Wu H;Qu H
008411 Wu H;Qu H (NO, Center for Studies of Intellectual Property Rights, Zhongnan Economics, Wuhan, P R China, 430073, Email: hdwu@znufe.edu.cn) : Copyright law of China in knowledge revolution and economic globalization: modernization, internationalizaion and localization. J Intellect Prop Right 2013, 18(5), 465-74.
Since the 'Copyright Law of Qing Dynasty' was promulgated in 1910, history of China's copyright legislation has been a century long. However, the copyright law has not been well implemented in a fairly long period of time. After entering the second half of the 20th century, the development of science and technology and the advance of economic globalization make copyright law more important than ever before. Taking China's legislative history as route, this article discusses the themes of times of China's copyright legislation in the circumstance of knowledge revolution and economic globalization, which are modernization, internationalization, and localization. Taking changes in the relevant provisions of the copyright law as foundations, this article explores the theoretical researches of China's copyright legislation. Taking relevant legislative materials and the social, economic, and historical background as clues, this article studies the choice and process of China's copyright legislation. In addition, the third modification of China's Copyright Law is also dealt with in detail.
30 ref
Venkatesh P;Pal S
008410 Venkatesh P;Pal S (Agricultural Economics Div, Indian Agricultural Research Institute, Pusa Campus, New Delhi-110 012, Email: venkateshp@iari.res.in) : Determinants and valuation of plant variety protection in India. J Intellect Prop Right 2013, 18(5), 448-56.
Plant variety protection (PVP) is a recent phenomenon in the developing countries, and adequate evidence on the response of the seed industry to this policy change is lacking. This paper examines the trends in PVP in India and economic benefits accruing to the breeders. The results showed a significant growth in PVP, attracting participation of both the public and private sectors. However, there is some degree of crop segmentation with private sector mostly concentrated on vegetables and cotton and the public sector on food grains. Furthermore, 55 per cent of the applications from private sector were for new varieties, whereas 85 per cent of the public sector applications were for the extant varieties. The results of the logit model revealed that yield, adaptability, institute origin and variety traits were the major factors which influenced the PVP decisions. The hedonic pricing model indicated a price premium of 11-15 per cent for seeds of the protected varieties. The initial impact on other aspects of the seed system like growth in varietal development and public-private partnerships was also positive.
8 tables, 25 ref
Shen W
008409 Shen W (NO, Shanghai Jiao Tong Univ, KoGuan Law School, 1954 Huashan Road, Xuhui District, Shanghai-200 030, Email: shenwill2@gmail.com) : Protecting layout designs on printed circuit boards in China and some key industrial countries- new regulatory regime from a law and economics perspective. J Intellect Prop Right 2013, 18(5), 419-38.
This article examines the position in China and a number of leading industrial jurisdictions under the regimes of copyright, patent and design and argues that there may be good grounds for conferring intellectual property (IP) protection in the layout designs in printed circuit boards (PCBs), as a form of sui generis IP right. In particular, this article addresses IP protection for PCBs in China, a major manufacturing-dependent developing jurisdiction. Local manufacturers in developing countries such as China may make pirated copies of PCBs that have been copied from foreign manufacturers and use the boards in locally and cheaply made electrical devices. Therefore, the issue of IP protection for PCBs is not only a doctrinal inquiry into the parameters of IP law but also an inquiry into the policy interests and the balance of interests between industrialized and developing countries.
109 ref
Sattar A;Mehmood T;Malik W S;Subhan Q A
008408 Sattar A;Mehmood T;Malik W S;Subhan Q A (Management Sciences Dep, Bahria Islamabad Univ, Pakistan, Email: abdulsattar77@yahoo.com) : Patenting, licensing, trade, foreign direct investment and economic growth: a panel data analysis of middle and low income countries. J Intellect Prop Right 2013, 18(5), 475-84.
Transfer of technology through various channels like patenting, licensing, trade and foreign direct investment is considered as an integral component of economic growth both in developed and developing economies. The study investigates the impact of different technology transfer channels such as patenting, licensing, trade and foreign direct investment on economic growth for a balanced panel of 28 middle and low income countries over a period of 1975-2010 through fixed effect methods and the empirical results show that each channel affects differently in the sample countries. For full sample of middle income countries, only licensing and foreign direct investment are the most effective channels for the transfer of technology, while this is true for patenting and licensing in case of upper middle income countries. In lower middle income countries, licensing and foreign direct investment and in low income countries, only foreign direct investment have been found to be the effective channels for the transfer of technology.
2 tables, 35 ref
Hemmige N
008407 Hemmige N (NO, ILS Law College, Law College Rd, Pune-411 004, Email: nikitahemmige@gmail.com) : Piracy in the internet age. J Intellect Prop Right 2013, 18(5), 457-64.
Internet has created boundary-less territories and has helped in evolving a unique method to share and transfer information, growth of e-commerce and in creating a global platform for all nations and its citizens. Online piracy is a major flipside to this development. Rampant intellectual property (IP) infringements by way of unlawful reproduction and unmonitored downloads is a matter of concern. It is significant to take note of the laws that various countries have enacted and enforced in order to curb or at least regulate online piracy and related activities. Further, though the Copyright Act, 1957 and Information Technology Act, 2000 in India deal with certain facets of piracy, they do not conclusively deal with this menace. It is the need of the hour for India to draft and enforce laws which will address the current problem and also take into consideration the technological advancements that are likely to give rise to more of such complex issues. Formulating such a law in the near future will be a welcome change and will definitely give India the IP advantage.
27 ref
Dulakakhoria S;Jana T
008406 Dulakakhoria S;Jana T (NO, CSIR-National Institute of Science Communication and Information Resou, 14, SV Marg, New Delhi-110 067, Email: tkj@niscair.res.in) : Mapping innovation growth in the sports industry through patent data mining. J Intellect Prop Right 2013, 18(5), 410-8.
Present study aims at depicting the importance of patent data mining as a tool for mapping innovation growth in the sports industry and the precursors affecting/promoting this growth. Patent data generated from mountaineering sports equipments industry has been investigated, covering an eleven year aggregated reference period from 2000 to 2010. Geographical distribution, inventor, applicant and International Patent Classification (IPC) have been used as indicators to relate patenting activity with innovation growth in sports industry. A total of 1792 patent families representing 3504 patent documents were found to be within the scope of the study and were used for further analysis. Trends indicate an exponential growth in global patenting activity. In the United States of America, France and Germany, equal number of patents were filed by commercial manufacturers and individual inventors. In Asian countries like Japan, China and South Korea, individual inventors were far ahead of commercial manufacturers in filing patents. In the field of sports, equipment inventions and its up-scaling (i.e. production) are not limited to commercial manufacturers. Increase in lead user inventions indicates the existence of innovative gaps among the available sports equipment. By taking into account the needs of users, manufacturers can develop novel products which would help in getting a stronghold in the market.
6 illus, 2 tables, 18 ref
Cook T
008405 Cook T (NO, , Bird & Bird LLP, 15 Fetter Lane, London, EC4A, 1JP, UK, Email: Trevor.Cook@twobirds.com) : Revision of the European union regime on customs enforcement of intellectual property rights. J Intellect Prop Right 2013, 18(5), 485-90.
New Regulation on Customs Enforcement of Intellectual Property Rights will come into force throughout the European Union in January 2014. This new measure seeks to address some of the problems encountered with the old regime, but it leaves some problems unresolved. This article reviews the new regulation and compares it with the old. It also discusses how the major controversy that was associated with the previous regime, that of goods in transit, has been addressed outside the framework of this legislative change and is set to be further addressed by legislative change in the context of the forthcoming proposed revision of trademark law.
22 ref
Bucasio R D P;Silva E F D;Fierro I M;Peralta P P
008404 Bucasio R D P;Silva E F D;Fierro I M;Peralta P P (NO, Instituto Nacional da Propriedade Industrial-Praca Maua, 07-10 andar-sala 1010, Centro-RJ, CEP: 20081-240-Brazil, Email: ppereira@inpi.gov.br) : Pharmaceutical trademark examination and its implications for self-medication: parameters and examples in Brazil. J Intellect Prop Right 2013, 18(5), 439-47.
Self-medication, the use of drugs without any intervention by a physician or other qualified professional, is a very common practice in Brazil and poses a serious health risk, especially when the consumer is misled in the purchase of a particular pharmaceutical trademark. This work addresses the importance of considering the International Non-Proprietary Names, the Brazilian Nonproprietary Names (DCBs in Portuguese) and their prefixes, 'stems' and suffixes when examining a sign that will identify a drug as recommended by the World Health Organization. The paper presents a background on trademarks and some of their definitions, explains trademarks' functions and registrability issues, as well as the need for creating a global system of nomenclature for pharmaceutical products. Moreover, this work shows the Brazilian approach and comments on the queries carried out in the trademark database of the Brazilian National Institute of Industrial Property (INPI in Portuguese). Finally suggestions are proposed to improve the examination of signs that will identify drugs, seeking safe use by consumers.
4 tables, 17 ref
Barpujari I;Nanda N
008403 Barpujari I;Nanda N (NO, Energy & Resources Institute, Darbari Seth Block, IHC Complex, Lodhi Road, New Delhi-110 003, Email: indrani.barpujari@teri.res.in) : Weak IPRs as impediments to technology transfer-findings from select Asian countries. J Intellect Prop Right 2013, 18(5), 399-409.
Intellectual property rights (IPRs) are a contentious aspect of the international negotiations under the United Nations Framework Convention on Climate Change (UNFCCC) on technology transfer to developing countries for dealing with the problem of climate change. The debate on IPRs has been quite polarized; while developing countries want IPRs to be addressed as a barrier within the technology transfer discussion, developed countries assert that weak IPRs in developing countries constitute the major impediment to technology transfer. This paper examines broadly the IPR regimes of five emerging Asian economies - China, India, Indonesia, Malaysia and Thailand, with the aim of having a broad, objective overview of the state of IPRs in the Asian region. The IPR regime in each of these countries is objectively assessed on the basis of three parameters- TRIPS compatibility, enforcement and TRIPS plus provisions to determine the 'strength' of the regime in each country. On the basis of these findings, it can be concluded that the contention that weak IPRs in developing countries constitute the biggest barrier to technology transfer seems to be untenable. It however, acknowledges that developing countries still have a long way to go in terms of enforcement and building administrative capabilities as they lack necessary financial and human resources.
3 tables, 38 ref
Agitha T G
008402 Agitha T G (NO, Inter Centre for IPR Studies Univ, Cochin Science and Technology Univ, Kerala, Email: tgagitha@gmail.com) : Alternative incentive models delinking R&D costs from pharmaceutical product price. J Intellect Prop Right 2013, 18(5), 491-8.
Current incentive model based on the patent system is a failure in promoting pharmaceutical R&D addressing developing country health needs. It also blocks follow-on research and access to new pharmaceutical products to the impoverished lot, especially belonging to the developing countries. Thus it has become essential to think of an alternative incentive models delinking product price from the cost of R&D. An open access, collaborative research model, with prize fund incentive delinking costs of R&D from product price may be the appropriate incentive model for pharmaceutical R&D. It is also necessary to shift pharmaceutical R&D related issues from the trade fora to the human rights forum.
33 ref
Waziri K M
007290 Waziri K M (Faculty of Law, Abuja Univ, Nigeria, Email: Kmwaziri2003@yahoo.com) : Re-thinking the TRIPs agreement: history and analysis. Asian sci 2011, 6(1-2), 66-81.
Since when the TRIPs agreement came into operation in 1995, it has become an item in most international fora because the agreement itself did dominate the administration of intellectual property law in both domestic and international levels, while the developed countries are so very much comfortable with the TRIPs agreement, it seems most developing countries are not. As beautiful as the TRIPs agreement is and indeed a much better avenue for the betterment and development of the application of intellectual property the world over, it is of great importance to appreciate the fact that many scholars and practitioners did make interesting commentaries on the TRIPs agreement. However, most disturbing is the conclusion by these commentators that the TRIPs agreement will not as they observed assist the developing countries in their quest for faster development. They view certain areas of its provisions as anti-development in competitive terms. This work intends to look at the TRIPs agreement in its broad form, its history and general analysis of same. However, the most fascinating aspect of the work is to analyse why a rethink of the TRIPs agreement is desirable.
41 ref
Ijaiya H
002140 Ijaiya H (Private and Property Law Dep, Faculty of Law, University of Horin, Nigeria, Email: hakeemijaiya@yahoo.com) : Environmental rights in Nigeria and India. Int J Envir Dev 2012, 9(2), 153-60.
Environmental rights may be broadly categorized into two: substantive and procedural rights. Of the substantive rights, the right to a clean and safe environment is the most basic one and other related rights include the rights to safe drinking water, to clean air, and to safe food. The procedural aspect refers to the processes by which citizens may act to protect the environment. This includes the rights to environmental information, to participation in environmental decisionmaking and to access to justice. Nigeria and India do not have substantive provisions in their Constitutions that recognize the right to a healthy environment. Nigeria has imbibed the African Charter on Human and Peoples' Rights which expressly recognizes the substantive rights. India has read such rights into the Constitution. However, Nigeria and India have similar constitutional provisions on the protection of the environment contained in the Fundamental Objectives and Directive Principles. This paper analyzes the judiciary's roles in advancing the right to a healthy environment in Nigeria and India. The paper highlights the way the judiciary in Nigeria and India have sought to ensure access to judicial redress on environmental issues.
48 ref
Hombal S G;Prasad K N
000057 Hombal S G;Prasad K N (NO, Dravidian Univ, Kuppam, Andhra Pradesh) : Protecting digital intellectual property rights: a literature review. SRELS J Inf Mgmt 2011, 48(4), 399-413.
This article is a review of literature on Digital Intellectual Property Rights, the application of information and communication technology for providing information and rights, the role played by the professional librarians in protecting digital intellectual property rights while rendering information services to a much wider user community.
^iia56 ref
Ashwani Kumar;Yadav R S;Yadav A;Singh R K; Rajendra Kumar
023061 Ashwani Kumar;Yadav R S;Yadav A;Singh R K; Rajendra Kumar (Botany Dep, Ch. Charan Singh (P.G.) College, Heonra (Saifia), Etawah, Uttar Pradesh, Email: rajendrak64@yahoo.co.in) : IPR an effective tool to protect agricultural biotechnology. Pl Archs 2012, 12(1), 515-20.
Agriculturists, scientists and researchers face complex problems in decision while managing intellectual property rights (IPR) for agricultural research products. This article discusses the different forms and scope of intellectual property rights (IPRs) relevant to agricultural biotechnology and specific problems in patenting of genetic material, the problems related to deposit of material for obtaining the patent claim and the local, national and international conventions. It also explains patents, copyright, trademarks, trade secrets, TRIPs, UPOV, MTAs, Plant breeder rights (PBRs) and Fanner rights.
11 ref
Singh H R;Singh P R
020966 Singh H R;Singh P R (NO, , M-303, Dharma Apartments, 2 IP Extension, Delhi-110 092, Email: himanshuraman@gmail.com) : Entertainment network v super casatte industries: compulsory licensing in the copyright demystified. J Intellect Prop Right 2013, 18(3), 201-11.
Compulsory licences are exceptions to the exclusive rights of the copyright holders. If monopolistic conduct or exclusionary conduct of the licensor is observed, then it will create anti-competition in the market and kill potential. If these copyright holders by the exercise of their right refuse to communicate or withhold their work from public then it will affect public interest. India is a developing country, her economic, social and educational developments have to be accelerated and not retarded. Public interest cannot be put on stake just for the profit of one person. The Supreme Court's decision in Entertainment Network (India) Ltd v Super Cassette Industries Ltd can be rendered as an epoch-making case in the field of intellectual property. The case became all the more important as it involved wide ranging issues like interpretation of Section 31 of the Copyright Act and the purposive interpretation placed on it treading on a thin line balancing the public interest with commercial interest. The radio industry in India is one of the booming sectors. Out of 139 music companies around 69 are private radio stations. This paper reviews and critiques the decision in the case alongwith the law prevailing in other countries. This paper makes two important contributions bringing aspect of compulsory licences to the fore and providing step by step discussion on the above judgment. The paper also highlights anxiety of the industry and further suggests the way out of this.
40 ref
Mathew M
020965 Mathew M (Management Studies Dep, Indian Institute of Science, Bangalore-560 012, Email: mmathew@mgmt.iisc.ernet.in ) : From polarization to convergence: need to mend the broken patent system. Curr Sci 2011, 101(3), 279-85.
For more than two hundred years, the world has discussed the issue of whether to continue the process of patenting or whether to do away with it. Developed countries remain polarized for various reasons but nevertheless the pro patent regime continued. The result was a huge volume of patents. The present article explains the implications of excessive volume of patents and conditions under which prior art search fails. This article highlights the importance and necessity of standardization efforts so as to bring about convergence of views on patenting.
1 illus, 18 ref
Li Q;Wu S;Chen S;Ji J
020964 Li Q;Wu S;Chen S;Ji J (School of Economics and Management, Tongji Univ, 1239 Siping Road, Shanghai-200 092, PR China) : Reputation building to reduce risk of IP litigation and infringement allegation. J Intellect Prop Right 2013, 18(3), 259-71.
This paper explores why Chinese firms are easily subject to litigation and accusation of IP infringement, and how they can reduce these associated risks. The finding suggests that the negative reputation of IP abuses, penetration in high value-added area in terras of branding and R&D, entry in developed countries with sophisticated products, and passive response to litigation and allegation, are important reasons. Accordingly 4 framework is proposed to, stress well-intended reputation building for avoidance litigation and allegation. Three strategics are recommended to build reputation: getting technology and IP with joint venture and acquisition, getting technology and IP with R&D and patent application, and toughness against libation. Five Chinese case firms are used to illistrae these strategies. It seems to be the first study to incorporate reputation into IP defensive strategies, and therefore has great implications for firms from emerging economies which attempt to upgrade from labour-intensive to R&D and brand intensive enterprises.
2 illus, 5 tables, 58 ref
Lalitha N
020963 Lalitha N (NO, Gujarat Institute of Development Research, Gota, Ahmedabad-380 060, Email: lalithanarayanan@gmail.com) : Protecting traditional knowledge in Siddha system of medicine. J Intellect Prop Right 2013, 18(3), 272-82.
Siddha system of medicine (SSM) is an ancient system that is practised in Tamil Nadu in South India and in other Tamil speaking regions of the world. SSM focuses on addressing the root cause of the disease rather than treating the disease symptoms, and combinations of herbs, medicinal plants, animal and marine resources go on to make the required drugs. In the current: scenario where (a) pharmaceutical companies are increasingly turning to bio-prospecting to get useful leads and (b) side effects caused by the Pharmaceuticals are generating interest in research on the scope of personalized medicine, it is important that the various intellectual properties concerning SSM is protected on an urgent basis. The People's Biodiversity Register (PBR) is an ideal solution to the issue of economic and knowledge losses due to biopiracy and lacuna in protecting the intellectual property in SSM. A well documented PBR is an intellectual property registry of a village/region and would facilitate in appropriate sharing of benefits acquired from exploitation of bio-resources of a region.
1 table, 27 ref
Kant A
020962 Kant A (Institute for Law & Economics, Hamburg Univ, 36 Rothenbaumchaussee, 20148 Hamburg, Germany, Email: aditya@adityakant.com) : 'Efficacy' factors under section 3(d): a 'law and economics' perspective. J Intellect Prop Right 2013, 18(3), 212-29.
Undefined status of 'efficacy' under Section 3(d) results in a lot of legal uncertainty due to the possibility of its misinterpretation and misapplication. It may have huge social welfare implications. This policy research paper attempts to analyse various aspects of 'efficacy' from the 'law & economies' perspective. It calls for a reform imperative, i.e. legal-institutional reform and harmonization, not only at the national level but also at the international level.
2 illus, 1 table, 21 ref
Jain R;Rod M
020961 Jain R;Rod M (Sprott School of Business, Carleton Univ, 1125 Colonel By Drive, Ottawa, ON KIS 5B6, Canada, Email: michel_rod@carleton.ca) : Intellectual property management: assessing stakeholder knowledge regarding obtaining valid patent rights. J Intellect Prop Right 2013, 18(3), 251-8.
Intellectual Property Management encompasses creation, protection, and exploitation of intellectual property rights (IPRs) such as patents that play a critical role in research and development of intensive industries. Patent rights are known to provide significant benefits as they can be sold or licensed and form foundation for making, using, and selling industry-leading products, processes, and services. In order to obtain valid patent rights, however, basic knowledge of certain critical issues is considered essential among stakeholders. The authors assessed the basic knowledge of proper record keeping practices, ownership, and public disclosure among public and private sector organizations of various sizes across Canada in a variety of industries. They found that respondents had good knowledge of proper record keeping practices, assigning ownership of patent rights to the employers, and excellent knowledge of what constitutes a public disclosure. However, they had poor knowledge of what does not constitute a public disclosure and duration of the public disclosure grace period. The authors provided recommendations for implementing organizational processes for further educating stakeholders In obtaining valid patent rights for commercialization.
15 ref
Gupta P;Dhiman A K
020960 Gupta P;Dhiman A K (NO, Mewar Univ, Chittorgarh, Rajasthan, Email: praveenshrihari@rediffmail.com) : Indian patent act 2005 in perspective of biotechnological researchers, health and industry. Trends Biosci 2012, 5(1), 1-3.
It has been a challenge to understand the patentability matters in health care area in particular Biopharmaceuticals in India. Major biopharmaceutical companies have increased their investment in research and development from several million US dollars to several billion dollars in past decades. Now, these days big biopharma companies are focusing on extensive analysis of patentability and placing of strategies on patent portfolio management as it showed a pay off strategy in long run in health care area. Recently, Government's focus to address the needs of human health on emerging diseases, formulation of legislations, availability of off-patented biosimilars, tax-free incentives made this sector as a top priority sector for investment for many of global investors. Thus, outcomes from the research and development departments in way of patents are critical for the health of biopharmaceuticals. Globally big Indian Biopharmaceutical companies are also keeping eyes to patent their biological inventions to increase their longevity and monopoly in the market. Unfortunately, there are no clear criteria's for patentable matters in biotechnological inventions under Indian patent act 2005.
^iia11 ref
Dogra R;Dhiman V;Gupta N
020959 Dogra R;Dhiman V;Gupta N (Pharmaceutical Sciences, Amar Shaheed Baba Ajit Singh Jujhar Singh Memorial College of Pharmacy, Bela, Ropar, Punjab) : Intellectual property rights (IPR) and mechanisms for intellectual property protection (IPP). Int J pharm Sci Res 2012, 3(11), 1-4.
Authors have experienced a growing importance of intellectual capital and intangible assets and an increased tendency for firms and public institutions to privatize, by the use of patents or copyrights, their knowledge assets and creative expressions. Because control over the use of an intellectual property right (IPR) requires ownership or a licence, the growing importance of knowledge-based assets and creative expressions has been accompanied by recognition that patents and copyrights represent strategic assets for those who own and control them. It is therefore not surprising that, in recent years, the pace at which individuals, firms and the public sector are using IPRs to privatize knowledge-based assets and creative expressions has been accelerating. This trend has been enhanced by the view of many industry, government and international agencies that the privatization of the intellectual capital and knowledge-based assets of individuals and firms provides many advantages (for example, competitive advantage), and we have seen an increased enforcement of IPR regimes worldwide. Protection of undisclosed information is least known to players of IPR and also least talked about, although it is perhaps the most important form of protection for industries, R&D institution and agencies dealing with IPR. Undisclosed information generally known as trade secrets or confidential information includes formula, pattern, compilation, programme, device, method, technique or process. Protection of undisclosed information or trade secret is not really new to humanity; at every stage of development people have evolved methods to keep important information secret, commonly by restricting the knowledge to their family members.
^iia4 illus, 23 ref
Cook T
020958 Cook T (NO, Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : European union trademark law and its proposed revision. J Intellect Prop Right 2013, 18(3), 283-6.
There are two types of registered trademarks in Europe - those that are registered nationally and have only national effect and those that are registered at a European Union (EU) level and have EU-wide effect. The legal framework governing each of these has remained largely unchanged since the first was harmonised nationally throughout the EU in the early 1990s and the latter started officially to accept filings on 1 April 1996. Both aspects of this framework are now set to be revised following the recent publication by the European Commission of its proposals for so doing. These proposals provide an opportunity to review the progress of the EU trademark system to date.
17 ref
Collan M;Kylaheiko K
020957 Collan M;Kylaheiko K (LUT School of Business, Lappeenranta Technology Univ, PO Box 20, FI-53851 Lappeenranta, Finland, Email: mikael.collan@lut.fi) : Forward-looking valuation of strategic patent portfolios under structural uncertainty. J Intellect Prop Right 2013, 18(3), 230-41.
Strategic patent portfolios are intangible assets that technology oriented companies hold to secure their competitive advantage in the future. Traditionally, valuation of forward-looking strategic patent portfolios is more an art than a science, nevertheless, they play an important role in the future competitive advantage positioning of high-tech oriented companies. This paper: discusses forward-looking strategic patent portfolios and presents some new ideas on how numerical valuation methods could be used in framing the valuation of these portfolios. The basis on which the forward-looking far away from exploitation strategic patent portfolios are valued is crucially different from the valuation of 'in production' patents or already existing licensable IPRs, since future strategic patents must be based on vague information with structural uncertainty about the future. The authors show how flexible tools and analysis using the pay-off method can be used to solve these complex problems faced by companies; and illustrate the same using a numerical example.
4 illus, 2 tables, 44 ref
Asif E
020956 Asif E (Law Dep, Kerala Univ, Kariavattom Campus, Thiruvananthapuram, Kerala-695 581, Email: asife7@yahoo.com) : Exclusion of diagnostic, therapeutic and surgical methods from patentability. J Intellect Prop Right 2013, 18(3), 242-50.
Article deals with the exclusion of diagnostic, therapeutic and surgical methods from patentability. Ambiguities and uncertainties still loom large in the air with respect to exclusions of patentability relating to medical or surgical processes or those relating to the pharmaceutical or biotechnological industry. Uniformity in this area is still a distant dream even in this post-TRIPS era. Here, an analysis of the present scenario of patentability of the diagnostic, therapeutic and surgical methods is attempted. The distinct differences among the developed and developing economies with regard to the criteria and policies of exclusions from patentability,, particularly pertaining to areas having a strong relation to the public health realm are discussed. An attempt of comparative analysis in this area has also been undertaken. A strong patent regime in consonance with the principles of human rights and ideals of public health is the need of the hour. The benefits of enabling and exclusion clauses in the patent legislations should be balanced and constructed in such a manner as to protect the interests of the developed nations as well as to fulfill the needs and aspirations of the so called third world.
54 ref
Agitha T G
020955 Agitha T G (Inter Centre for IPR Studies Univ, Cochin Science and Technology Univ, Kerala, Email: tgagitha@gmail.com) : Trips agreement and public health: the Post Doha crises. J Intellect Prop Right 2013, 18(3), 287-93.
Though the Doha Declaration on TRIPS Agreement and Public Health has clarified that public health has predominance over private commercial interests, the victory of public health over trade interests appears to be momentary. The big pharmaceutical industries and the developed countries, using trade sanctions, effectively prevented developing countries from making full use of the flexibilities in the TRIPS Agreement procured by the Doha Declaration. Ultimately free trade agreements are made use of by developed countries to impose TRIPS plus obligations on developing countries. These developments once again ascertain that trade forum has its limits in protecting public health interests against trade interests.
36 ref
Zhongfa M
017920 Zhongfa M (Law School, Fudan Univ, 2005 Songhu Road, Shanghai 200438, China, Email: zfma@fudan.edu.cn) : Reconsideration of the essence of a patent and the missions of patent Institution: low rate of patented technology commercialization in China. J Intellect Prop Right 2013, 18(1), 47-55.
In China, the low rate of technology commercialization has been an indisputable fact for a long time, and up to now, no effective way to solve such a problem has been found. There are many reasons and one of them is that the nature of a patent, which is a kind of private property rights serving for commercial activities, and the missions of the patent institution, which are to promote the commercialization of the patented technologies, have been misunderstood or distorted. Therefore, it is of great significance both scientifically and to precisely grasp the essence of a patent and the missions of the patent institution; and in order to create favorable environment for improving patent quality and increasing technology commercialization rate, on the basis of the common recognition, China shall improve its patent legal system to respect the market-oriented rules which are the decisive factors for an inventor to apply for patents, and adjust the current patent funding policies to contain the activities of blind patent applications.
18 ref
Wardhan P;Manchikanti P
017919 Wardhan P;Manchikanti P (NO, Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, Kharagpur-721 302) : Relook at inventors' rights. J Intellect Prop Right 2013, 18(2), 168-73.
Leahy-Smith America Invents Act, 2011 brought in significant changes that transformed the very basis of the patent system; this included the shift from first-to-invent system of priority to first-to-file system, and the elimination of inventor's oath and declaration and the best mode defence. These changes are expected to achieve harmonization and simplify the patent administration system. This paper attempts to analyse whether administrative simplicity justifies protection of inventor rights under the current law. In the new system, the incentive/credit to inventors would be affected and the invention disclosure process rendered ineffective.
27 ref
Tien-Yuan C;Ming-Tzong W
017918 Tien-Yuan C;Ming-Tzong W (NO, Delta Electronics Inc Legal/IP Dep, 4F, No 10, Huzhu St, Banqiao Dist, New Taipei City 22048, Taiwan, ROC) : Patent-classification technology/function matrix - a systematic method for design around. J Intellect Prop Right 2013, 18(2), 158-67.
Technology/function matrix is a type of patent map. A technology/function matrix can reveal through the implemented functions whether a particular technology faces a high level or low level of risk and the extent of patenting in different technologies. By analysing the technology/function matrix, one can identify substitute technologies to implement the main functions in avoiding patent infringement. However, a technology/function matrix is very difficult to create, because the patents need to be read, analysed and structured into the elements of technology/function matrix numbering over hundreds or thousands. In this research, the authors propose a method to create a technology/function matrix needed to execute a patent search without reading or analysing patents. Through the proposed method anyone can create a technology/function matrix in a short time without the help of an expert irrespective of the number of patents involved. The technology/function matrix can then be used to design around a particular technology easily, quickly and effectively.
5 illus, 8 tables, 23 ref
Tehrani P M;Manap N A
017917 Tehrani P M;Manap N A (Faculty of Law, The National Univ of Malaysia (UKM), 43600 Bangi, Malaysia, Email: pmt_80@yahoo.com) : Urgency and benefits of protecting iranian carpets using geographical indications. J Intellect Prop Right 2013, 18(1), 72-82.
Objective of this paper is to analyse the effectiveness and sufficiency of current mechanisms in Iran to protect their carpet industry and the best way to improve current situation. In doing so, the existing treaties such as the Madrid Protocol, the Lisbon Agreement and the TRIPS Agreement and their differences are considered. This paper finds that the Lisbon Agreement and the Madrid Protocol are not sufficient to protect the Iranian carpet industry that encompasses Iranian traditions and skills transferred over centuries. The paper also points out some-loopholes in the law of protection of geographical indication within the existing conventions vis-a-vis those Iran has not been given access to. It is argued that the geographical indication of Iranian handmade carpets that is left semi-protected should be protected through a more acceptable agreement such as the TRIPS Agreement to suit the needs of such products.
22 ref
Reddy G B;Kadri H A
017916 Reddy G B;Kadri H A (Univ College of Law, Osmania Univ, Hyderabad-500 007, Email: kadriharun2001@yahoo.co.in) : Local working of patents-law and implementation in India. J Intellect Prop Right 2013, 18(1), 15-27.
Inventive activity is supposed to result in innovation, which further leads to technological advancement, industrial development and economic welfare. This is possible through local working of inventions. When it comes to patented pharmaceutical drugs, local working requirement becomes more crucial for it is concerned with health issues. Historically, patents in England have been granted with an intention to encourage local application of the invention through industrial establishment. In recent years, particularly after TRIPS, tremendous growth in patent activity has been seen. Local working of patents has been the most efficient way of transfer of technology which itself is one of the primary objectives of the patent system. However, it is noticed that these patents are not necessarily worked locally. This paper aims to examine the legal framework of local working requirement, its implementation and feasibility in India. This paper argues that, though there are favourable conditions for investment, patents are not worked in India on a commercial scale. The present trend of non-working of patents in India indicates that patenting is attractive merely due to the high economic gains from the large Indian market, and patented products are often imported with no actual transfer of technology. It also shows that the present patent system has deviated from its ultimate objective of socio-economic welfare.
43 ref
Raju K D
017915 Raju K D (Rajiv Gandhi School of Intellectual Property Law, IIT Kharagpur, Kharagpur-721 302, Email: rajukd@gmail.com) : Inevitable connection between intellectual property and competition law; emerging jurisprudence and lessons for India. J Intellect Prop Right 2013, 18(2), 111-22.
Laws on intellectual property rights (IPRs) and competition have evolved historically as two separate systems. The traditional role of competition law has been to promote efficiency in the market and thereby prevent market distortions whereas the role of IPR has been the promotion of innovations by granting protection and rights over inventions. The general perception is that there is an inherent tension between IPR and competition law. Proof for this is the rise in the number of intellectual property related competition cases in the recent past across jurisdictions. India too has had her share of litigations in the matter. The present study addresses the nexus between IPR and competition law in general with a focus on India. It also proposes to deliberate upon and discuss judicial decisions and policy measures undertaken in different jurisdictions so as to understand the nature of real-time disputes in other countries and to help formulate concrete guidelines for the effective working of Indian competition authorities and the patent offices. In conclusion, the study argues that the present Indian Competition Act, 2002 (as amended in 2009) is not equipped to deal with the interplay between competition provisions and intellectual property protection. It reflects on the lack of sufficient rules along with the deficit in sufficient case laws which makes the issue more complex and suggests that the Competition Commission of India (CCI) should come out with IPR and competition specific guidelines in order to deal with those cases.
63 ref
Mitra D;Modi A
017914 Mitra D;Modi A (NO, Hidayatullah National Law Univ, Uparwara Post, Abhanpur, New Raipur-493 661) : Pay 'n' play: public performance of sound recordings vis-a-vis copyright infringement. J Intellect Prop Right 2013, 18(2), 123-32.
Several public places such as restaurants, clubs, hotels, night clubs, airports, etc., play songs as background music to lighten up the ambience. These acts amount to communication of the copyrighted songs to the public or public performance. It is an essential right of the copyright owner or his assignee to control the public performance of his song. Hence, securing an appropriate licence on payment of necessary fees and performance rights is a prerequisite for such performance in public. But, many owners of such places, knowingly or out of ignorance indulge in playing songs without proper licence and recognition to the copyright owners of those songs. This article aims at discussing what qualifies as public performance for the purpose of securing a licence and the incidents thereof arising out of such licence. Also, broadcast as an important form of communication to the public is discussed along with a brief overview of the activities undertaken by the copyright societies in this regard. Indeed, the copyright societies have done their bit in securing proper royalties for such public performance by issuing notices and filing suits in the interest of their members.
54 ref
Lukose L P
017913 Lukose L P (NO, The Indian Law Institute, Bhagwan Dass Road, New Delhi-110 001, Email: lisrobin@gmail.com) : Minors' right under intellectual property rights laws: a myth or reality?. J Intellect Prop Right 2013, 18(2), 174-80.
In principle and practice there exists a clear divide between legal competence of minors and majors. A minor's agreement being void is wholly devoid of all effects: creating no contractual obligation and right. In this paper it is argued that the contractual incapacity attached to the minor is detrimental to him as far as the exploitation and enforcement of his innovative, creative and intellectual talents are concerned. The contractual incapacity averts him from commercially exploiting the fruits of his intellectual labour. The Indian laws on intellectual property rights do not debar minors from acquiring intellectual property rights. However, the contractual incapacity creates impediments on minors in exploiting the IPRs by entering into licenses or assignments.
22 ref
Lo C C;Lu S Y;Hsieh W H
017912 Lo C C;Lu S Y;Hsieh W H (Industrial Education and Technology Dep, National Changhua Univ of Education, Taiwan, Email: lucia@mail.ntcu.edu.tw) : Patent enforcement strategies in the united states: an integrative framework. J Intellect Prop Right 2013, 18(1), 56-66.
Growing international commerce in high technology products has increased the potential for cross border patent disputes. However, there is no consensus regarding the nature, structure and change of patent disputes in the context of international competition. Although patent protection is intended to promise a unifying measure of commercial protection, entrepreneurial practices may influence its efficiency. Investigations into how patent enforcement functions effectively and what drives competitors' decision to litigate are called for. This paper develops theories concerning the theoretical evolution of strategic management in patent enforcement from a firms' strategic international context. This paper begins with a literature review and discussions of previous empirical studies dealing with patent enforcement strategies and a framework is proposed. Cross-border trade disputes are highlighted and insights from various empirical studies are synthesized into an integrative framework that addresses the cost of litigation, characteristics of patentees, value of patent and innovation activities, and the development of six testable propositions.
1 illus, 1 table, 50 ref
Liu X
017911 Liu X (College of Literature, Law and Politics, China Univ ov Mining and Technology, Xuzhou, Jiangsu Province, P R China, 221 008, Email: liuxuefeng_6@163.com) : Global intellectual property right governance: from the perspective of structure-functionalism. J Intellect Prop Right 2013, 18(2), 143-57.
Using structure-functionalism as analyses method, this paper researches the functions of IPR NGOs, especially in the process of globalization, during which PR NGOs took active part in the decision-making and enforcement of IPR international rules. The paper tries to answer following questions: What kind of new structures emerged in global IPR system? Why would they play such important role in global IPR governance? How to realize their functions? What influence would they bring? It was found that in the process of globalization, the structure of IPR management has changed and non-government organizations always play a crucial role in the making and implementation process of IPR rules. These changes have led to manifestations of features of the system functions hitherto unseen. Multiple subjects have integrated and expressed their interest by negotiation and competition, which has had profound impact on the operation of global IPR rules. It was also found that, owing to existing conflicts, the pluralistic structure of global [PR governance in international organizations, sovereign governments, enterprises, NGO's, while aiding the whole IPR system to maintain a dynamic equilibrium state, also manifests some negative features and potential function.
25 ref
Liu W;Gu Z
017910 Liu W;Gu Z (Social Science Dep, Zhejiang Shuren Univ,
Technological protection measures (TPMs) widely used by content holders to control the access and the use of their content in the digital environment have been recognized by several important international treaties and the national laws of their member states. Due to the absence of a uniform definition of the scope of protection for TPMs, different implementation regimes have evolved. The approaches by the US and EU indicate the importance of striking a balance between the interests of copyright holders and that of the public and consumers in designing the implementation regime. It is sensible to develop an equitable system to achieve the comprehensive objectives of protecting copyright, increasing consumer welfare, promoting information dissemination, and encouraging fair competition. The experience of the US and EU is also a frame of reference for China's legislation.
2 tables, 33 ref
Li W;Xie X K
017909 Li W;Xie X K (Ningbo Institute of Technology, Zhejiang Univ, Zhejiang, China, Email: snowxxk@163.com) : Technology development and legislation progress: third party liabilities of internet service providers in China tort law. J Intellect Prop Right 2013, 18(2), 133-42.
This paper discusses about historical transitions of third party liabilities of Internet service provider (ISP) in Tort Law and Copyright Law of China. In the emerging period, drawbacks such as strong administrative legislation, limited valid duration of stipulations and unclear civil legislation characteristics existed in legislation, and the adjustment way in aspect of public law neglects civil remedy for the infringed. In the forming period, the legislation adjusts information network dissemination rights of copyright owners, performers, video & audio producers by transplanting system design highlights of DMCA. As a legislation model in the fusing period, Tort Liability Law (TLL) is featured in improving legal ranks, expanding adjustment scopes, updating legislation thoughts and balancing conflicts of interest. Where TLL 36 is applicable, it should be clear that the 36(1) does not classify ISP, and 36(2),(3) are not applicable for parts of civil rights; the 'notice' is just a component of requirement of liability, whereas 'take-down' measures are not limited to those stipulated in the article, and all that are able to stop tort information dissemination should be deemed as reasonable 'take-down' measures; TLL 36(3) is the subjective element for ISP to bear third party liabilities, and 'know' should be interpreted as 'knew or should have known.
35 ref
Huaiwen H
017908 Huaiwen H (NO, Zhejiang Univ Guanghua Law School, 51 Zhijiang Road, Hangzhou City, Zhejiang Province 310008, China, Email: huaiwen@pku.edu.cn) : Amendment to claims of granted patent under Chinese patent law. J Intellect Prop Right 2013, 18(1), 67-71.
Granted patent may have defects in its claims which affect its validity; and thus it is important for the patentee to find a process to amend claims in order to protect his invention. But a Chinese patentee may only do so in the centralized patent invalidation proceedings on strict-or precisely rigid-conditions. The Supreme People's Court of PR China, however, recently showed willingness to relax them. In Patent Reexamination Board (PRB) v Jiangsu Xiansheng Pharm Co Ltd et al., the Court held that a patentee may amend a claim in a manner other than that provided in the Guidelines for Patent Examination, rejecting PRB's rigid application of law. While patentees are applauding this development, there is risk of opening backdoor for poor patents, for the amended claims may be 'maintained' as valid without full examination. In the wake of the Xiansheng case, PRB should be required to do comprehensive examination in light of the whole patent regime to determine whether claims amended in invalidation proceedings meet all the statutory requirements for granting a patent.
10 ref
Dodeja K D
017907 Dodeja K D (NO, National Academy of Legal Studies and Research (Nalsar) Univ of Law, Hyderabad, Email: karishmadodeja@gmail.com) : Sheer 'film' of protection - an exercise in exhaustion. J Intellect Prop Right 2013, 18(1), 1-14.
Indian intellectual property rights scene has undergone a sea change in the recent past with the country becoming an active participant in the field, aspiring to maintain steady but precarious balance between the social value and private character of intellectual property. Currently, one of the most contentious issues, the principle of 'exhaustion of rights', has assumed supranational importance with varying levels of exhaustion for each kind of intellectual property. With the advent of new mediums to record cinematographic films and the increasing popularity/notoriety of the 'grey market', the issue of the level/kind of protection accorded to copyright in this work assumes great significance. A potential starting point towards addressing this issue is through an examination of the signal pronouncement of the Delhi High Court in Warner Bros Entertainment Inc v Santosh V G. This paper is an attempt to critically analyse the legal protection accorded to cinematographic films in the light of a conceptual understanding of principle of exhaustion of rights, an examination of the dictum of the Court and an appraisal of the Copyright Amendment Act, 2012. This has been done through a holistic understanding of the Indian law in contradistinction with the laws of the United States, United Kingdom and Europe on the subject matter.
42 ref
Cook T
017906 Cook T (Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1JP, UK, Email: trevor.cook@twobirds.com) : Future of copyright protection in the European union. J Intellect Prop Right 2013, 18(2), 183-5.
National laws within the EU as to copyright and related rights have been extensively harmonised over time. One of the main drivers for this harmonisation has been the aim of establishing a single European market in goods and services. But harmonisation alone can only achieve so much, and its limits are now being experienced. This article discusses the degree to which harmonisation alone has not been able to achieve a single market in products and services that are the subject of copyright and related rights, and what further legislative responses could seek to address this.
15 ref
Cook T
017905 Cook T (NO, , Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1JP, UK, Email: trevor.cook@twobirds.com) : Cumulative protection of designs in the european union and the role in such protection of copyright. J Intellect Prop Right 2013, 18(1), 83-7.
Designs are protected in the EU by a multiplicity of different, overlapping, intellectual property rights. Traditionally however there has only been limited scope in most EU member states to protect designs by copyright. This is set to change, as the result of an only recently appreciated interaction between legislative changes harmonising the term of protection for copyright works made back in 1993, a decision of the CJEU in 2009 as to the threshold of originality for copyright works generally, and another decision of the CJEU in 2011 as to the consequences in practice of a requirement in EU designs legislation that there be cumulative protection as between copyright and designs. This article discusses how this situation has come about, and what its significance for the future of design protection in Europe is likely to be.
17 ref
Cheng F C
017904 Cheng F C (Graduate Institute of Science and Technology Law, National Kaohsiung First Univ of Science and Technology, 2, Juoyue Rd, Nantz District, Kaohsiung 811, Taiwan, R O C, Email: fachang1@hotmail.com) : Legal protection of intellectual property: the changing attitude of US and its influence of Taiwan. J Intellect Prop Right 2013, 18(1), 39-46.
Protection of intellectual property has always played an important part in managing intellectual property which is crucial to the industry. The legal scrutiny to define the scope of intellectual property involves two aspects: firstly, infringement of intellectual property and the secondly, attribution of unfair competition to the intellectual property owner, especially in an infringing litigation. There are several important cases in the United States and heated debates on intellectual property legislation, pertaining to these two aspects of legal scrutiny, that are worth noticing. There is indication that the legal attitude in the United States is becoming increasingly more willing to respect the market function and lenient in protecting intellectual property based on the secondary liability of an Internet service provider or third party in certain situations. The changing legal attitude in protecting intellectual property in the United States definitely influences intellectual property management on the whole. The observations in this article highlight the fact that intellectual property management in future shall focus more on the self-governance mechanism rather than legal protection. In responding to the shifting legal attitude in the United States, Taiwan must pay more attention than ever before in developing an intellectual property management system since Taiwan's economy, particularly in relation to the IP industry, is closely associated with the United States. The corresponding Taiwan Intellectual Property Management System has emphasized the importance of self-governance and is briefly discussed at the end of this article.
2 illus, 17 ref
Bedi N;Bedi P M S;Sooch B S
017903 Bedi N;Bedi P M S;Sooch B S (Pharmaceutical Sciences Dep, Guru Nanak Dev Univ, Amritsar-143 005, Email: neenagndu@yahoo.com) : Patenting and R&D in Indian pharmaceutical industry: post-TRIPS scenario. J Intellect Prop Right 2013, 18(2), 105-10.
This paper studies the impact of a restructured patent regime on the R&D expenditure and the patenting activity of Indian pharmaceutical companies. The results indicate that there is an increase in both R&D investment and measured inventive output in the form of patents. The firms, which have paid very little attention to research and innovation in the past, are responding to the restructured IPR regime in novel ways. However, this effect appears to be highly concentrated in the technologically progressive large scale Pharmaceuticals while SMEs are yet to develop or acquire resources in order to survive in this competitive era.
6 illus, 21 ref
Agitha T G
017902 Agitha T G (Inter Univ Centre for IPR Studies, Cochin Univ of Science and Technology, Kerala) : Intellectual property regime and developing country health concerns. J Intellect Prop Right 2013, 18(2), 186-91.
Intellectual property, especially patents, are considered to be incentives for innovation and thereby expected to benefit society by making the products of innovation available to the society. However, the developing country experience shows mat such incentives focus on the market demand rather than the need of the society and this is more conspicuous in the health related innovation. This prompts one to think about alternatives to intellectual property based incentives in addressing the health concerns of developing countries.
16 ref
Agitha T G
017901 Agitha T G (Inter Univ Centre for IPR Studies, Cochin Univ of Science and Technology, Kerala) : Global public health: should the trade forum reign?. J Intellect Prop Right 2013, 18(1), 88-92.
Access to public health is a basic human right. Now the World Trade Organization, which is a trade forum, has a substantial role in regulating access to public health internationally. This is unfortunate since the motivating factor in the trade forum is trade concern rather than human right concern. Besides, trade forum is dominated by the developed country members and the health concern of the developing countries usually goes unattended. The World Health Organization, which is bound by its Constitution to ensure universal access to public health should intervene and use international law as an instrument to fulfil its obligation. In this paper is addressed the issue whether the trade forum should be allowed to reign the terrain of public health and the responsibility of the WHO in ensuring universal access to medicine using international law.
24 ref
Zhao L
012844 Zhao L (Center for China Information Security Law, Xi'an Jiao Tong Univ, Shaanxi Xi'an, P R China-710 049, Email: lilihellozl@yahoo.com.cn) : Information disclosure mechanism for technological protection measures in China. J Intellect Prop Right 2012, 17(6), 532-8.
With increasing cases of digital works being copied and pirated, technological protection measures have been greatly favoured by copyright owners for protecting the intellectual property in their digital works, while ensuring that these works can be used and disseminated. However, when any copyright owner or supplier fails to disclose the information of technological protection measures appropriately or effectively, damages such as privacy violations, security breaches and unfair competition may be caused to the public. Therefore, it is necessary to establish an information disclosure mechanism for technological protection measures, make the labeling obligation with regard to technological protection measures by copyright owners apparent and warning to security risks obligatory by legislation; effectively guarding against information security threats from the technological protection measures.
1 table, 17 ref
Yang D
012843 Yang D (Business Administration Dep, Trinity Univ, One Trinity Place, San Antonio, TX 78212-7200, USA, Email: dyang@trinity.edu) : Patent trolls: legit enforcers or harrassers?. J Intellect Prop Right 2012, 17(6), 573-7.
Since the turn of the century, 'patent trolls' have emerged as one of the most topical debates among patent holders. However, nearly ten years later, stakeholders are still unable to reach consensus as to the 'right' or 'wrong' of 'trolls'. Against this backdrop, our debates open with the landmark case of Blackberry between RIM and NTP to provide thoughts as to whether NTP is considered a troll. Then there is a focus on some conceptual issues surrounding 'patent trolls', and its origin citing relevant mini-cases. This column also lays out the fierce arguments for or against patent trolling among scholars and practitioners and reasoning for the trolling existence. The debates end with some reflections on the implication of patent trolling phenomenon on patent systems, particularly the US structure, subsequently, proposing some relevant solutions.
13 ref
Vasudeva V N
012842 Vasudeva V N (NO, Indian Law Institute, Bhagwan Dass Road, New Delhi-110 001, Email: vikrantvasudeva@gmail.com) : Open source software paradigm and intellectual property rights. J Intellect Prop Right 2012, 17(6), 511-20.
Open source software represents a paradigm shift in the field of software development. This new community based software development model, instead of relying on the conventional proprietary model of limited access, invites programmers globally, to freely copy, share, and modify the software. It is a misconception to believe that the general approach of open source software (OSS) towards IP laws and focuses on specific issues that emanate from the interaction of the OSS model with the existing intellectual property rights structure. How IP open source programs are placed in the public domain; they are very much protected by intellectual property laws, but distributed under terms which instead of being restrictive promote access. This way it challenges the established norms of all existing branches of intellectual property. The open source movement necessitates scrutiny; more than just being a new fangled approach, it catalyses debate regarding both the mode of software production and its protection. It is being used to propel arguments to revisit intellectual property jurisprudence. After all, the intention of the intellectual property-software system is to catalyse innovation and ultimately serve the society. How IP impacts on the OSS model and how OSS uses IP in a novel way to achieve its ends are discussed in this article.
75 ref
Manghutay A G
012841 Manghutay A G (Law Dep, Isfahan Univ, Azadi Sq., Isfahan, Iran, Email: gholizadeh@laws.ui.ac.ir) : Berne convention and the Iranian law: negative implications of the differences in the scope of application. J Intellect Prop Right 2012, 17(6), 559-67.
This paper compares Article 3 of the Berne Convention for the Protection of Literary and Artistic Works, 1886 with the corresponding Iranian provision. The Convention has three criteria for granting protection, i.e. nationality, habitual residence and first publication of the work in the Berne Union countries; whereas the Iranian law has only one criterion, i.e. the first publication of the work in Iran. Further, according to the Convention, the performance of a dramatic, dramatico-musical, cinematographic or musical work, the public recitation of a literary work, the communication by wire or the broadcasting of literary or artistic works and the exhibition of a work of art shall not constitute publication. These exceptions and their origins in the Convention in conjunction with the Iranian criterion leads to a total or partial gap of protection for Iranian authors or artists taking their works for first publication in the Berne Union countries.
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