008385   Yu Y (School of WTO Research & Education, Shanghai University of International Business and Economics, Gubei Road 620, Changning, Shanghai, China, Email: yuyangchina2008@gmail.com) : Reflections on recent developments of statutory public interests in patent-based section 337 proceedings. J Intellect Prop Right 2014, 19(2), 123-32.

After the recent amendments in 2011 and 2013 of the Rules of Practice and Procedure by the International Trade Commission (ITC), at least from the procedural perspective, complainants presently have been burdened with an increased cost of collecting adequate information concerning statutory public interests even before putting forward the complaint, in order to justify the desired remedy by virtue of indicating no harm to statutory public interest. This reflects the ITC's aspiration to make the final determination more precise and equitably justified on the analysis of public interest issues, so as to ultimately protect relevant domestic industries in terms of curbing intellectual property infringements in imports simultaneously without unduly sacrificing certain statutory public interest. Although the actual effect of the amendments in the long run still remains to be seen, the amendments possibly will generate some desirable results: first, from the perspective of law and economics, they are conducive to decrease the possible related adverse impacts in terms of negative externalities and increase economic efficiency; second, the amendments are also favourable to curb the existing 'patent troll' suits, although they are currently still not se ere, by means of adequate considerations concerning statutory public interests, so as to optimally achieve the ultimate legislative goal of Section 337 and third, it is evident that an interest-balanced. approach, in terms of more in-depth analysis of public interest, is better than the traditional all-or-nothing approach to some extent. Accordingly, a more equitable adjudication in terms of a better interests balance can be attained by utilizing the interest-balanced approach.

39 ref

008384   Pusceddu P (Faculty of Law, European and International Law Dep, University of Cagliari, Italy, Email: piergiuseppe.pusceddu@gmail.com) : Access to medicines in developing countries and free trade agreements: the case of the US-DR-CAFTA with focus on Costa Rica. J Intellect Prop Right 2014, 19(2), 104-12.

Scope of this paper is to provide an analysis of the impact of the IP provisions of a free trade agreement, the US-DR- AFTA, in the context of access to medicines in developing countries. The paper appraises whether the said provisions depart from the framework set by TRIPS, to which extent they create a more stringent framework by the inclusion of TRIPS plus provisions, heavily criticised because of their repercussions on the fundamental right to health. There is also an assessment of whether these provisions have determined a change of the related IP law provisions in the CAFTA Member State, Costa Rica, and whether access to affordable or indispensable medicines has been affected or not. In conclusion, some improvements are recommended along with an overall assessment of the IP provision of the country, as a result of CAFTA implementation.

1 table, 50 ref

008383   Pai Y (National Law University, , Sector-14, Dwarka, New Delhi-110 078, Email: yogesh.pai@nludelhi.ac.in) : Rational basis for FRANDly Courts Denying Injunctive Relief for SEPs Infringement. J Intellect Prop Right 2014, 19(2), 146-56.

Increasingly, courts across several jurisdictions are unwilling to grant injunctions in cases involving infringement of-Standards-Essential Patents (SEPs), the teleological reason being the unfair/inequitable outcomes due to the patentee gaining an additional market power not conveyed by the patent. The courts by evaluating the equitable factors deny injunctions based on an underlying logic that since a patentee is purely interested in deriving royalty on his patents committed by way of Fair-Reasonable and Non-Discriminatory (FRAND) licensing offers he may be compensated monetarily in lieu of an injunction. However, availability of adequate remedy at law coupled with lack of irreparable harm due to existence of FRAND commitment is not the only way to explain the rational basis for lack of injunctive relief when viewed through a theoretical and conceptual prism. This note chronicles the legal construct of patent injunctions from a comparative law perspective and articulates that the rational basis for denial of an injunction for alleged infringement of SEPs is due to patent law's inability to construe the 'right to exclude' and its relationship with SEPs protected market since it is fraught with conceptual and inherent definitional fallacies of assessment of `market power' that go beyond the pale of patent law and policy.

46 ref

008382   Nair G G;Fernandes A;Nair K (Gopakumar Nair Associates, , Shivmangal, Next to Big Bazaar, Akurli Road, Kandivli (East), Mumbai-400 101, Email: gopanair@gnair.net) : Landmark Pharma Patent jurisprudence in India. J Intellect Prop Right 2014, 19(2), 79-88.

In a short span of less than 10 years after the new WTO/TRIPS based product patent regime came into effect, there have been many landmark judgment from Indian Courts on interpretation of various provisions of the exhaustive (Indian) Patents Act, 1970, as amended. Eve though very large number of product patents have been granted during this period, patent challenges and infringement suits are limited to a few blockbuster molecules. Currently, litigations are in progress, including those in appeals as well as on matters remanded back to patent office. The landmark cases, in recent times, are dealt with, herein. Additional areas which may require judicial intervention arising out of the ambiguities in the Act and Rules are also briefly dealt with.

47 ref

008381   Koster C (Dennemeyer Associates SA, , Poccistr 11, 80336 Munich, Germany, Email: ckoester@dennemeyer-law.com) : Oppositions against European patents: Three successful examples of oppositions lodged by Indian Opponents. J Intellect Prop Right 2014, 19(2), 97-103.

Third parties interested in challenging the validity of European patents can do so in opposition proceedings before the European Patent Office (EPO). Opposition proceedings before the EPO are less cost-intensive than national nullity actions against national parts of European patents. Opponents are not always successful, but there are typically good chances to have a weak patent revoked. Three examples of successful opposition proceedings are discussed in this paper. The examples refer to pharmaceutical patents in which Indian companies were involved as opponents. As seen in these case studies, there are various objections which might be raised against the validity of a European patent, all of which could ultimately lead to the revocation of the protective right under attack. European opposition procedures can therefore be a powerful tool to eliminate unjustified patent protection and to clear the way for business in Europe.

18 ref

008380   Jeitschkot T D;Zhang N (Michigan State University, , Marshall Hall, 486 W Circle Dr, Rm 110, East Lansing, MI 48824, USA, Email: jeitshk@msu.edu) : On the challenges facing patent pooling in Biotehnology. J Intellect Prop Right 2014, 19(2), 113-22.

Role of patent law and patent practice especially in biotech has gained considerable attention of late as there are concerns that innovative efforts are stifled rather than fostered by intellectual property in the area. In this article, the authors survey some of the difficulties encountered in biotech when it comes to innovation and discuss aspects that touch on the efficacy of patent pooling to overcome innovation barriers. In light of a review of the related research literature addressing the area, it is found that analogies to other industries and areas of R&D are not insightful. As a result, it is concluded that further empirical research and theoretical modeling of patent pooling in biotechnology are needed in order to establish sound policy recommendations.

1 illus, 33 ref

008379   Jankowska M M (Civil Law and Private International Law Dep, Faculty of Law and Admini, University of Silesia, Katowice, Poland, Email: marlena.jankowska@interia.pl) : Ghostwriting in polish copyright law-a new perspective needed. J Intellect Prop Right 2014, 19(2), 133-40.

It is worthy of note that the so-called 'ghostwriting' contracts are subject to much debate under the copyright legislation of most countries. There is usually little concern where moral rights are perceived as waivable, which appears to be the current situation in most common law systems. However, in most civil law systems in continental Europe, where it may have been explicitly stated that these rights are not transferable (and sometimes unwaivable too), statutory law struggles to find the answer as to whether ghostwriting constitutes an unenforceable or even illegal activity. Yet, it is known that in the legal doctrine of certain countries (Germany, Switzerland) ghostwriting contracts are in principle allowed under copyright law. This paper provides a detailed analysis of the ghostwriting contract from a 'hometown' perspective, which happens to be Polish copyright law.

40 ref

008378   Higgins B W;Lessler J P (Blank Rome LLP, , Watergate, 600 New Hampshire Ave, N W, Washington, DC 20037, Email: jlessler@blankrome.com) : Weakening of pharmaceutical method patents: the federal circuit addresses the `FDA conundrum'. J Intellect Prop Right 2014, 19(2), 89-96.

US Food and Drug Administration (FDA) has strict requirements for generic drugs. These requirements may prevent a generic manufacturer from altering a drug product to unequivocally avoid patent infringement, and may also require a generic manufacturer to use a patented method for quality control purposes. These situations are called the 'FDA conundrum.' While Congress and the FDA desire to have generic drugs enter the market as soon as possible, the requirements FDA imposes raise issues of patent infringement that often take years to resolve. The Federal Circuit addressed these issues in the year 2012, in three separate cases: Momenta v Amphastar, AstraZeneca v Apotex, and Bayer Schering Pharma AG v Lupin.

18 ref

008377   Cook T (WilmerHale, 7 World Trade Center, , 250 Greenwich Street, New York, NY 10007, USA) : Court of justice recasts the EU Patent Term Extension System. J Intellect Prop Right 2014, 19(2), 141-5.

Legal framework providing for de facto patent term extension for pharmaceuticals has existed in the EU for over twenty years and a parallel one for agrochemicals for nearly fifteen. One might therefore be forgiven for thinking that by now the major features of this system were fairly well settled. However, the commercial importance of the products that it protects, being high value products in regulated sectors that have succeeded in securing a marketing authorisation, has meant that the system has attracted a disproportionate amount of litigation. The means by which such extension is achieved - the Supplementary Protection Certificate regime, and which combines concepts from both patent and regulatory law - is a matter of EU law and so is ultimately interpreted by a body - the Court of Justice of the EU - whose recent judgments in this field have upset settled expectations. The consequences of these judgments are still being worked through in the case law, but their origins lie in certain decisions made by national courts. This article traces how this situation came about and identifies some of the uncertainties that remain in the system.

15 ref

005265   Jefferson T;Srinivasan S;Bharadwaj K (NO, Low Cost Standard Therapeutics (LOCOST), Vadodara, Gujarat, Email: chinusrinivasan.x@gmail.com) : India's patent laws and the multinational pharmaceutical industry. Natn med J India 2013, 26(3), 129-32.

2 ref

000027   Jana T;Dulakakhoria S;Wadia N;Bindal D; Tripathi A (NO, National Institute of Science Communication and Information Resource, 14, SV Marg, New Delhi-110 067, Email: tkj@niscair.res.in) : Patenting trends among the SAARC nations: comparing the local and international patenting intensity. Curr Sci 2014, 106(9), 1190-5.

An attempt has been made in this study to present an overview of the patenting intensity of South Asian Association for Regional Cooperation (SAARC) countries. Patent data originating from SAARC countries from 1995 to 2011, filed through World Intellectual Property Organization (WIPO), European Patent Office and United States Patent and Trademark Office were collected and analysed. Annual intellectual property (IP) reports of India, Pakistan, Sri Lanka and Bangladesh patent offices and WIPO annual IP reports were used to congregate patents filed/granted in the respective patent offices. During the study period, inventors from India have been highly active in filling international patents, whereas a modest international patenting activity was observed in case of the remaining SAARC nations. At the country level, a comparison based on the domestic patenting intensity and relative quality indicators shows that Sri Lanka is the strongest scientific country among the SAARC nations.

6 illus, 3 tables, 9 ref

023233   Thawani V;Singh P (NO, Lata Medical Foundation, Vasantnagar, Nagpur, Maharashtra, Email: priyankadec08@gmail.com) : Circumventing the guillotine effect of intellectual property rights. J Res med Educ Ethics 2013, 3(3), 214-21.

This article aims to throw light on the different strategies involved in overcoming patent-related challenges in the generic industries. It is the inbuilt responsibility of the Government to ensure necessary steps are being taken to access low priced or free medicines to marginalised populations.

21 ref

022210   Regeena S (Agriculture (WTO cell) Dep, Government Secretariat, Thiruvanananthapuram-695 001) : Geographical indications registration- status and implications. Indian J Arecanut Spices med Pl 2013, 15(1), 3-9.

1 table, 2 ref

021170   Monga S (NO, Clinical Research and Medical Services, Fresenius Kabi Oncology Ltd, Gurgaon, Haryana, Email: mshivani2@gmail.com) : Overview of challenges involved in regulatory filing an approval process. LS-Int J Life Sci 2013, 2(1), 31-7.

The United States, Europe and Japan are a part of International Conference on Harmonization (ICH), hence, the technical requirements for registration of Pharmaceuticals follow the ICH recommendations. These countries require data as per the requirements of Common Technical Document (CTD). The CTD is organised into five modules. Module 1 is region specific and modules 2, 3, 4 and 5 are intended to be common for all regions. Rest of the region/countries insists on following ICH region for some data like stability, clinical trials, though it follows chiefly its own regulations. For instance, the ASEAN countries require data as per ASEAN CTD (ACTD), which is same as ICH CTD for data requirements organised in parts.

1 table, 10 ref

017958   Pai Y (NO, National Law Univ, Sector-14, Dwarka, New Delhi-110 078, Email: yogesh.pai@nludelhi.ac.in) : Standards-essential patients: a prolegomena. J Intellect Prop Right 2014, 19(1), 59-66.

Large variety of technology standards are encumbered by patents. Standard-setting organizations (SSOs) through their intellectual property policies require patent holders to disclose standards-essential patents (SEPs), along with a requirement to commit to Fair/Reasonable and Non-Discriminatory (FRAND) terms of licensing. However, the contractual and commercial aspects of FRAND are unclear at the time of formation of standards. An additional market demand may be created purely by virtue of the particular patented product being declared as a SEP leading to a certain kind of opportunism by patent holders who demand 'unreasonable' royalties, or alternatively, engage in patent hold-ups. Primarily, the disagreement on what FRAND actually means does not only pertain to the issue of fixation of royalties alone; there is strong disagreement over the very nature of a contractual FRAND commitment, and whether or not FRAND operates as a waiver for injunctive relief. Competition/antitrust authorities across jurisdictions have also launched investigations into possible abuses by patent holders in the SEP context. From a global economic law perspective, the World Trade Organization's trade based regime (TRIPS and TBT Agreements) also have a role to play in providing long-term solutions to resolve issues concerning SEPs.

45 ref

017957   Nair G G;Fernandes A (NO, Gopakumar Nair Associates, Shivmangal, Next to Big Bazar, Akurli Road, Kandivli (East), Mumbai-400 101, Email: gopanair@gnaipr.net) : Patent policies and provisions relating to pharmaceuticals in India. J Intellect Prop Right 2014, 19(1), 7-17.

Indian generic pharma industry has established a 'pride of place' as the largest generic manufacturer and supplier of essential and life-saving medicines to UNICEF, WHO, MSF and others. India has the largest number of manufacturing facilities approved by the USFDA and EDRM, etc. While the Patents Act and related IP laws are substantially TRIPS compliant and is reasonably well enforced, there is a need for substantial refinement in other pharma related laws such as Drugs and Cosmetics Act, Biodiversity Act. Need for more uniform and stringent enforcement of quality including upgradation of regulatory agencies is also called for. The Indian Patent Law which provides equitable balance between rights and obligation has also been hailed by all the third world countries and acknowledged, though reluctantly, by developed countries. Such a balanced patent law is essential to provide affordable access to essential medicines to the masses. An analysis of the policies and provisions of (Indian) Patents Act, 1970 and other pharma related laws are provided in this article.

48 ref

017956   Lei Z (NO, Indiana McKinney School of Law Univ, 530 W. New York Street, Indianapolis, IN 46202, USA, Email: lezhao@umail.iu.edu) : Beyond the US borders: a primary analysis of extraterritorial application of US patent law. J Intellect Prop Right 2014, 19(1), 27-32.

Intellectual property right is a critical part of international trade. In the process of international trade, protecting intellectual property rights from extraterritorial infringement is important for the US' intellectual property rights owner. Yet, all of the recognized intellectual property rights are territorial in nature and may not be protected extraterritorially. Overall, United States courts tend to favour United States plaintiffs over foreign defendants. In this article, the US laws which provide protection to patent rights from exterritorial infringement activities will be introduced and analysed. This analysis will provide valuable information for the international business community.

3 illus, 4 tables, 24 ref

017955   Cook T (NO, , 7 World Trade Center, @50 Greenwich Street, New York, NY 10007, USA, Email: trevor.cook@wilmerhale.com) : Proposal for a directive on the protection of trade secrets in EU legislation. J Intellect Prop Right 2014, 19(1), 54-8.

One of the last few remaining areas of intellectual property not yet to have been touched by EU legislation, that of trade secrets, is set to be harmonised at an EU level under a proposal for a Directive on the subject issued by the European Commission on 28 November 2013. This article outlines this proposal, the divergences in national laws in Europe that it seeks to overcome, and those aspects of the law of trade secrets which it does not address or which remain controversial.

25 ref

017954   Chen R;Sung-Yun S;Su-Ping T (Creative Product Design Dep, Southern Taiwan Science and Technology Univ, Taiwan, Province of China, Email: ocean@mail.stust.edu.tw) : Design patents for animated images: development trends. J Intellect Prop Right 2014, 19(1), 43-8.

Mobile devices have replaced computers and become the major tool to browse web pages. Such a result has enhanced the demand for animated image design and patent applications. Animated images, including graphical user interface (GUI) and computer-generated icons (CGI), are set to become mainstream applications in design patents. Taking the official database of animated images in the USA as the research sample, this study aims to analyse the animated image patents and their anticipated development trends. A total of 201 samples were screened for this study. The research concluded as follows: (1) The frequency of applications related to GUI and CGI increased annually and the number of GUI applications far exceeded that of CGI after 2010, showing that GUI is gradually replacing CGI and becoming the mainstream application in animated image patents. (2) The GUI applications focus on computers and mobile phones, indicating that the applications of computers and mobile phones are the major developments of GUI for the time being. It is worth noting that the number of applications of GUI patents with unspecified object is also increasing in the past years, revealing the diversified development trend of GUI, beyond the applications of computers and mobile phones. (3) An assignee analysis revealed Microsoft as the first enterprise to attain patent portfolios of animated images and has, to some extent, presented barriers to the entry of other enterprises. (4) As far as number of patent icons is concerned, seven dynamic icons have appeared in the US Animated Image Patent Gazette.

6 illus, 2 tables, 16 ref

017953   Baltatzis A;Marvin S (NO, , Kramer & Amado, P.C. 330 John Carlyle Street, Third Floor, Alexandria VA 22314, USA, Email: abaltatzis@krameramado.com) : Recent pharmaceutical patent decisions in the United States. J Intellect Prop Right 2014, 19(1), 18-26.

There has been a renewed interest of the Supreme Court of the United States in patent law, particularly with regard to pharma related patents. The overall trend in US patent law is the continued tension between the Court of Appeals for the Federal Circuit (the Federal Circuit), the patent specialty court in the United States which favours broad patent rights, and the Supreme Court of the United States, which uses its supervisory authority to reign in the strong patent rights advocated by the lower court. In this paper, recent important decisions with regard to pharmaceutical patents that highlight the Supreme Court's oversight of the Federal Circuit's patent decisions are reviewed. A survey of recent decisions that exemplify the Federal Circuit's broad view of patent rights, by expanding patent-holders' rights whether affirming or reversing District Court decisions that found patents invalid or unenforceable is also covered in the paper. These decisions may face appeal at the Supreme Court and result in similar reversal.

27 ref

017952   Bagheri S K;Casprini E (NO, Instituto di Management, Scuola Superiore Sant'Anna, Piazza Martiri della Liberta 24, 56127 Pisa, Italy, Email: s.bagheri@ssup.it) : Intellectual property paradoxes in developing countries: the case of software IP protection in Iran. J Intellect Prop Right 2014, 19(1), 33-42.

In the context of developing countries, scholars have started to report at least two paradoxical phenomena related to intellectual property (IP) protection: (1) weak appropriability regime despite having fairly good IP laws and regulations, and (2) increased demand for intellectual property rights (IPRs) despite low level of IP protection. Beyond these paradoxes, prior research suffers in varying degree from two common flaws: (a) they either considered de jure or de facto IP laws, but not both, and (b) they did not represent all developing countries, being mostly focused on China with no empirical support. This paper aims at addressing these gaps by exploring both de jure and de facto software IP protection in Iran as a less-researched developing country. The authors look at the de jure software IP protection and, then, empirically investigate the de facto software IP protection in the country. The results show that despite having multiple legal mechanisms for protecting software innovations, Iranian software developers consider the overall level of software IP protection offered as low. Paradoxically, a vast majority of the surveyed software innovators had applied for various available IP rights.

3 illus, 4 tables, 41 ref

017951   Anson C J;Pavithran K B (NO, Inter Centre for IPR Studies Univ, CUSAT, Cochin, Email: 777anson@gmail.com) : Pokkali rice production under geographical indication protection: the attitude of farmers. J Intellect Prop Right 2014, 19(1), 49-53.

In geographical indications (GI) protection, the position of the producer is significant since GI protection is granted to the association of producers who are responsible in maintaining the quality of the GI product. The certification and registration procedure decide and influence the market dominance and this remarkable reputation is of prime importance to producers of GI products. The GI certification is instrumental in providing immense opportunity and protection to producers from a particular geographical region. The attitude of these producers towards GI needs to be examined since their inclination and apprehensions about the GI system is vital for the protection to be used optimally. The present study is an attempt to assess the producer attitude towards the GI protection system.

1 illus, 3 tables, 20 ref

015849   Tripathy I G;Yadav S S;Sharma S (NO, Indian Institute of Technology, Hauz Khas, New Delhi-110 016, Email: ishita.tripathy@nic.in) : Research and development, patenting and performance: evidence from Indian pharmaceutical industry. DESIDOC J Libr Inf Technol 2012, 32(3), 228-32.

Indian pharmaceutical industry (IPI) has been largely influenced by the changes in the patent regimes in India. This paper, besides reviewing the evolution of IPI, studies the trends of research and development (R&D) and patenting of pharmaceutical firms and identifies the determinants of R&D. It examines the interdependence between R&D and patenting, and firms' overall performance. Secondary data analysis indicates that the product patent regime has impacted the R&D intensity of IPI firms. The analysis of primary data collected from 64 pharmaceutical firms identifies three distinct clusters of firms of IPI. The firms' performance, measured by the rate of capital employed by the three groups of firms, indicates that superior R&D and a large number of patent filings need not necessarily imply a better performance. The paper adds to the extant literature on IPI by bringing forth implications which are important for formulating appropriate action plans to enable pharmaceutical firms to efficiently employ their resources in the product patent era.

6 tables, 16 ref

015848   Paranjpe P P (NO, Patent Information System, CGO Complex, Seminary Hills, Nagpur-440 006, Email: paranjpe_pradeep@yahoo.com) : Patent information and search. DESIDOC J Libr Inf Technol 2012, 32(3), 197-203.

An important purpose of working of the patent system has been to ensure that the complete details of the inventions sought to be patented pass in the public domain. Governments compensate the inventor for this public disclosure by granting patent. However, access to this information was limited to the 'on site' availability in the patent offices and a limited number of libraries. Globalisation of economies forced international cooperation in the field of patents and this coincided with the advent of internet. Today more than 95 per cent of the patent information published worldwide is available on internet for anyone to access it freely without any user fee. However, except for those who are very closely associated with the patent system, it is still not understood that there is much more to patent information than being a reluctant disclosure of the invention by an applicant for patent who tries to hide more than what is disclosed. This article attempts to dispel the myths by explaining the nature of patent information and the contents of its carrier, namely, patent document. It further surveys the availability of the patent information on internet, explains the structure of the free patent databases including some basic features of searching patent information on internet.

10 ref

015847   Hombal S G;Prasad K N (NO, Dravidian Univ, Kuppam, Andhra Pradesh-560 035, Email: sghombal@gmail.com) : Digital copyright protection: issues in the digital library environment. DESIDOC J Libr Inf Technol 2012, 32(3), 233-9.

Copyright and intellectual property rights (IPR) have been established and extended over hundreds of years. Although initially developed to give a publisher control over the right to publish (copy) a work, they were extended to give rights to authors, painters, photographers, film producers, software writers, and many others. 'Access to information' is the buzzword of the recent past and today is essential in business, education, and research and has a direct impact on literacy levels, economic growth, and quality of life. Information hubs/houses like archives, libraries and museums, etc. have had a fundamental role to play in the development of a democratic society by enabling access for all members of the community to a wide range of knowledge, ideas, opinion as well as cultural, and scientific and educational information. Libraries provide access to digital material through a variety of legal constructs; license agreements, exceptions under national copyright law, legal deposit, and the public domain. Digital rights management (DRM) poses a threat. At worst, it can block access, at best it can inhibit by making access time-consuming and costly to arrange. Today, these institutions are crippled by a parallel harmonisation of limitations and exceptions thrust upon them by technology (digital) that serve the public interest, glorifying the 'rights' and de-meaning 'fair-use'. An attempt has been made in this article to introduce the issues concerning the copyright protection in the digital library environment.

14 ref

015846   Hirwade M;Hirwade A (RTM, Nagpur Univ, Nagpur-440 015, Email: hmangala@rediffmail.com) : Traditional knowledge protection: an Indian prospective. DESIDOC J Libr Inf Technol 2012, 32(3), 240-8.

Traditional knowledge is an important element of the intellectual and cultural heritage of indigenous peoples. It reflects their social and historical identity and significantly contributes to the future well-being and sustainable development. This paper analyses the features of indigenous knowledge, protection of traditional knowledge in India and its benefits, biopiracy issues, and Indian experience. It further discusses the national and international initiatives and Traditional Knowledge Digital Library, its benefits and outcomes against biopiracy.

3 tables, 34 ref

015845   Gokhale P;Kannan S (DLIS, Mumbai Univ, Kalina, Vidyanagari, Santacruz (E), Mumbai-400 098, Email: pratibha_gokhale@yahoo.com) : Retrieving patents: an overview for pharmaceutical industry. DESIDOC J Libr Inf Technol 2012, 32(3), 220-7.

PC Patent system worldwide, as known today, is about two hundred years old and existed in some form at least about four hundred years ago in parts of Europe. However, over the last twenty years the volume of patents has grown phenomenally with interdisciplinary and complex subjects and the existence of internet makes most of the information available in some form or the other and has thus made the searchers' quest more difficult. Thus, patent search has attained much greater significance as it is always interlinked with commercial gains. India too has observed a quantum leap in patent applications in the last decade. Organisations are attaching greater importance to patent filing and thus for patent searching too. Patent search, as a profession has attained a significant position in the area of intellectual property There has been several attempts to simplify and make the patent search more efficient and effective. The present paper provides an overview of the same.

2 tables, 28 ref

015844   Dahibhate N B;Patil S K (NO, National Chemical Laboratory, Pune-411 008, Email: nb.dahibhate@ncl.res.in) : Trends in Indian patent filing in chemical sciences: an analysis. DESIDOC J Libr Inf Technol 2012, 32(3), 214-9.

Paper analyses the trends in Indian patents filed in the area of chemical sciences during 1995 to 2008. It highlights the importance of patent literature in scientific developments and global trends in patent filings. A result of Indian patent filing analysis indicated that filing in India is increasing in the past few years and many public and private organisations are filing patents in India and in other countries for protecting the inventions. Among India patent filing activities, chemical and pharmaceutical sciences are the prominent areas. Individual inventors and assignees from private and public organisations are filing patents, but in India, Council of Scientific & Industrial Research (CSIR) is leading patent filer.

2 tables, 17 ref

015843   Burhan M;Jain S K (Management Studies Dep, Indian Institute of Technology, Hauz Khas, Delhi-110 016, Email: muqbil.burhan@dmsiitd.org) : Tools for search, analysis and management of patent portfolios. DESIDOC J Libr Inf Technol 2012, 32(3), 204-13.

Patents have been acknowledged worldwide as rich sources of information for technology forecasting, competitive analysis and management of patent portfolios. Because of the high potential of patents as an important indicator of various technology measurements and as econometric measure, patent analysis has become vital for corporate world and of interest to academic research. Retrieving relevant prior art, concerning the technology of interest, has been vital for managers and consultants dealing with intellectual property rights. Tremendous progress in the field of electronic search tools as of late has led to a specialised and less time consuming search capabilities even in the fields where search is mostly based on formulas, drawings and flowcharts. Online patent databases and various other analytical tools have given patent analysis an important edge, which otherwise required extensive and time consuming data collection and calculations. Patents provide valuable information which could be used for various purposes by industry, academia, and policy analysts. This article explores the various options and tools available for patent search, analysis and management of patent portfolios, for efficiently identifying the relevant prior art, managing their own patent clusters and/or competitive intelligence.

1 illus, 5 tables, 32 ref

012699   Neethu R;Shakeri Z (NO, Max Planck Institute of Intellectual Property and Competition Law, Munich, Email: rneethukinara@gmail.com) : My religion: my 'copy' 'right'. J Intellect Prop Right 2013, 18(6), 566-75.

This article looks at the recent developments in society in the context of copyright laws which have far reaching implication in any given society. It also examines connections between religion, law and social recognition. It pays particular attention to the attempts made to propagate beliefs which oppose international copyright laws and secure a cult in a given society; thus bringing to light a juxtaposition of religion being given recognition by law while the same tending to oppose the very foundations of it. The article also emphasizes that while convention emerges making footing on institution of religion, yet it cannot override law. The law on the other hand may be compelled by the reason of balance of scales to offer relief through recognition, but not quite one that sublimes the Themisian grip over the scales of justice. This requires an optimization on both the sides.

66 ref

012698   Lo C C (Industrial Education and Technology Dep, National Changhua Education Univ, Taiwan, Email: charles6303@gmail.com) : Strategic dimensions of international patent litigation- the experience of Taiwanese firms in the US legal jurisdiction. J Intellect Prop Right 2013, 18(6), 534-47.

This paper aims to assess the characteristics and impact of patent disputes by investigating cases of litigation between Taiwanese and US firms. The research reported is based on a design that combines insights gained from interviews with an in-depth case study of two significant US International Trade Commission (ITC) actions. In the former, semi-structured interviews were conducted in six firms while in the latter, the strategic response and potential impact of US patent disputes of two significant ITC investigations associated with Taiwanese firms were analysed to unravel the impact and strategic dimensions of cross border patent litigation. This paper finally arrives at recommendations to reconcile the strategic dimensions of patent litigation in an international trade environment.

3 tables, 35 ref

012697   Liu Y (NO, Law School, Peking Univ, Beijing-100 871, Email: yinliangliu@pku.edu.cn) : Tale of viagra patents: comparative studies of the global challenges in China and other countries. J Intellect Prop Right 2013, 18(6), 523-33.

When Pfizer patented its new discovery of second medical use of sildenafil globally for Viagra, it met extensive challenges in many countries, with reasons of, among others, obviousness and insufficient disclosure. As ruled by the courts or patent offices in several countries, patent claims should not go beyond what the inventor disclosed to the public, or it may violate the basic rationale of the patent system and be challenged. The story of the Viagra patent in China was uniquely significant. When the Patent Reexamination Board invalidated the Viagra patent, China received unusual criticism which believably imposed influence upon the judicial decisions. Transnational corporations and their agents were advised to respect and not try to interfere with administrative and judicial procedures in China, which might help establish a fair and efficient judicial system that would benefit both domestic and international parties in a long run. The reasons leading to such extensive failure of the Viagra patents in many countries, especially in a time of enhanced global IP protection are explored in this paper.

36 ref

012696   Jinjin W;Xiaobao P;Wei S;Xuehe Z;Xiaoyan S; Yuan Y (NO, School of Public Affairs, Science and Technology of China Univ, Hefei-230 026, China, Email: pxb1982@ustc.edu.cn) : Technical standards and patent pools: antecedents, formation and distinctions. J Intellect Prop Right 2013, 18(6), 511-22.

How do enterprises build an appropriate patent pool when technical standards are regarded as prerequisites and bases to establish them? This study addresses the issue by examining the technical standards and relative process implications of de facto standards and statutory standards. Based on statistics and research on patent pools with 34 technical standards from 1993 to 2012, this paper emphasizes on three formation characteristics of patent pools under technical standards: focus on the information technology industry, union of interests among companies with shared advantages, and formation of patent pools that are actively promoted by standard-setting organizations and third-party administrators. The formation process of the DVD and MPEG patent pools largely support this theory.

5 tables, 29 ref

012695   Gavrilovic N (Civil Law Dep, Faculty of Law 'Iustinianus Primus', 'Ss Cyril and Methodius' Univ, Skopje, Republic of Macedonia, Email: neno.gavrilovic@gmail.com) : Using you tube: practical consequences of the approach adopted by EU copyright law. J Intellect Prop Right 2013, 18(6), 556-65.

EU copyright law, in connection with exceptions and limitations to copyright, is far from harmonized. This paper examines exceptions and limitations in EU copyright law, with regard to the feasibility of the system established by the InfoSoc Directive. Factual situations of everyday use of works via YouTube and similar sites have been presented in order to establish whether the legal treatment of such uses as infringement of copyright is really the right path to take. Following the review of current developments in EU copyright policy, the paper argues the need for a system of copyright in which holders enjoy more limited rights. Nevertheless, due to the evident political infeasibility of the proposal, the paper argues the introduction of a general and broad fair use exception which would amount to a system of copyright protection which better aligns with the expectations and actual activities of ordinary people.

65 ref

012694   Dhamotharan P G;Selvaraj K N (Agricultural and Rural Management Dep, Tamil Nadu Agricultural Univ, Coimbatore-641 003, Email: dhamu.agri@gmal.com) : Determining consumer preference and willingness to pay for GI registered bananas. J Intellect Prop Right 2013, 18(6), 576-83.

Tamil Nadu State ranks second in the number of products registered under geographical indications (GIs) (24 products out of 193 registered GI). Consumer willingness to pay for GI products will be a very useful indicator for producer groups to assess the values of their products. Dindigul and Ottanchatram blocks of Dindigul district in Tamil Nadu were chosen to conduct the sample study with a statistical sample size of 300. It was found that 55 per cent of the consumers ate bananas once in a week. It was also found that majority of the consumers preferred to buy GI banana for its medicinal value (38 per cent) followed by perishability (29 per cent) and taste (21 per cent). Results of conjoint analysis showed that the most important of the three attributes evaluated with respect to affecting consumer preferences, is quality. In addition, the type of quality parameters accounted for nearly 60 per cent of the total attributes preferred (average) by consumers. This research suggests that the most important factors for preference is quality, particularly high medicinal value and keeping quality of GI banana. Thus, adoption of production practices to ensure the quality of GI banana is critically important for better price realization.

7 tables, 22 ref

012693   Cook T (NO, Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : Progress to date with the unitary European patent and the unified patent court for Europe. J Intellect Prop Right 2013, 18(6), 584-8.

Following political agreement in the European Council in June 2012, the EU enacted legislation to establish the European patent with unitary effect in December 2012 and most EU member states signed an international treaty in February 2013, outside the framework of the EU, to establish a Unified Patent Court with jurisdiction not only over the new European patent with unitary effect but also, subject to transitional provisions, traditional European patents designating one or more EU member states. The new system is likely to come into effect in 2015. The shape of the new system is coming into focus and this article reviews the progress to date in implementing it, what remains to be done, and what industry should be doing in preparation for it.

16 ref

012692   Chen R;Hsien-Tsung K;Ming-Hong W (Creative Product Design Dep, Southern Taiwan Science and Technology (STUT) Univ, Taiwan, ROC, Email: ocean@mail.stust.edu.tw) : Determining design patent similarity based on the ordinary observer test. J Intellect Prop Right 2013, 18(6), 548-55.

Era of industrial competitiveness is being unveiled as the number of patent applications continues to increase in Taiwan, and now design patent rights have become a major competitive domain for mature products. The focus of this study is to analyse through questionnaires, the public perception on whether products with similar appearance or external design would be deemed infringing. The study chose five benchmark cases of design patent infringement as study samples. A total of 126 questionnaires were distributed, and 117 of them were returned and valid. The results indicated that when the similarity level rated by test subjects is greater than 79 per cent, the ruling is likely to favour infringement whereas if the level of similarity is rated lower than 44 per cent, infringement will not be established. The results are fully consistent with judicial decisions. This ordinary observer test panel on the similarity level can be used to predict the result of a design patent litigation.

2 illus, 7 tables, 21 ref

012691   Agitha T G (NO, Inter Centre for IPR Studies Univ, Cochin Science and Technology Univ, Kerala, Email: tgagitha@gmail.com) : Global governance for facilitating access to medicines: role of world health organization. J Intellect Prop Right 2013, 18(6), 589-95.

Growing dissatisfaction with constant interference of trade regime with basic human right to health has necessitated the search for an alternative forum competent to take lead in the struggle for global access to affordable medicines, and thus it ended up with the World Health Organization. The WHO, in turn, recommended a Global Health R&D Treaty. Nevertheless, the clash between global health actors and the industry continues, occasionally affecting the WHO initiatives. Still, there is a room for hope.

29 ref

011611   Zekos G I (NO, Asylum Office of Thessaloniki, Police Building, Monasstiriou 326, Thessaloniki, Greece, Email: zekosg@yahoo.com) : Interrelation of intellectual property rights and competitiveness: FDI inwards and FDI outwards. J Intellect Prop Right 2013, 18(4), 338-50.

Spreading recognition of the importance of competition has been supplemented by a persistent process of globalization. In a knowledge-driven economy, the successful protection of IPR is emerging as a crucial ingredient for commercial success. The two bodies of laws are complementary because both pursue a welfare objective. IP laws do so by creating and defending the right of innovators to exclude others from using their ideas. Antitrust laws protect dynamic competition in the marketplace,: while intellectual property laws protect the means to receive earnings on the investments needed to innovate. The economic analysis utilizing the author's zekiprl index shows a complementarity of IPRs and competitiveness regarding FDI inwards and FDI outwards.

2 tables, 68 ref

011610   Upadhyay K K;Joshi M;Somppa J;Verma S K (ZTMC, ATIC, Indian Veterinary Research Institute, Izatnagar, Bareilly-243 122, Email: upadhyay_keshav@yahoo.co.in) : IPR status and issues in horticulture sector. Green Fmg 2012, 3(2), 248-51.

Intellectual property rights (IPR) issues, which are viewed increasingly as matters of social justice and human rights, are now debated by agricultural scientists, corporations, conservationists and governments. Foreign countries have patented number of plants as such and their products. Although climatic condition in India favours tremendous diversity of vegetation but still very less number of plants and their products is protected through IPRs. There is not much understanding and popularization of IPR issues over agriculture sector in general and horticultural sector in particular. India is bestowed with agro-climatic diversity and different varieties of horticultural plants are grown in tropical, sub-tropical and temperate region. In this article an attempt has been made to discuss status, issues and opportunities of IPRs in horticulture sector.

^iia1 table, 23 ref

011609   Ravi B (NO, Google India Private Limited, Divya Sree Omega, Survey No. 13, Kondapur Village, Hyderabad-500 081, Email: bhavishyavani.ravi@gmail.com) : Gene patents in India: gauging policy by an analysis of the grants made by the Indian patent office. J Intellect Prop Right 2013, 18(4), 323-9.

Patentability of genes has been controversial in the recent past. While the Patents Act, 1970 in India prohibits patenting naturally occurring substances, patents covering genetic material and nucleotide sequences have been granted. Owing to a lack of case law, this paper studies the patents granted by the Indian Patent Office (IPO) in order to understand the standards adopted by it in granting patents for nucleotide sequences. The paper examines the claims of five different patents along with available file wrapper documents/prosecution history documents to gauge the IPO's practice in granting such patents.

2 tables, 33 ref

011608   Piekut M (NO, The College of Social and Economic Sciences, Warsaw Technology Univ, Warsaw, Poland, Email: mpiekut@op.pl) : Polarization of the European Union: patent activity and R&D expenditure. J Intellect Prop Right 2013, 18(4), 330-7.

The aim of the article is the comparison of the number of the patent applications to EPO and R&D expenditure in select countries between 1990 and 2011. The data has been compiled from the Eurostat database. The analysis of R&D expenditures and patent applications showed that Sweden was at the top position, followed by Germany, Finland and Denmark. The further places are for the Netherlands, Austria and Luxembourg. At the end of the ranking are Bulgaria, Romania, Slovakia, Lithuania, Gseece and Poland.

4 illus, 1 table, 26 ref

011607   Matveev A G (NO, Perm State National Research Univ, 614990, Bukirev st, 15, Perm, Russian Federation, Russia, Email: la-musica@yandex.ru) : Copyright regulation in Russia: rejection of classical theories or legislative mistakes?. J Intellect Prop Right 2013, 18(4), 360-8.

Since 2008 standards determining the relationships in the field of intellectual property have completely been integrated into the Civil Code in the Russian Federation. This intellectual property law codification has introduced some principal changes into, the regulation of key institutes, one of which is copyright law. This article presents critical analysis of the Russian copyright regulation from the perspective of its correlation with the international law standards and traditional copyright legal theories. Comparative legal, historic and formal dogmatic methods are used in the analysis. The correlation between a Russian notion 'intellectual property' and related international standards is discussed in the article. A new category 'intellectual rights' for the Russian law is characterized. Correlation between exclusive and author's moral rights is analysed and the drawbacks in the regulation of these author's rights are revealed in the paper. In the author's opinion, Russian rights model to the integrity of the work does not comply with the Article 6bis of the Berne Convention for the Protection of Literary and Artistic Works.

16 ref

011606   Manap N A;Hambali S N;Tehrani P M (NO, Faculty of Law, National Malaysia Univ, 43600 Bangi, Selangor, Malaysia, Email: nazura@pkrisc.cc.ukm.my) : Intellectual creation in database: a superfluous test?. J Intellect Prop Right 2013, 18(4), 369-76.

Prior to amendment of Section 8(1)(b) of the Malaysian Copyright Act 1987 in the year 2000, copyright protection was conferred to a database product, provided that sufficient effort had been used in the making of the work. In contrast, the current Section 8(l)(b) requires a more stringent test of originality, i.e., it should be an intellectual creation. However, the ambiguity of meaning in the amended provision has resulted in problems in applying that section. The lack of precise definition of what amounts to a database in the Copyright Act has caused confusion on whether or not the newly introduced test of intellectual creation is needed. This is due to the fact that a database seems to be protected as literary work which itself is protected only on the basis of sufficient effort. This paper discusses originality requirements applicable to databases according to the Copyright Act 1987 and the ambiguities in the Copyright Act 1987.

40 ref

011605   Kant A (NO, Institute for Law & Economics, Hamburg Univ, 36 Rothenbaumchaussee, 20148 Hamburg, Germany, Email: aditya@adityakant.com) : Attempt at quantification of 'efficacy' factors under section 3(d) of the Indian patents act. J Intellect Prop Right 2013, 18(4), 303-15.

This policy paper attempts to develop a very simplistic theoretical model for helping patent authorities determine the patentability/patent-eligibility of a pharmaceutical invention. Though yet to be empirically tested, the proposed model (based on the wider interpretation of 'efficacy') may serve a very useful guideline, thereby lessening the arbitrariness and uncertainty in the application of the 'efficacy' standard under Section 3(d). This model has been proposed as part of a comprehensive reform in the extant patents regime in India. However, this domestic level reform has to be matched by a concomitant reform at the international level.

74 ref

011604   Gupta J (NO, National Law School of India Univ (NLSIU), Nagarbhavi, Bangalore-560 072, Email: juhigupta91@gmail.com ) : John Doe copyright injunctions in India. J Intellect Prop Right 2013, 18(4), 351-9.

Copyright protection has seen the creation of and resort to a variety of means to protect and preserve one's work from infringement. One such tool is John Doe orders, namely ex parte preliminary injunctions obtained against unidentified defendants, used to restrain and mitigate anticipated copyright infringements. Thus, they act as timely shields that are only enforceable by copyright owners upon actual acts of infringement being perpetuated and upon ascertainment of the identities of the respective John Does. However, one observes a dramatic development spearheaded by the High Courts of Delhi and Madras wherein John Doe orders are suddenly being granted with alarming regularity to movie producers in a bid to attack piracy of upcoming releases through different mediums. This paper argues that resorting to John Doe orders in India is coming at an extremely disproportionate social cost. They far exceed their legitimate ambit due to their unscrupulous implementation, the primary victim of which has been the Internet. The extent of 'Internet freedom' has been relegated to the mercy of these sweeping orders, jeopardising perfectly valid consumer interests and provoking serious concerns regarding legitimacy of arbitrary clampdowns for indefinite periods in the guise of countering copyright piracy.

55 ref

011603   Cook T (NO, Bird & Bird LLP, 15 Fetter Lane, London, EC4A, 1JP, UK, Email: Trevor.Cook@twobirds.com) : How Europe has learnt how to deal with exclusions from patentability. J Intellect Prop Right 2013, 18(4), 377-81.

Issue of subject matter that is excluded from patentability as not being patentable subject matter is one of lively current interest in the USA. European patent law, albeit under a different legislative framework, and one which unlike that in the USA specifically lists certain exclusions from patentability, has had to grapple with similar issues, but has over time largely resolved these so as to focus instead on the more familiar issues of novelty and inventive step. This article discusses how this resolution has taken place in Europe and what conclusions can be drawn from this experience for other jurisdictions.

12 ref

011602   Bhardwaj R;Raju K D;Padmavati M (NO, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, Kharagpur-721 302, Email: mpadma@rgsoipl.iitkgp.ernet.in) : Impact of patent linkage on marketing of genetic drugs. J Intellect Prop Right 2013, 18(4), 316-22.

Reasonable prices and innovation are two fundamental goals of health policies. On one hand, governments have the task of attracting FDI in the pharmaceutical sector and on the other hand, they have to control drug prices, quality and availability. There is continuous international pressure on developing countries to extend the scope of pharmaceutical patent protection beyond the TRIPS standard. Patent linkage is one such area which developed countries such as US are pursuing through bilateral or multilateral agreements. It is important to analyse the viability of patent linkage in developing countries. This article analyses the consequences of adopting patent linkage through the experiences of other jurisdictions.

31 ref

011601   Agitha T G (NO, Inter Cenre for IPR Studies Univ, Cochin Science and Technology Univ, Kerala, Email: tgagitha@gmail.com) : Impact of IP on public health: the developed country scenario. J Intellect Prop Right 2013, 18(4), 382-9.

Patents and data exclusivity affect health care costs even in developed countries and health care costs are rapidly increasing in those countries. Pharmaceutical product prices form substantial portion of health care costs and strong intellectual property protection is: one of the major reasons for high health care costs. High drug prices affect patient access to medicines and thereby universal healthcare coverage. Left to market forces universal health care coverage, which is a fundamental obligation of states will remain an unaccomplished goal.

39 ref

010528   Mathur V (NO, Lachoo Memorial College of Science and Technology, Pharmacy Wing, Jodhpur, Rajasthan, Email: vipinmathur75@gmail.com) : Patenting of pharmaceuticals: an Indian perspective. Int J Drug Dev Res 2012, 4(3), 27-34.

Patent is one of the major forms of Intellectual Property Rights (IPRs) used in the pharmaceutical industry. Trade mark, industrial design, geographical indication and copyright are other forms of IPRs available in India. Grant of patent in India is governed under the Patents Act, 1970. Significant changes like provision of product patents and increase in the term of patent to 20 years were introduced in the Indian patent law, after India signed TRIPS (Trade Related Aspects of Intellectual Property Rights) agreement in 1995. The review provides a brief overview of development of patent law in India as a consequence of TRIPS agreement. Criteria of patentability and different types of pharmaceutical patents currently being granted in India are described with the aim to provide the fundamental knowledge of pharmaceutical patenting to the researchers. Other relevant provisions related with patenting of pharmaceuticals like section 3(d), transfer of the patent rights, compulsory licensing etc. are explained with suitable example.

21 ref