakhamba Road, New D, , , Email: harshadp91@gmail.com) : Jurisdictional dilemma surrounding the intellectual property appellate board. J Intellect Prop Right 2015, 20(1), 51-9.

Though the IPAB was constituted as a specialized alternative tribunal to the High Courts in patent and trademark disputes, there are concerns as to its precise role in the existing judicial hierarchy. In light of the jurisdictional overlap between the IPAB and the Registrar of Trade Marks or Controller of Patents as the case may be, concerns have been raised as to the appellate nature of the Board. The situation is further complicated by the conflicting relationship the IPAB shares with the High Courts or District Courts in context of suits for infringement. Whether a litigant in a suit for infringement before the appropriate High Court or district court ought to seek a leave of the said court as to the prima facietenability of the plea of rectification of the plaintiff's trademark before initiating necessary proceedings before the IPAB or the Registrar? The present paper is an endeavour to address the two cited concerns through an analysis of the judicial decisions on the highlighted issues. From a broader perspective, it is an attempt to understand the positioning of the IPAB in relation to the multiple judicial and quasi-judicial authorities functioning within its proximity.

60 ref

017435   Panja S;Majumder P;Sarkar B K;Mukim K K;Hati A (P. Majumder and Associates, , Rajarhat Road, Baguihati, Kolkata-700 059, Email: panjasaikatr@gmail.com) : Global research on medical cotton - evidence from patent landscape study. J Intellect Prop Right 2015, 20(1), 39-50.

Application of cotton has global demand in healthcare field for protection of injury site, control of bleeding, prevention from contamination of wound from foreign bodies and absorption of secretion. Inventions on medical cotton have been started from the year 1850, but the growth of technology has been observed after the year 1900. The present study aims to analyze the trend of inventions on medical cotton on the basis of patent documents retrieved from USPTO, EPO, WIPO, PAJ, IP India, and Free Patents Online (FPO). Analysis of patent documents are performed on the basis of filing year, publication year, geographical locations, assignees, families, International Patent Classification (IPC), citations and applications of inventions. Strengths and weaknesses of the global research on medical cotton are also clearly mentioned. Areas where further researches are needed are highlighted by a White-Space analysis. Participation of India on medical cotton is meager, but the possibility is enormous.

2 illus, 5 tables, 64 ref

017434   Kalpana Sastry R;Shrivastava A; Venkateshwarlu G (National Academy of Agricultural Research Management, , Rajendranagar, Hyderabad-500 030, Email: kalpana@naarm.ernet.in) : Assessment of current trends in R&D of chitin-based technologies in agricultural production-consumption systems using patent analytics. J Intellect Prop Right 2015, 20(1), 19-38.

Chitin is a natural polysaccharide found in the outer skeleton of insects, crabs, shrimps, and lobsters and in the internal structures of other invertebrates. It forms a main source of production of chitosan, a more tractable material reported to have uses across a wide range of applications. This paper discusses the current trends in R&D of chitin based technologies with applications in agricultural production - consumption systems. A conceptualised framework based on data collected through R&D indicators like literature and market products was first developed and used to assess the technology trends of these technologies in agricultural production systems using tools of patent analytics. The study indicates that the major applications of these technologies are in four sectors namely, crop management, food sector, veterinary and agri-machinery. Analysis of technology flow through forward and backward citation using a reference patent from each sector has also been done to assess trends in technology diffusion process in this fast emerging technology domain.

9 illus, 9 tables, 81 ref

017433   Hanchinal R R (Protection of Plant Varieties & Farmers' Rights Authority, , NASC Complex, DPS Marg, New Delhi-110 012, Email: chairperson-ppvfra@nic.in) : Providing intellectual property protection to farmers' varieties in India under the protection of plant varieties & farmers' rights act, 2001. J Intellect Prop Right 2015, 20(1), 7-18.

India is the first country to provide substantial rights to farmers and registration of their varieties for IPR under the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act. Obviously, in the initial years the filing of applications was slow and inconsistent, and it was restricted to few crop species. With extensive awareness programs organized by the PPV&FR Authority (henceforth addressed as Authority) involving the National Agricultural Research System (NARS) and Non-Governmental Organizations (NGOs), dramatic progress could be achieved in both number of applications filed and also the number of crop species covered. Since India is one of the centres of origin for many crop species of economic importance, it is relevant to accord legal protection to the plant genetic resources (PGR) subsisting in the farmers varieties to safeguard their conservation, use in breeding new varieties and appropriate benefit sharing.

6 tables, 8 ref

017432   Cook T (WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 1, , , Email: trevor.cook@wilmerhale.com) : Restricted act of making available and communication to the public in the European Union. J Intellect Prop Right 2015, 20(1), 60-6.

In retrospect, perhaps the most significant innovation to have been introduced into the law of copyright and related rights by the WIPO Copyright Treaty and the WIPO Performers and Phonograms Treaty of 1996 was the new restricted act of "making available to the public" for both copyright in the strict sense and for related rights in sound recordings and fixations of performances, although for copyright such restricted act is also included within the broader restricted act of "communication to the public". Enacted in the European Union by Directive 2001/29/EC on the Copyright in the Information Society, this type of restricted act has been the subject of more case law at the Court of Justice of the EU than any other provision of this Directive, which has in turn been the subject of more case law than all other EU copyright and related rights Directives together. This article reviews how such case law has developed, and how the Court of Justice has sought to modify its initial formulation of this type of restricted act in the context of its application to various activities on the Internet.

19 ref

015430   Zekos G J (NO, , Asylum Office of Thessaloniki, Police Building, Monastiriou 326, Thessaloniki, Greece, Email: zekosg@yahoo.com) : Denying patentability of Scientific Theories. J Intellect Prop Right 2014, 19(5), 337-46.

In general, intellectual property systems do not protect ideas but only their practical applications. To grant protection, patent law imposes stringent checks like novelty, non-obviousness, and utility, while copyright law involves a lower threshold of originality. Patentability determinations have undergone considerable disarray over the last few decades. The question to be answered is whether pure science has become patentable as against scientific development even as legal reforms have tightened the standards for patentability narrowing it to reduce the scope of patent-eligible subject matter and to make patents harder to acquire (thus easier to invalidate) based on obviousness. Can simple advances in science and its methods be regarded as patentable or should there be significant progress for satisfying patentability criteria is a question that needs to be answered.

89 ref

015429   Wilson N (NO, , Anand and Anand, B-41 Nizamuddin East, New Delhi-110 013, Email: neeti@anandandanand.com) : Supreme court clarifies Indian Patent Invalidity Proceedings. J Intellect Prop Right 2014, 19(5), 358-60.

The 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. The current section is devoted to presenting current IP news in the limelight to keep the readers abreast with the changing trends. The spotlight for September 2014 is on the latest Supreme Court ruling in the area of patent procedure. Any comments or suggestions may be sent to neeti@anandandanand.com.

3 illus, 1 table, 5 ref

015428   Unni V K (NO, Public Policy and Management Group, Indian Institute of Management Cal, Joka, Kolkata-700 104, Email: unniv@iimcal.ac.in) : Exploring sovereign immunity in copyright infringement: How India can learn from the global experience. J Intellect Prop Right 2014, 19(5), 307-14.

Governmental use of copyrighted works although a very important area has received little attention compared to similar use of patented inventions. But such uses by the government/sovereign have been reported in various jurisdictions including USA where the power of eminent domain was invoked to give some kind of justification. This article makes an enquiry about this unexplored but important area of intellectual property law by adopting a comparative study of important jurisdictions.

50 ref

015427   Tiwari S;Ghosh G (Law Dep, North-Eastern Hill Univ, Shillong-793 022, Email: shishirlaw@gmail.com) : Health - a human right?. Natn J comp Law 2014, 1(1), 13-29.

The concept of the right to health in international human rights law is quite vague. Although the Constitution of the World Health Organization and a number of international human rights treaties recognize the right to the 'highest attainable standard of health', the phrase 'right to health' is not a familiar one. The use of 'right to health' can be understood in the light of several international declarations and treaties referring to a right to highest attainable standard of health. Approaching health issues through a rights perspective adds an important dimension to consideration of health status. Against this backdrop, the present paper makes a modest attempt to analyse the human rights based approach to health. Although there is a plethora of international and regional instruments relating to right to health, this paper is limited to studying the prominent ones.

38 ref

015426   Singh R K (NO, Chankya National Law Univ, Patna, Email: rba.indian@gmail.com) : Domain name, internet and trademark: issues. Natn J comp Law 2014, 1(1), 45-56.

As the internet has become more important to success in business, many businesses have acquired an online presence in the form of a website. These businesses often use their trademarked names as their website easily. Consumers navigates the internet through the use of words, either by typing domain names into internet browsers or by typing words in to a search engine that assists in locating the information they are seeking. With the increment of electronic world trademark and domain name law is designed to prevent consumer confusion. In many ways, trademark and domain name law has evolved much faster and earlier to the digital environment as a result of the menace of cyber squatting with the new digital technologies like linking, framing and Meta Tag. Regarding Meta tags, the question of whether the Meta tag in the HTML of a website can infringe on existing trademark was addressed by the court. Framing also involves issues relating to misuse of a trademark, primarily because framing creates confusion in the mind of the user as to the origin of the contents placed on the website. There is possibly of a stranger case of copyright infringement in the case of framing as compared to linking. The threat of trademark and copyright infringement posed by linking and framing has not yet been addressed by Indian courts. This paper examines issues related to domain name, trademark law with national and international scenario and evaluates how the same have evolved in the internet age. Apart from this also examines confliction between domain name and trademark with linking, framing and Meta tag.

27 ref

015425   Singh A K (Law Dep, K.S. Saket P.G. College, Ayodhya, Faizabad, Email: ajayksinghlaw@gmail.com) : Protection of woman from sexual violence and reproduction: an international perspective. Natn J comp Law 2014, 1(1), 57-60.

Violence against women is a manifest and incontrovertible fact in all countries, whether developed or developing, liberal or conservative. In this context, the international human rights law and national policy can both become important tools to ensure justice and protect women's human rights. States and political movements all over the world have attempted to manipulate women's lives, sexuality and reproduction for political purposes, either in the name of population control or more recently fundamentalist revivals, as in Pakistan and some Islamic countries, women adulteresses are killed in the name of family honour. The gender biases affect judicial decisions, sometimes in crimes as heinous as rape and the murder of women for dowry. We can protect women's rights and can prevent gender violence only by ensuring substantive equality, eliminating gender discrimination and removing discriminatory and archaic laws by radically reforming the legal systems in the country and attuning them to current. The People's Republic of China enforces the most brutal and most inhumane fertility control policy. In China, hundreds and thousands of women have suffered serious violations of their human rights as a result of birth control policy. Birth control in China has been compulsory since 1979. In the People's Republic of China, a woman's body is not her own. China enforces an intrusive one child per couple policy (only slightly relaxed in outlying regions) with fertility decisions. The freedom to have children, taken for granted by women in other parts of the world and upheld as human rights in various conventions, is unknown to women in China.

11 ref

015424   Roy S C (NO, Chanakya National Law Univ, Patna, Email: scroy2010@gmail.com) : Protecting the trademark for consumer protection-issues and problems in the globalised economy. Natn J comp Law 2014, 1(1), 1-12.

Consumer is the sole end and purpose of all production. Every human being who consumes anything is a consumer, regardless of his age, occupation, gender, community or religious affiliation. The earlier concept of CAVEATE EMPTOR made them more dependent and helpless. The consumers had to purchase goods on high prices without any security of brand or mark of trading, believing the goods of high quality and quantity. But even the enactment of the consumer protection Act 1986, the theory of CAVEATE VENDATOR seems insufficient in the global economy and trade. The trade marks Act 1999 provides protection to the owner but does not assure any protection in terms of slogan and quality of the product. Trademarks are suggestive not descriptive in character and it is very difficult to detect the defects and deficiency in the globalised market. Misleading advertisements on mass media easily influence the consumers. The packaged commodities have variation in contents and hidden price component too. The problems of incorrect rates are very common related to MRP, MSP along with unauthorised sale of medicines, poor customer services by the telecommunications, non-fulfilment of warranty and guarantee. Can the trademarks and consumer protection Act together protect the interest of the consumers? Can Competition, Awareness and education protect consumers in the organised sellers' market?

20 ref

015423   Mishra M (NO, Admerit College, Patna, Email: manojbashist@gmail.com) : GST - the challenge of implementation. Natn J comp Law 2014, 1(1), 35-45.

Goods and Service Tax (GST) has been proposed for long and the first target to implement GST was on 1st April, 2010, but so far it has not been implemented. The paper studies the reasons for not being able to implement GST. A two-rate structure -a lower rate for necessary items and goods of basic importance and a standard rate for goods in general-proposed with a special rate Goods and Service Tax (GST) has been proposed for long and the first target to implement GST was on 1st April, 2010, but so far it has not been implemented. The paper studies the reasons for not being able to implement GST. A two-rate structure -a lower rate for necessary items and goods of basic importance and a standard rate for goods in general-proposed with a special rate for precious metals and a list of exempted items. Exports would be zero-rated. The GST will be Goods and Service Tax (GST) has been proposed for long and the first target to implement GST was on 1st April, 2010, but so far it has not been implemented. The paper studies the reasons for Goods and Service Tax (GST) Has been proposed for long and the first target to implement GST was on 1st April, 2010, but so far it has not been implemented. The paper studies the reasons for not being able to implement GST. A two-rate structure -a lower rate for necessary items and goods of basic importance and a standard rate for goods in general-proposed with a special rate for precious metals and a list of exempted items. Exports would be zero-rated. The GST will be levied on imports with necessary Constitutional Amendments. Initially, the GST was first proposed the variant preferred by the federal government was a so-called "National Sales Tax" (NST) that would have been administered federally on a on a uniform base and at uniform rates, with the proceeds being divided between the federal and provincial governments and among the provincial governments, but it could not materialize. A Strong center and willingness to change the system is a perfect prescription for implementation of GST.

12 ref

015422   Mishra B K (Kumaun Univ, SSJ Campus, Almora, Uttarakhand, Email: bkmishra15@rediffmail.com) : Copyright: issues and challenges in digital environment. Natn J comp Law 2014, 1(1), 30-4.

This paper content gives a brief idea about the copyright act, IT act and also the amendment made to the act with undated details. Most digital library project planners are aware of their intellectual property issues that must be resolved in order to successfully deploy them in libraries. Libraries are leaders in trying to maintain a balance of power between copyright and old users.

5 ref

015421   Hanchinal R R;Agrawal R C;Ravi Prakash; Stephen T;Jaiswal J (NO, Ministry of Agricultural, Protection of Plant Varieties & Farmer's Right Authority, NASC Complex, DPS Marg, New Delhi-110 012, Email: chairperson-ppvfra@nic.in) : Impact of awareness programmes and capacity building in Farmer's plant variety registration under the PPV & FR Act. J Intellect Prop Right 2014, 19(5), 347-52.

Indian plant variety protection law is unique as it simultaneously aims to protect plant breeders as well as farmers. In the initial years of law implementation, the progress with respect to registration of farmers' varieties was not only slow but also inconsistent, and the trend was erratic. The receipt of applications for Plant Genome Saviour Awards was also meagre due to non-awareness among the farming community in the agro-biodiversity rich regions. Planned awareness programmes in collaboration with National Agricultural Research System (NARS), non-government organizations (NGOs) and Krishi Vigyan Kendras (KVKs, Farm Science Centres) throughout the country resulted in the receipt of more number of applications for farmers' varieties registration and also for awards indicating that the training programmes, national dialogues on farmers rights, exhibitions and publications in local newspapers play an important role in confidence building and clearing misconceptions about filing for intellectual property rights. Organization of a large number of capacity building programmes to both trainers and farmers in the agro-biodiversity rich regions is a very good strategy to attract more farmers/farming communities to file applications both for registration of farmers' varieties and the Genome Saviour Awards.

2 illus, 2 tables, 9 ref

015420   Dey S;Jana T (NO, Rajiv Gandhi School of Intellectual Property Law, Indian Institute of, Kharagpur-721 302, Email: tkj@niscair.res.in) : E waste recycling technology patents filed in India- an analysis. J Intellect Prop Right 2014, 19(5), 315-24.

The increasing use of electrical and electronic equipments has led to a significant rise in e-waste worldwide over the past two decades. E-waste is today the fastest growing component of the municipal solid waste stream and currently comprises more than 5% of its total flow, which is equivalent to 20-50 million tonnes a year worldwide. Electrical and electronic equipment contain different hazardous materials which are harmful to human health and the environment. There are several international and Indian initiatives to dispose and recycle e-waste. Even as India has been and continues to be a dumping ground of e-waste from western countries, no serious effort has been made to arrest the situation. To manage and dispose e-waste, technology often plays a vital role. The present study focuses on the e-waste patents filed in India. The study reveals a good number of technologies developed by Indian institutions like Council of Scientific and Industrial Research, individuals belonging to different institutions of India and other foreign companies. Despite its economic importance, research on e-waste recycling has never been seen as a priority and gets little respect within companies in India. This study suggests that electronic brand companies in India are laggard rather than leaders in adopting new technologies and innovation on e-waste recycling. This aversion to innovation has left consumers and workers associated with e-wastes exposed to dangers that have not been addressed. To reverse this, most of these companies will need to venture out of their comfort zone which in turn may be ensured by implementation of effective laws.

4 illus, 2 tables, 12 ref

015419   Cook T (NO, , WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : New European commission and its work plant for EU intellectual property. J Intellect Prop Right 2014, 19(5), 353-7.

Year 2014 sees major changes in the composition of two of the institutions that govern the European Union (EU); namely the European Parliament, elections for which were held earlier in the year, and the European Commission, whose members are nominated by Member States but must be approved by the Parliament, which takes office in November, and the new composition and structure of which was announced in September. The latter not only initiates EU legislation, and supervises the bodies that manage unitary EU intellectual property rights, most notably the Office for Harmonisation in the Internal Market (shortly to be renamed the EU Trade Marks and Designs Agency) but is also responsible for enforcing the EU Treaties. This makes it timely to review the status of the Commission's recent and pending initiatives in the field of intellectual property, not only in terms of specific legislative initiatives, many of which, in so far as they are already under way, have been the subject of previous articles in this series, but also in its ongoing program of review and of policy making, much of which is not immediately, or may never be, reflected in specific legislation.

19 ref

015418   Chakrabarti G (NO, National Law Univ, Nagour Road, Mandore, Jodhpur-342 304, Email: gargi.nluj@gmail.com) : Need of Data Exclusivity: impact on Access to Medicine. J Intellect Prop Right 2014, 19(5), 325-36.

Pharmaceutical companies put reasonable time and money to generate safety and efficacy test data during clinical trials while applying for the marketing approval for any new chemical entity. They need protection for that data to prevent it from being used by generic producer companies for the same compounds. Data exclusivity provisions are different in different countries and each country's pharmaceutical industry usually influences the formulation of those provisions. Data exclusivity adds an extra layer of protection for the drugs irrespective of the patent protection status, thus controlling access to medicine. This paper analyses how pharmaceutical companies are trying to retain the market exclusivity by enforcing data exclusivity and how it is affecting health issues in developing and least developed countries. It also highlights the impact of data exclusivity on accessibility and affordability of life saving drugs. This paper discusses the stand of developing and least developed countries including India; evaluates why these countries are not interested in implementation of data exclusivity in their national legal regime and also proposes how to achieve balance between the economic interest of the originator companies and public interest towards access to medicine.

2 illus, 44 ref

013438   Zhan Y (School of Law, Zhongnan University of Economics and Law, China, Email: zhanying@gmail.com) : Problems of enforcement of patent law in China and its ongoing fourth amendment. J Intellect Prop Right 2014, 19(4), 266-71.

Enforcement of patent law has been a bone of contention not only in the western countries but within China too and most agree that the principal issue has more to do with inadequate enforcement rather than the legislation itself. While the developed countries are more critical of China, other international organizations and scholars from developing countries have different views. Chinese legislators believe that the major problems in China's patent enforcement are `difficult evidence rules, long cycle length, high cost, low compensation, and poor result'. In fact, the root causes of these problems are China's low level of economic development and the rule of law, as well as the Chinese traditional culture. To solve those problems, China started the fourth amendment to its Patent Law in November 2011. If the amendment is approved, together with other fundamental reforms, China's patent enforcement is expected to improve gradually.

16 ref

013437   Tyagi S;Mahajan V;Nauriyal D K (Humanities and Social Sciences, Indian Institute of Technology Roorkee, Roorkee-24766, Email: mahajan.varun85@gmail.com) : Innovations in Indian drug and pharmaceutical industry: have they impacted exports?. J Intellect Prop Right 2014, 19(4), 243-52.

Paper examines the trends in exports, imports, R&D performance and patenting activities in regard of Indian drug and pharmaceutical industry for the period 2000-2012. Although most of the analysis, drawing upon different databases, is of descriptive nature, it also estimates functional relationship between exports as dependent variable and patents granted and R&D expenditure as independent variables. The study found that lagged R&D expenditure and lagged total patents granted affect exports positively and significantly. It suggests encouragement to public-private R&D partnership in the realm of basic and applied research, which could be commercially harnessed by the interested private sector partner(s).

4 illus, 6 tables, 34 ref

013436   Petridis S (NO, Aristotle University of Thessaloniki, University Campus 54124, Thessaloniki, Greece, Email: sotospetridis@yahoo.gr) : Comparative issues on copyright protection for films in the US and Greece. J Intellect Prop Right 2014, 19(4), 282-92.

Film protection by copyright has both advantages and disadvantages. This article deals with the legal protection of films in Greece and the United States of America. The aim is to demonstrate the differences between the laws of these two countries by examining specific issues concerning the protection of films, such as protection of fictional characters and plots in filmic texts.

53 ref

013435   Lath A (NO, West Bengal National University of Juridical Sciences, Salt Lake City, Kolkata-700 098, Email: aparajita.lath@gmail.com) : Analysing the pitfalls of Indian patent injunctions based on fear of infringement. J Intellect Prop Right 2014, 19(4), 253-9.

This article examines the emergence and implications of quia timetinjunctions in patent cases in India. A quia timetaction is an action based on a possible future injury and therefore stems from a threat of infringement. The common law remedy of quia timet injunctions and its application in recent cases in jurisdictions such as Canada, Europe and India are discussed. The analysis reveals that there are no set standards for granting such injunctions, making them subjective and speculative. It is argued that patent cases are not appropriate matters to grant and allow such actions. The recent emergence of such actions in Indian patent cases is worrisome. Given that patents are not presumed valid in India, that India does not follow the principle of `clearing the way' and the questionable quality of patents being issued by the overburdened Indian Patent Office, quia timetactions may adversely impact innovation and public interest in India.

39 ref

013434   Cook T (NO, , WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : Territoriality and jurisdiction in EU IP law. J Intellect Prop Right 2014, 19(4), 293-7.

Almost every type of intellectual property right is territorial in nature, and although in the EU some EU-wide unitary intellectual property rights exist, corresponding national rights also persist in most areas of intellectual property in the EU, and will continue so to do. The increasingly international nature of trade and the increasingly dematerialised nature of much content provision has meant that national courts in the EU and sometimes the Court of Justice of the EU are ever more often called on to review how national courts should address questions of how the EU principles of jurisdiction apply to such national intellectual property rights.

18 ref

013433   Archna S;Pandey D (NO, Institute Technology Management Unit, Indian Agricultural Research Ins, Pusa Road, New Delhi, Email: archsuman@yahoo.com) : Patent trends in ICAR institutes. J Intellect Prop Right 2014, 19(4), 260-5.

There is growing awareness amongst research institutes, though comparatively feeble and less competitive than the fierce corporate world, in filing and protecting their intellectual property rights. The article highlights statistics that will help identify and address patent protection matters and related issues. The current study provides a glimpse into the status of patent grants in the Indian Council of Agriculture Research (ICAR) institutes addressing all forms of plant and animal research and presents an overview. Areas of agro machinery, agrochemicals, food and dairy technology have them maximum number of innovations patented in the last decade with IARI being the top applicant and grantee.

1 illus, 1 table, 17 ref

013432   Aakanksha Kumar (NO, National Law University, NH-65, Nagour Road, Mandore, Jodhpur-342 304, Email: kumar.aakanksha@gmail.com) : Internet intermediary (ISP) liability for contributory copyright infringement in USA and India: lack of uniformity as a trade barrier. J Intellect Prop Right 2014, 19(4), 272-81.

With the internet today transcending all national boundaries, the protection of IP and penalising its infringement over the `world-wide-web' has become even more difficult, given the territorial nature of the grant of the intellectual property right. Moreover, while hosting, routing, and linking to these `infringing material harbouring' - sites or services, internet service providers (ISPs) themselves become vulnerable to charges of copyright infringement. The law in the US has since long, been very strict against ISPs for contributory/ secondary copyright infringement. However, India has only recently enacted a legal provision dealing with ISPs. The lack of it has been one of the main reasons for delay in the Indo-US free trade agreement. Although, India has not ratified the WIPO internet treaties, and hence not obligated to have an enforceable ISP liability law, India's 2012 Copyright Amendment Act read together with Sections 79 and 81 of the Information Technology Act and the May 2011 Guidelines for Internet Intermediaries constitute comprehensive legal provisions to fix ISP liability. This paper seeks to highlight the salient features of the ISP liability laws in India and the US and discuss how, even with the new law, differences still remain, leading to continued trade-relation barriers.

62 ref

010397   Xu C (Law Dep, Bologna University, Via Zamboni, 33 - 40126, Bologna, Italy, Email: xucong.euspl@gmail.com) : Comparative analysis of intellectual property between China and the West: a cultural perspective. J Intellect Prop Right 2014, 19(3), 202-8.

Previous researchers have studied the connection between the developed countries' intellectual property system and China's practice, in particular, China's poor social environment unfavourable to the protection of intellectual property rights. But little attention has been paid by those researchers to the unique culture of China, not to mention the elaborate diversity of intellectual property acculturation across the globe. Chinese traditional civilization, (especially Confucianism) distinct from its western counterpart, has significantly influenced the Chinese people over a long period of time. The findings in this article highlight the potential and inherent difficulties encountered by China's intellectual property protection and the current perception of the intellectual property system amongst its people affected by the deep-rooted Chinese culture. The author presents a new and better understanding of China's unique intellectual property protection system through a comparative analysis of the various cultural elements in China and the West. The Chinese intellectual property culture has been deemed as a result of the deficiency and low efficiency of the legal execution system. A better understanding of the intellectual property protection system in the diversified cultural background will provide new direction and avenues to understand the diversity of each nation's intellectual property protection system.

1 illus, 30 ref

010396   Samuel M P;Sastry R K;Venkattakumar R (National Academy of Agricultural Research Management, , Hyderabad-500 030, Email: manoj@naarm.ernet.in) : Status and prospects of IP regime in India: implications for agricultural education. J Intellect Prop Right 2014, 19(3), 189-201.

Intellectual property rights (IPR) are ideas, inventions, and creative expressions based on which there is a public willingness to bestow the status of property, while technology management seeks to foster effective and efficient use of developed technology. In a dynamic global environment with changing industry and competitor landscapes, management of technologies including effective commercialization strategies using the IPR advantages gathers utmost importance. In an agrarian country like India, the process of IP awareness can be catalysed only by educating the various stakeholders like policy makers, farmers, academia, industry, researchers and consumers about the importance of IPR and technology management. As Indian agriculture is attaining new vistas in development and agri-business is becoming increasingly global, it is time for a `fresh think' to prevail in the IPR debate by creating much more awareness among academia, industry, policy makers and public. The initiatives taken on these lines by the Indian Council of Agricultural Research (ICAR) and other governmental and non-governmental agencies are explained in this paper. A paradigm shift in agri-education policies is envisaged to build the capacity of agricultural professionals in view of dynamic changes in IPR and technology management areas.

3 illus, 1 table, 43 ref

010395   Ramli N;Zainol Z A (Universiti Kebangsaan, , 43600 UKM, Bangi Selangor, Malaysia, Email: shiqin@ukm.my) : Intellectual property ownership model in academia: an analysis. J Intellect Prop Right 2014, 19(3), 177-88.

University ownership model of intellectual property rights (IPR) has been widely used by universities around the world. With the new awareness of the importance of IPR, universities are keener to obtain ownership of any intellectual property (IP) created within the university in order to ensure smooth technology transfer and commercialization of the IP. This paper analyses other models of IPR ownership in order to boost invention and innovation within Malaysian research universities. Through the most appropriate ownership model for universities, it is expected that revenue generated from the university IP could be used to fund new research at the universities. However, with all the excitement to commercialize the university IP, inventors sometimes are left with little benefit from their inventions which dampen their motivation to continue with research and produce more new inventions. Malaysia as an emerging economy actively seeking to encourage university invention, commercialization.

3 tables, 52 ref

010394   Rahman S S (Law Dep, ASA University Bangladesh, Shyamoli, Dhaka 1207, Bangladesh, Email: sayma2205@gmail.com) : Industrial design in different jurisdictions: a comparison of laws. J Intellect Prop Right 2014, 19(3), 223-8.

Commercial success of a product nowadays largely depends upon its attractiveness and visual appeal. Design nourishes creativity in the industrial and manufacturing sector and thereby helps to expand commercial activities ultimately leading to economic development. For this reason companies use intellectual property laws to protect industrial designs which are important tools for branding. Brand names affirmed by industrial designs have become the most important strategic factor for an increasing number of companies. This article explains how intellectual property laws protect design and compares different design protection systems in the US, the EU, Australia and Japan. This evaluation shows that design protection is considerably different amongst these four developed countries. The article also highlights some of the most important cases relating to industrial design in these jurisdictions. These four countries account for a significant number of design registrations and applications globally. Moreover, these countries have innovated and developed the industrial design protection system which entails that a rigorous comparison of these design systems could provide valuable insights for other jurisdictions.

30 ref

010393   Pohl M (Pharmaceutical Patent Attorneys LLC, , Morristown, New Jersey USA, Email: Pohl@licensinglaw.net) : Patent infringement by ANDA filing. J Intellect Prop Right 2014, 19(3), 218-22.

Courts are in general designed to adjudicate past events (e.g., crimes and torts which have already occurred). Thus, for example, proving patent infringement merely requires showing the court the on-market product, and comparing it to the patent at issue. United States law, however, provides for a fundamentally-different kind of infringement: potential future infringement by a future generic pharmaceutical product which does not yet exist because it has not yet been approved for marketing. This type of infringement requires US courts to adjudicate future events, predicting the likely characteristics of the future generic pharmaceutical. In requiring a court to adjudicate a potential future event, this type of infringement can pose a unique evidentiary challenge to judges. This article discusses how US judges evaluate potential future infringement by generic pharmaceuticals in case of a `Paragraph (iv)' challenge of the Orange Book listed patents or a potential challenge to the patents envisaged on the Paragraph (iv) declaration.

7 ref

010392   Nair G G;Nair K;Fernandes A (Gopakumar Nair Associates, , Shivmangal, Akurli Road, Kandivli (East), Mumbai 400 101, Email: gopanair@gnair.net) : India's options for improving affordable access to lifesaving patented medicines. J Intellect Prop Right 2014, 19(3), 209-17.

On the lines of the cautionary observation made by the Hon'ble Supreme Court in Para 156 of the Lordships' order on Gleevec1, the ongoing patent litigations in India seem to be equalling or crossing the cost estimates of US patent litigations. Doha Declaration has not made affordable access to lifesaving medicines on expected lines. Exemptions and legal provisions enshrined in the Patents Act, 1970 (such as compulsory licence and regulatory exemptions) are also being denied and delayed through protracted litigations burdening the Indian pharma SME sector. Provisions of Section 107A(a) of the Patents Act,1970 are also being ignored by the Indian judiciary. It is, therefore, desirable to look at and evaluate options available to India for improving and facilitating affordable access to lifesaving medicines within the Indian patent legal system. Such options are discussed in this paper.

27 ref

010391   Mysore S (Indian Institute of Horticultural Research, , Bangalore-560 089, Email: sudhamys@gmail.com) : Technology transfer and commercialization - innovative model for strengthening research and industry linkages and valuation through public private partnership in agriculture. J Intellect Prop Right 2014, 19(3), 167-76.

Innovative technical knowledge, often packaged as `improved technology' is imperative for agricultural crop productivity enhancement. The effort of technology development is complete only when it is adopted by the end user as a product suitable for commercial application. It is thus important that university/research organizations understand industry needs or work in close collaboration with the industry. With a view to enhance university/research-industry linkages, augmenting `market driven research' and assigning `value' to innovative research, universities world-over have initiated technology transfer and commercialization efforts. Public sector lead university/research organizations are repositories of rich crop germplasm and skilled plant breeding that could offer unique solutions or provide a platform for modern improved technologies with effective pest and disease resistance traits. Use of such germplasm for developing varieties/hybrids with disease or pest resistance both by public and private sector research efforts is the order of the day. However, these could just be simple exchanges; or simple licensing between public and private sector units involving arbitrarily assigned value and not active partnership. A collaboration that not only enhances the value of the material in use, but also brings forth a multitude of benefits to society is a model that needs to be promulgated in emerging economies, especially while utilizing genetic resources. This paper presents three such models of public-private partnerships by Brazil, Chile and USA involving unique approaches of valuing improved genetic material that helped enhance the overall value of the end product and also promoted effective public private partnerships for emulation by other emerging economies.

1 illus, 2 tables, 27 ref

010390   Cook T (NO, , WilmerHale, 7 World Trade Center, 250 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : New EU guidelines on technology transfer agreements. J Intellect Prop Right 2014, 19(3), 229-33.

The recent revision by the European Commission of its Guidelines on Technology Transfer Agreements, as well as the Block Exemption which accompanies it, granting a safe harbour from competition law challenge for certain such agreements, makes it timely to review how these revisions reflect some of the recent controversies that have arisen at an EU level as to relationship between intellectual property and competition law.

16 ref