012840   Jun S;Park S S;Jang D S (Statistics Dep, Cheongju Univ, Chungbuk-360 764, Korea, Email: hanyul@korea.ac.kr) : Patent management for technology forecasting: a case study of the bio-industry. J Intellect Prop Right 2012, 17(6), 539-46.

Patents are an integral part of intellectual property rights and contain substantial amounts of information on developed technologies. Thus, patent management plays an important role in addressing the competitive environment surrounding intellectual property rights. Technology forecasting is an important part of patent management. Any successful R&D strategy requires effective technology forecasting. This paper proposes a technology forecasting method based on various data mining techniques for analysing patents and a patent management approach using the result of technology forecasting. For case study, biotechnology-related patent documents from the US Patent and Trademark Office have been considered. The performance of the proposed method has been verified by this case study.

4 illus, 7 tables, 28 ref

012839   Cook T (Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : Has an agreement been reached on a unitary patent and a unified patent court for Europe, and if so, what is it ?. J Intellect Prop Right 2012, 17(6), 568-72.

At the end of June 2012 the European Council, consisting on this occasion of the heads of government of EU Member States, agreed on what has been presented as the final step on the long road to a unitary European patent and a court system in which it would be enforced. Although this agreement brings us closer than ever before to a unitary European patent and a single European patent court, the lessons of history are that this will not be the final stage in the process. Several hurdles still remain to be overcome before the new system is up and running.

1 table, 8 ref

012838   Arathi A (Hidayatullah National Law Univ, Abhanpur, New Raipur, Chhattisgarh-493 661, Email: arathiashok@hnlu.ac.in ) : Technology protection measures and the Indian copyright (amendment) act, 2012: a comment. J Intellect Prop Right 2012, 17(6), 521-31.

With revolution in the field of information technology and the availability of more works in the digital format, it became essential for the owners of copyright to resort to new mechanisms to protect their work effectively. The new mechanisms resorted to included technological measures and the law came in for further protection of these technological measures. The article looks into the extent of protection that technological measures enjoy under the Indian Copyright Act, 1957 and their shortcomings; and to what extent these are overcome by the Copyright (Amendment) Act, 2012, vis-a-vis US, EU and Australian laws, keeping in view broader public interest.

30 ref

012837   Andanda P (School of Law, Witwatersrand Univ, Johannesburg Private Bag 3, Wits 2050, South Africa) : Striking a balance between intellectual property protection of traditional knowledge, cultural preservation and access to knowledge. J Intellect Prop Right 2012, 17(6), 547-58.

Protecting traditional knowledge through the intellectual property (IP) regime performs the important function of preventing third parties from using the knowledge inappropriately. However, apart from being inaccessible to most holders of traditional knowledge (TK), the regime does not necessarily guarantee the preservation or safeguarding the knowledge. These concerns call for a consideration of avenues that can be used, particularly at policy making level, to strike a balance between protecting TK through the IP regime and ensuring cultural preservation and access to knowledge. This paper highlights the main challenges that are involved in striking this balance. Apart from utilizing available literature on these challenges, the main suggestions from the World Intellectual Property Organization, Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (the IGC) are analysed with a view to proposing directions that can help improve the manner in which TK is protected through IP.

49 ref

010828   Verma Thakur A (NO, KLAW/Krishnamurthy & Co., No 715, I Main, Indiranagar, I Stage, Bangalore-560 038, Email: vermaaditi28484@gmail.com) : Branding and business management: leveraging brand names for business advantage. J Intellect Prop Right 2012, 17(5), 374-84.

Smart branding of offerings is imperative for businesses today. Brand names in the contemporary commercial world not only serve as tools of competition in the global market-place, but also as a means of commercialization and business expansion. Utmost care is required while handling the brand name of a business at all stages, i.e., while selecting, protecting and enforcing a brand name on one hand, and while taking steps for its growth and development on the other. Key consideration is required to be given to the commercial as well as the legal aspects of branding and business management. An attempt has been made to generalize the outlook of business units with respect to their intellectual properties, viz., patents, design rights, copyrights, trade secrets and trademarks. It is also attempted to bring to light a few basic branding strategies, for which parameters have been defined. Using any or a mix of branding strategies, the business units can improve upon their branding models and leverage from their scopes. A branding model apposite to a particular business unit could greatly facilitate its sustainable growth and development in today's commerce-oriented system.

39 ref

010827   Thakur V P S;Ramacha S (NO, Brain League IP Services No 40, 2nd Floor, 3rd Main Road, J C Industrial Estate, Kanakpura Road, Bangalore-560 062, Email: vikramforever@gmail.com) : Pharmaceutical business strategy: a generics perspective. J Intellect Prop Right 2012, 17(5), 484-96.

With most blockbuster drug patents facing patent expiries, there is the threat of generic equivalents pervading and diluting the innovator market. This patent cliff is not only making the market more attractive to the established generic drug makers, but is also inviting innovators' interest in generic expansion. This article discusses the generic product entry routes in different jurisdictions (US, Europe and India) in the light of the nuances in legal provisions. It focuses on the various levels available for the entry of generic drug products such as safe entry, at-risk entry or by exploring licensing options. The article further discusses some strategies employed by innovator companies in order to extend the commercial benefit over a drug even beyond the term of the patent or related exclusivity. It discusses various business tactics employed by innovator companies such as development of follow-on drugs, creation of patent clusters, authorized generics, extensive branding and marketing, which help to delay or disincentivise the generic drug launch.

70 ref

010826   Scaria A G (Biodiversity Governance Research Unit, Center for Philosophy of Law, Catholique de Louvain Univ, Place Montesquieu 2, Lovain-la-neuve, B1348, Belgium, Email: arul.scaria@uclouvain.be) : Does India need digital rights management provisions or better digital business management strategies?. J Intellect Prop Right 2012, 17(5), 463-77.

The Copyright (Amendment) Act 2012 has introduced some digital rights management (DRM) provisions in the Indian Copyright law. While a comparative analysis of the new DRM provisions with similar legislation in the US and the EU shows a relatively better approach that reduces the detrimental effects posed by DRM provisions, the critical question that this study poses from a law and economics perspective is whether India really needs such legislation. The study argues that the new DRM provisions are against the interests of India for three major reasons. First, the legislature has adopted the legislation without engaging in a proper cost-benefit analysis of the DRM provisions in India. Second, the nature of piracy in India currently does not warrant such legislation. Third, the new DRM provisions will create a para-copyright regime, defeating some of the basic objectives of copyright protection. The study argues that the need of the time is better digital business management strategies and a better enforcement of the rights already guaranteed under the copyright law, rather than adoption of new DRM provisions under the copyright law.

77 ref

010825   Radhakrishnan V (NO, Connexios Life Sciences, 49, Shilpa Vidya, 1st Main, J P Nagar III Phase, Bangalore-560 078, Email: vinitaradhakrishnan@gmail.com) : IP strategy for drug discovery: a dedicated research firm's perspective. J Intellect Prop Right 2012, 17(5), 478-83.

Even though, dedicated research firms rely heavily on the strength of their intellectual property (IP) to strike a favorable licensing deal, they seldom have the bandwidth to maintain a dedicated IP team to strategize the IP in a fashion which would enable them to reap the maximum value from the IP generated. The article discusses how to approach the issue of designing an IP strategy from a dedicated research firm point of view.

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010824   Punnoose S;Shobhana V (NO, Karnataka State Law School Univ, Navanagar, Hublo, Karnataka-580 025, Email: shanelpunnoose@gmail.com) : The intellectual property audit. J Intellect Prop Right 2012, 17(5), 417-24.

This article endeavours to elucidate on the intellectual property (IP) audit and focuses on comprehensive procedure of the same, not only from an organization's perspective but from an auditor's perspective as well. The article also dwells on India specific IP audits, which are tad different from the audits in developed economies, although incorporating a few steps from the standard audits would yield enhanced outcome. The second part of the article endows with the factual scenario of IP audits in India. While generation of IP has become a routine affair, the technique of its management and protection continues to remain unidentified by most businesses. Thus IP audit plays a significant role in serving the purpose of reaping benefits from the IP generated. Additionally, it plays a key role in a circumstance which involves private/public funded research. In such a research deriving profits, protecting IP generated and commercialization of the same cannot be disregarded given the magnitude of the investments involved. Although ensuring a return on investment from IP has become a norm in today's economy, there still are entities whose primary focus is not generation and commercialization of their IP, but mitigating plausible risks that may arise due to negligence. IP audits have a pertinent role to play in such entities, as mitigating IP related risk is as important as its protection and management. One should also note that an IP audit is an optimum level exercise and seeks a high level focus for a profitable result. An uninformed mind coupled with non-co-operation from the entity in whole or part could not only cripple the effect of a sound/upright audit but also make it an expensive affair. Generally, an institution or the entertainment industry, like in the case studies illustrated in the article, may usually perform an audit every six months where generation of IP is frequent, while a technology based company can go for an audit once in two to three years based on their need/objective.

13 ref

010823   Pendsey N;Agarrwal S (NO, AZB & Partners, Express Towers, 23rd Floor, Nariman Point, Mumbai-400 021, Email: nandan.pendsey@azbpartners.com) : Taking an independent inventor's inventions to the market-challenges and issues. J Intellect Prop Right 2012, 17(5), 400-05.

The road of the independent inventor in India is ridden with challenges. The lack of an 'innovative ecosystem', funding, knowledge and awareness, often leaves the inventor without the chance to realize his potential. There needs to be a combined effort from both the Government and the private sector to invest more resources to create an environment that is conducive for the inventor. The costs incurred by the inventor on his attempt to acquire a patent are all exorbitant and unreachable. Rural India is often considered as a hotbed of innovation, where the inhabitants do not wait for the market to respond to their demands, but find innovative methods to meet their needs. Unfortunately, these geniuses are not able to take their inventions to the market and reap their benefits, nor the people enjoy from their inventions. This article explores the urgent need to revamp the approach taken by both private and public sector in the face of autonomous inventors in India, in favour of positive action to exploit their future potential. Further, it elaborates on the patent due diligence process along with citing case studies to strengthen the argument for a change in approach taken both by and towards the independent inventor.

5 ref

010822   Nithyananda K V (NO, Indian Institute of Management Tiruchirappalli, Thanjore Road, Tiruchirappalli-620 015, Email: nithyananda@iimtrichy.ac.in) : Alchemy and IPR- moneitizing intellectual property rights. J Intellect Prop Right 2012, 17(5), 406-16.

Business houses (intellectual property owners) invest towards R&D activities in order to generate intellectual property (IP) assets. They try to capitalize on the first-mover advantage provided by such assets to recoup their R&D investments, which sometimes may not be sufficient incentive. This insufficient incentive might affect the overall corporate strategy of the IP owners, and de-motivate them from making further investments thereof. In light of this, society coupled with the financial industry empowered with the evolving legal regime and the IPR regime, has come up with various IP monetizing mechanisms, which would help IP owners to augment their revenues and thereby recover their R&D investments. This paper examines: (a) how corporate strategy affects the IP strategy and the synchronization thereof; and (b) the various IP monetizing mechanisms that are becoming popular in recent years.

8 illus, 1 table, 23 ref

010821   Nair M S (NO, Mayo Clinic Ventures, 200 First Street SW, Rochester, MN 55905, USA, Email: manu@Mayo.edu) : Drug prices-how much is too much?. J Intellect Prop Right 2012, 17(5), 497-500.

Rising healthcare costs have made drug pricing a controversial issue worldwide. 'How much is too much' is a question that is consistently asked in this context. While there are several factors contributing to rising drug prices, strong intellectual property (IP) laws and the efforts of private sector to monetize such IP are widely blamed for such outcome. Hence, it is important to have art open discussion on this topic to analyse whether such blame is justified. An effort is made herein to perform a concise business review to shed light on the market realities around drug pricing and the important role that a strong IP landscape plays in driving innovation, quality and sustained growth of healthcare economy.

3 ref

010820   Mukundan R;Jain K (Shailesh J Mehta School of Management, Indian Institute of Technology Bombay, Powai, Mumbai-400 076, Email: mukundan@som.iitb.ac.in) : Enhancing a firm's strategic intellectual property management system- the role of patent quality. J Intellect Prop Right 2012, 17(5), 385-9.

Knowledge is supreme. Playing the knowledge game is a double edged sword and requires multi dimensional skill to engage prescience with strategic intent. Traditionally, strategic decisions in the intellectual property (IP) context have primarily been uni-dimensional towards maximising monetary value of the IP portfolios created. Research and literature has focussed on valuation of IP as a proxy for IP quality. However, there is a clear cut difference between IP quality and its valuation. The recent acquisition of Nortel Networks' IP (primarily patent) portfolio by a consortium of firms for US$ 1.5 billion is a live case to have a better understanding of how IP is both evaluated and valued. A shift in the approach towards technical quality helps to first reduce the surrounding noise of market valuation and relate directly to the core competency of a technology firm, which is developing technologies. Many a time, valuation supersedes validity, leading to mindboggling settlements later into the day. In the valuation route to quality, firms (both licensor and licensee) consistently face cases that reflect the dilemma of validity and valuation of the IP generated. In this work, the authors reason the necessity for firms to emphasize on the technical quality of their IP (patents). High technical quality of its patents provides a firm with multiple benefits - foundation for the firm to leverage over longer time, build on core competencies to achieve its strategic intent and have clarity of its contribution by being legally valid and technically valuable to be licensed.

1 illus, 2 tables, 12 ref

010819   Meyer R H (NO, , Austin, Texas, USA, Email: Robert_Meyer@utexas.edu) : Review and analysis of a selection of India's innovation, entrepreneurship, knowledge management and technology policy literature. J Intellect Prop Right 2012, 17(5), 390-9.

A substantial body of professional and academic literature addresses India's policy with regard to innovation, knowledge management, intellectual property rights, entrepreneurship, incubation, and, technology transfer and commercialization. Given the nature of the modern global economy, such matters are crucial to India's economic development. In the quest for economic growth based on knowledge assets, policy makers are wise to consider the degree to which the literature repetitively recommends similar improvements in policy formulation and implementation. The occurrence of repetitive similar policy recommendations in the literature likely indicates less than optimum linkage between policy goals and national resource utilization. Effective policy-making strives to foster the evolution of a dynamic value chain, facilitated by good policy governance, along which new technologies and innovations can move even more effortlessly towards the market. This paper reviews and analyses a selected literature sampling, sheds light on the scope of the body of subject literature, and, identifies reoccurring concerns and recommendations.

24 ref

010818   Kewalramani N;Sandeep Hegde M (NO, , A7/ 1702, Elita Promenade, 7th Phase, J P Nagar, Bangalore-560 078, Email: nishant.kramani@gmail.com) : Character merchandising. J Intellect Prop Right 2012, 17(5), 454-62.

Character merchandising started as a secondary source of exploitation in the entertainment industry and soon became the forerunner in terms of revenue generation. The temptation of jumping on this business wagon was too hard to resist for the various stakeholders of the entertainment industry, only to realize that the law in India has not caught up with this jet age business practice. This article aims at highlighting the core legal issues in character merchandising with specific emphasis on personality or celebrity merchandising. The article not only brings out the core conflict between the various existing laws in India that govern character merchandising in their own unique way, but also analyses the various court decisions that have had a far reaching effect on the way the entertainment and allied industries approach this business. Furthermore, the article makes an earnest attempt to suggest a dispute resolution model that tries to balance the interest of not only the celebrities but also the copyright holders.

1 illus, 19 ref

010817   Kankanala K C;Mishra R (NO, Brain League IP Services, No 40, 1st Floor, 3rd Main Road, J C Industrial Estate, Kanakpura Road, Bangalore-560 062, Email: Kalyan@brainleague.com) : The strategy of commons. J Intellect Prop Right 2012, 17(5), 425-9.

With the success of the open source and creative commons movements, the IP landscape has assumed a new face. In addition to open innovation and open standards, many open source like activities have taken shape. Companies have realized the importance of integrating open source strategy into their business plans and are developing strategies of commons that amalgamate IP with open source. The approach today is not either open source or proprietary model but how to blend the two for gaining business value. This article gives a bird's eye view of the strategy of commons in the light of integration of open source and commons into various business activities.

1 illus, 14 ref

010816   Kankanala K C (NO, Brain League IP Counsels, No 40, 1st Floor, 3rd Main Road, J C Industrial Estate, Kanakpura oad, Banaglore-560 062, Email: kalyan@brainleague.com) : Business value from intellectual property. J Intellect Prop Right 2012, 17(5), 369-73.

The value of an asset is measured by its business worthiness. Intellectual property enables companies build business and competitive value through exclusivity. The IP asset value of a company is generally much higher than its tangible asset value. Though all forms of IP are important, the value associated to a form of IP varies based on the field to which the company belongs. The integration of various activities ranging from building culture to effective portfolio management enables a company maximize business benefits from IP. Business advantage from IP is the outcome of putting together various best practices and vital steps in generation, protection and management of IP.

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010815   Kalluri S (NO, , F-1104, Mantri Tranquil, 7/9/13 Gubbalala Village, Subramaniam Pura, Bangalore-560 061, Email: shravan@brainleague.com) : Traditional knowledge and patent strategy. J Intellect Prop Right 2012, 17(5), 430-36.

For centuries, practices have been invented and passed on from generation to generation among various communities. Such practices cover areas such as music, dance, science and technology, medicine, etc. As innovations evolved across centuries,, the same practice as it stands today is collective knowledge accumulated across generations restricted to certain groups of people and passed on as traditional knowledge. These practices, forming an essential cultural attachment to a community, intend to promote community ownership over such knowledge. Many of these practices have recently picked up a trend of being the basis for novel inventions. While the nature of traditional knowledge is to promote community interests, the nature of patent law is to promote personal monopoly and profit. With the current commercial dynamics that dominate the world, there are many growing instances where traditional knowledge meets patent law. This article intends to find a solution/strategy by way of which, a mean path can be constructed between the world of traditional knowledge and the world of patents.

14 ref

010814   Kalamadi S (NO, Brain League IP Counsels, No 40, 1st Floor, 3rd Main Road, J C Industrial Estate, Kanakapura Road, Banaglore-560 062, Email: sharad.kalamadi@gmail.com) : Intellectual property and the business of sports management. J Intellect Prop Right 2012, 17(5), 437-42.

Sports which, for a very long time, was considered to be a recreational activity, has today become a thorough commercial activity generating elephantine profits. A major portion of this revenue flows from various activities such as branding, merchandising, licensing etc. which involve exploitation of the various intellectual property rights of sports clubs. In the process of forming a sports team or a sports club to organizing sports events, there is a huge amount of intellectual property created. Thus there arises an intersection between intellectual property rights and the business of sports. This article highlights various species of intellectual property associated with sports, their protection and various ways of their exploitation. The article also analyses various legal issues that arise often or are foreseen with respect to intellectual property and sports.

15 ref

010813   Garon J M (NO, NKU Chase Law & Informatics Institute, Nunn Drive, Highland Heights, KY 41099, USA, Email: garonji1@nku.edu) : Heart of the deal: intellectual property aspects in the law and business of entertainment. J Intellect Prop Right 2012, 17(5), 443-53.

In the globalized media marketplace, intellectual property rights of copyright, trademark, trade secret and identity interests 'remain the critical building-blocks of property interests and business structures. At the same time, traditional media categories are blurring as projects are increasingly created as transmedia social audience engagement platforms. This article introduces the primary intellectual property regimes necessary for the entertainment business and illustrates how traditional contractual relations among the key industry participants have evolved in the digitalized global environment.

44 ref

009715   Pardeshi C V;Rajput P V;Chaudhary K S;Patil G B (NO, R.C. Patel Institute of Pharmaceutical Education and Research, Shirpur, Maharashtra, Email: chandrakantpardeshi11@gmail.com) : Plagiarism in scientific research: needs lock-up to unlock the ethical publications. Curr Trends Biotechnol Pharm 2012, 6(1), 28-34.

Plagiarism, a concern of copying the text and claiming to be one's own, is posing a never-ceasing challenge for those engaged in scientific research and ethical publications. Committing plagiarism intentionally is a punishable act, violating the moral and intellectual property of original author. Researchers must be aware of this sensitive issue and it may be amenable to further exploit this prominent aspect. Plagiarism needs to be potentially explored and exposed to all those contributing to the scientific research so as to lock it up universally. The discussion is designed with a prime objective to provide an insight on how plagiarism is corrupting the scientific research and the keys to troubleshoot the declining reputation of the profession with special emphasis on pharmaceutical field. Herein, authors have tried to focus over the basics pertaining to plagiarism, a questionable fact in ethical publications. The manuscript could be beneficial to one who is at the entrance of research gate in scientific fields including pharmaceutical sector. The review embodies the fact that the plagiarism must be looked up by the researchers around the globe and awareness needs to be cultivated amongst them to foster the culture tied with honesty, and professionalism.

17 ref

007628   Zhong-fa M;Wei-na G (Law School, Fudan Univ, Shanghai, P R China-200 438, Email: zfma@fudam.edu.cn) : Impact of the 'tomato garden' software internet piracy case on combating copyright infringement in China. J Intellect Prop Right 2012, 17(1), 27-36.

The Tomato Garden software Internet piracy case, concerning criminal liability of copyright infringement has been widely discussed and the trial and judgment of the case have significantly influenced the legal system of combating copyright infringement in China, especially through information network. Prior to this case, there had been several provisions on criminal liability of copyright infringement in different laws and judicial interpretations on copyright protection, among which Article 217 of the Criminal Law was the most important one; but the contents of these provisions were vague and flexible, and it was a great challenge for the court to try copyright infringement cases. However, the Court of Huqiu District achieved great success in dealing with the Tomato Garden case and some of the views and decisions in the case were incorporated in the Opinions on Several Issues Relating to Application of Law to Handling of Criminal Cases of Intellectual Property Infringement (2011), which may be regarded as a crucial step in consummating the legal system of copyright protection in China.

22 ref

007627   Yang D;Sonmez M;Li Q (Business Administration Dep, Trinity Univ, One TRinity Place, San Antonio, TX78212-7200, USA, Email: dyang@trinity.edu) : Marks and brands: conceptual, operational and methodological comparisons. J Intellect Prop Right 2012, 17(4), 315-23.

People tend to use brands and marks interchangeably due to their similarities. However, they are often non-substitutable to each other. This paper systematically examines the similarities and differences of these two terms in conceptual, operational and methodological manners taking account of history and international dimensions. Such clarification is important given the increasing significance of marks and brands for all stakeholders (rather than consumers only). The paper starts with the definitional understanding about the two terms. It then focuses on the history of these two terms to reveal how their evolvement has been. Next, it discusses their similarities and differences, including the concepts, operations and measurements. The paper concludes with the implications of these clarifications for research and education, and for relevant stakeholders, such as managers, policy makers and consumers.

1 table, 26 ref

007626   Yang D (Business Administration Dep, Trinity Univ, One Trinity Place, San Antonio, TX 78212-7200, USA) : Software protection: copyrightability as patentability?. J Intellect Prop Right 2012, 17(2), 160-4.

The moment software was created was also the starting point of heated debates over software protection. During the early stages of protection, the debate was around the copyrightabiiity of software protection. Nowadays, the focal point is the argument on whether software should be solely protected under copyright or dually guarded by both copyright and patent. With the development of the software industry across the world, this issue has become more and more contentious internationally. This column of Global IP Debate opens with a software patent case and an open source case, and then traces the history of software protection to examine its protective evolvement. It next focuses on the currently heated debate of dual protectidn on software by laying out both sides of the arguments and reasoning. This debate ends with some possible solutions to engage readers' thoughts.

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007625   Yang D (Business Administration Dep, Trinity Univ, One Trinity Place, San Antonio, TX 78212-7200, USA, Email: dyang@trinity.edu) : Compulsory licensing: for better or for worse, the done deal lies in the balance. J Intellect Prop Right 2012, 17(1), 76-81.

Ever since compulsory licensing has emerged as a statutory obligation, it has been debated around the balance of interests between the general public and IP right holders. After opening two cases relevant and typical to the debate, this column clarifies compulsory licensing within the licensing contexts, and gives a brief account of its history. The focal point then centres on the main issues of compulsory licensing grants for national emergency, non-working, anti-competitive practice, non-commercial use and relevant international issues. In the end, some potential solutions are proposed.

11 ref

007624   Yang D (Business Administration Dep, Trinity Univ, One Trinity Place, San Antonio, TX 78212-7200, USA, Email: dyang@trinity.edu) : Patent system measurements: review, critique and proposal. J Intellect Prop Right 2012, 17(1), 7-19.

This paper reviews and critiques existing literature on means of patent system measurement across countries and accordingly proposes an integrated framework to advance this under-studied area by considering the impact of international organizations. The literature review reveals that studies have been conducted to measure patent systems across the world in diversely conceptual, empirical and methodological manners. The paper discusses all these differences and reveals their strengths and weaknesses. The proposed conceptual framework consists of three components: patent mechanism (e.g. patent laws), patent administration (e.g. patent filing and grant) and patent enforcement (e.g. judicial dispute resolution). The initial testing of this framework seems to show valid results and paves the way for further examination. This paper makes two main contributions: establishing a comprehensive framework to allow cross-country comparisons by firms and policy makers, and helping an effective process of patent commercialization through a critical understanding of strategic patent environment, thus allowing strategic decisions to be made to generate value from patents.

1 illus, 3 tables, 31 ref

007623   Vinayan S (Council for Social Development, Southern Regional Centre, Hyderabad-500 030, Email: soumyavinayan@gmail.com) : Intellectual property rights and the handloom sector: challenges in implementation of geographical indications act. J Intellect Prop Right 2012, 17(1), 55-63.

Actors at the local, national and global level, through their policies, institutional structure and processes, influence livelihood decisions irrespective of geographical setting. The introduction of intellectual property rights (IPR) under the WTO regime demonstrates how decisions taken at an international level affect millions of livelihoods across the globe. This has necessitated national governments to introduce new laws and legislation such as the enactment of Geographical Indications Act of India in 1999. The inclusion of Geographical Indications (GIs) under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of WTO has been acclaimed by developing countries for its potential to boost rural development, create wealth and protect traditional knowledge. The premium consumers are willing to pay for the GI registered product is inextricably linked to the quality of the product. This calls for a thorough re-organization of the supply chain to adhere to not only quality but also to ensure that the revenue arising out of GI is distributed equally along the supply chain. This necessitates strengthening of linkages between stakeholders at all levels to foster trust and facilitate access to market. In this context, the paper examines the key challenges involved in the implementation of GIs, a key component of IPR, in the traditional livelihood sector such as handloom weaving in India, drawing on the success stories of GIs from around the world.

24 ref

007622   Verma S K (Indian Society of International Law, , 9, Bhagwandass Road, New Delhi-110 001, Email: in_sk_verma@yahoo.com) : IP protection of software and software contracts in India: a legal quagmire!. J Intellect Prop Right 2012, 17(4), 284-95.

Software in India are protectable under copyright law as computer programmes, but the scope of a 'literal' part of a programme and the limits of substantial copying are not yet settled. Author's 'fair use' rights and licence use rights are similarly not, clear. Software per se is not patentable, but there are no guidelines as in when software is patentable under the Patents Act. But they are protectable as trade secrets under the common law. Software contracts, like any other transaction, are governed by common law principles as embodied in the Contract Act. Contracts can be in the nature of sale or assignment/licence, hence subject to different laws - Sale of Goods Act, Consumer protection Act, Competition Law, tax laws, apart from the relevant IP laws. Because of their peculiar nature, sale of software is not at par with the sale of goods; hence they are generally licensed where the owner has wider rights. Presence of the Internet element in licensing makes these contracts subject to conflict of laws. In contrast to open source licences, proprietary licences curtail substantially the 'fair use' rights. These issues require clarification through a proper legislation. This study examines the Indian law on legal protection of software and takes stock of the types of software contracts and the nature of licences that are generally entered into by the parties.

47 ref

007621   Thomas Z (Open Source Discovery (OSDD) & DG's Technical Cell, Council of Scientific and Industrial Research, Anusandhan Bhawan, 2 Rafi Martg, New Delhi-110 001, Email: zthomas@osdd.org ) : Overview of changes to the Indian copyright law. J Intellect Prop Right 2012, 17(4), 324-34.

The Copyright Amendment Act, 2012 has been enacted by the Government of India bringing changes to the Copyright Act, l957. The amendments make Indian copyright law compliant with the Internet Treaties, WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT). The amendments grant performers' rights to performers. While introducing technological protection measures, the law ensures that fair use survives in the digital era by providing special fair use provisions. The amendments have gone beyond the limited mandate of WCT and WPPT and made many author friendly amendments to 'streamline business practices, special provisions for disabled, amendments facilitating access to works and other amendments to streamline copyright administration. The purpose of this paper is to narrate the changes made in the Copyright Amendment Act. Wherever possible a brief rationale for the amendment as culled out from the Notes on Clauses of the Copyright Amendment Bill and from the Report of the Standing Committee of Parliament, is provided.

6 ref

007620   Tae-Kyu R;Yoo-Jin H (509-HO, Centennial Hall, School of Global Service, Sookmyung Women's Univ, 52 Hyochangwon Road, Yongsan-gu, 140-742, Seoul, Korea, Email: yjhan@sm.ac.kr ) : Indicator for evaluating national patent performance: comparative analysis among the 30 OECD countries. J Intellect Prop Right 2012, 17(2), 103-10.

In recent years, patenting has been considered one of the major drivers for enhancing national competitiveness and most of the advanced countries have been more actively enforcing patent protection. However, the indicators proposed in previous studies have not been able to deal adequately with the various dimensions of patenting, rather focusing on patent application counts. Therefore, in this research, a comprehensive patent performance indicator is proposed to provide a yardstick by which government policymakers can evaluate the whole process of converting patents into economic assets. The detailed steps of this research include: opting for the dimensions - creation, administration, utilization and environment (also the most emphasized in the prior studies) - in order to derive individual indicators; proposing a composite patent performance indicator by adopting the corresponding weights for each indicator calculated from the AHP method; and finally demonstrating the differences between the proposed indicator and the previous count-based patent indicator, and comparing the results for the 30 OECD countries.

6 tables, 26 ref

007619   Sinha R (Life Insurance Corporation of India, Mahrajganj Branch, Uttar Pradesh-273 303, Email: sinhaarahul@yahoo.co.in) : Insurance patents: Indian scenario. J Intellect Prop Right 2012, 17(2), 152-6.

The importance of intellectual property is well recognized in various industries but the Indian insurance industry has not yet opened its door to intellectual property. Whereas insurance companies world-wide are patenting various aspects of insurance products, the Indian insurance industry finds excuse in the argument that the Patents Act in India does not allow insurance products to be patented. The paper explores various forms of intellectual property, with special emphasis on patents, which can be used to protect insurance methods and products. It attempts to undo the misconceptions about patenting insurance products and suggests by example, that insurance products can be protected under computer programs category.

4 ref

007618   Sharma R;Saxena K K (School of Humanities and Social Sciences, Indian Institute of Technology, Indore, Email: ruchi@iiti.ac.in) : Strengthening the patent regime: benefits for developing countries - A survey. J Intellect Prop Right 2012, 17(2), 122-32.

This paper reviews theoretical and empirical literature that originated predominantly during and after TRIPS, focusing on the influence of changes in patent protection on developing countries. Previous studies identify two channels of gain for developing countries, from strong patent rights. Firstly, the promotion channel whereby, patent rights affect innovativeness of the South and concomitantly its economic growth. Theoretical studies do not give unambiguous hypotheses concerning the influence of patent protection on domestic innovation leaving it for empirical investigation. The empirical studies vary in their approach and produce mixed results. Secondly, theory suggests that the patent rights of the South facilitate the transfer of technologies from the North, by means of trade, FDI, and licensing. With reference to the technology transfer, though empirical studies yield some positive results, however, the vintage of the technology and its appropriateness still remain unexplored. The paper concludes that though patent protection has been made exogenous to economy, the impact of the same is still dependent upon the relative financial realities of an individual economy.

65 ref

007617   Sehgal D;Mathur S (School of Law, Campus XVI, KIIT Univ, Patia, Bhubaneswar-751 024, Odisha, Email: divyanshu.sehgal@gmail.com) : Rights and duties of broadcasting organizations: analysis of WIPO treaty on the protection of broadcasting organizations. J Intellect Prop Right 2011, 16(5), 402-8.

Transmission of data through a signal based approach has been made possible by the broadcasting organizations, but it has come at certain costs. The problem posed by incidences of signal theft induced the member states of World Intellectual Property Organization to create a new international tool in the form of a treaty to tackle this problem. The paper seeks to analyse this in the light of present legal regime where protection is granted to the broadcasting organizations, and whether granting further protection in the form of exclusive rights will serve the interest of developing nations or not. The representatives of developing nations have made it clear that if the treaty is not based on elementary and absolutely necessary rights, it should be abandoned. A study of the treaty makes it clear that the primary purpose of treaty is not to tackle signal theft, which makes its primary agenda ancillary in nature.

19 ref

007616   Ramos B D;de Moraes L R R;Fernandes V;de Souza C G (NO, National Institute of Industrial Property - INPI, R Mayrink Veiga, 09 - Centro, CEP: 20091-050 - Rio de Janeiro - RJ - Brazil, Email: cgsouza@cefet-rj.br) : Overview of geographical indications in Brazil. J Intellect Prop Right 2012, 17(2), 131-40.

A geographical indication (GI) is a certification that generates competitive advantage and adds value to the product and region in which it originates. Brazil, as a major exporter of agricultural products, presents significant potential for this type of protection taking into account cultural diversity, ecosystems and typical gastronomy. However, the GIs are little known and exploited in the country. This paper aims to present an overview of the geographical indications in Brazil, including aspects of legislation, actions being implemented, and the potential of the country to protect GIs.

5 tables, 30 ref

007615   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS and access to affordable drugs. J Intellect Prop Right 2012, 17(4), 305-14.

It is a well-recognised fact that many modern medicines, largely discovered and developed by the pharmaceutical I industry are in general unaffordable to the majority of patients in economically backward, developing countries. Since they constitute around 75 per cent of the world's population, it is a matter of great concern for the future of healthcare itself, if for the majority of world's population, access to medicines, which are patent protected, is denied. Problems of access to medicines are related to the problems of non-availability of disposable income among the population to meet their medical needs as well as the high and unaffordable prices of drugs. The issue that is now being debated is the impact of the TRIPS Agreement on the availability and affordability of much needed medicines for the poorer populations of the world and if there is indeed a negative impact, what are the possible modalities to reduce that impact and make drugs cheaper for deserving populations and developing countries? Between the flexibilities available in TRIPS Agreement and the Doha Declaration on Public Health, can Member Countries through appropriate legislative and administrative measures, safeguard the interests of their poor populations? Can governments in developing countries bring in appropriate legislations to ensure equitable access to medicines much like the Patient Protection and Affordable Care Act of Barack Obama approved by the US Congress in March 2010?

25 ref

007614   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR: geographical indication protection in India. J Intellect Prop Right 2011, 16(5), 429-30.

The World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to the implementation of the TRIPS Agreement endorsed by 153 member countries. WTO is therefore the most important body which monitors and influences working of global intellectual property rights protection in all its member countries. This opinion discusses protection of geographical indications in India.

007613   Nair G G;Fernandes A;Parmar K R (Gopakumar Nair Associates, Shivmangal, Akurli Road, Kandivli (East), Mumbai-400 101, Email: gopanair@gnair.net) : Post-TRIPS thrust triggers for Indian pharmaceuticals in the IP context. J Intellect Prop Right 2012, 17(4), 273-83.

The impact of the transition of Indian patent regime from pre-TRIPS to post TRIPS and the post-2005 product patent regime is discussed sequentially with evaluation thereof. Contrary to general perception and negative expectations, India appears to have driven through the anticipated 'rough weather', most successfully and creditably, largely thanks to the lawmakers making best use of the flexibilities permitted in TRIPS. The intervening Doha Declaration, wherein, the open unanimous admission of sovereign rights to incorporate measures for protecting public health and nutrition was adopted, also came in good time. With the entrepreneurial enthusiasm, due diligence and newly acquired patent proficiency, the Indian pharmaceutical industry has moved on to a globally dominant position at least as the leader of generic medicines. The early patent litigations have alerted and awakened the domestic pharmaceutical industry to take preventive or defensive measures as well as to go on the offensive where the patents are vulnerable. The awareness and practice of the new patent regime has helped Indian pharmaceutical companies to successfully redirect themselves to regulated markets with largest number of USFDA and EMA/EDQM approved manufacturing sites and large DMF/ANDA filings and approvals. The R&D allocations and IP protection by Indian Pharmaceuticals has also gone up creditably, even though early drug initiatives have not borne fruits yet. With increased Government funding and participation, the Indian pharmaceutical industry appears to be gearing up for entering the drug discovery band wagon too. The provisions adopted in the amended Patents Act, 1970 and decisions thereof, including the latest grant of the first compulsory licence, appears to be drawing considerable global attention and fair appreciation, for its equitable balance of rights and obligations.

5 tables, 19 ref

007612   Lu B (Nanjing Law School Univ, , No 22, Hankou Road, Nanjing-210 093, China, Email: Lbingbin@hotmail.com) : Best mode disclosure for patent applications: an international and comparative perspective. J Intellect Prop Right 2011, 16(5), 409-17.

The best mode disclosure requirement helps to ensure that the public receives a full and honest disclosure in return for the grant of patent. It has a profound theoretical basis and foundation. The best mode disclosure requirement is an optional obligation under the TRIPS Agreement in its Article 29. Among the most important developed countries that have implemented this disclosure requirement are the US and Japan; however, there are certain differences in their national laws and practices, especially with regard to the legal effect of this requirement. In the US, patent reform is tending towards removing the best mode disclosure from the list of reasons to invalidate a granted patent; although, the requirement will still apply to all patent applications during patent prosecutions. Developing countries are recommended to consider adopting the best mode disclosure requirement in their patent laws. It is proposed that patent applicants be required to disclose the best mode which shall be a substantive condition for patent grant; however, the failure to disclose the best mode may not constitute a reason to invalidate a granted patent. The objective of this article is to study the best mode disclosure requirement from an international and comparative perspective, and suggest how developing countries should implement this disclosure requirement. The article also seeks to answer to two questions: whether a developing country should implement the best mode disclosure requirement, and if so, how to best implement it?.

25 ref

007611   Liu W (Social Science Dep, Zhejiang Shuren Univ, <35>8, Shuren Street, Hangzhou, P R China, Email: wenqiliu@gmail.com) : Models for collective management of copyright from an international perspective: potential changes for enhancing performance. J Intellect Prop Right 2012, 17(1), 46-54.

This article reviews models for collective management of copyright and related rights. From an international perspective, there are several models of managing and operating collective management organizations, and each of them has its own characteristics. Effectiveness and efficiency of a collective management organization (CMO) depends heavily on whether a country determines the legal status of the CMO appropriately, the approach of right acquisition, the system of dispute settlement, and the measure of controlling CMOs' potential anti-competitive affects. Therefore, it is sensible for countries to develop a feasible model based on their unique situation. The article aims to describe different models under which CMOs operate, analyse the strengths, weaknesses, and conditions feasible for the CMO framework, and thereby suggest potential changes to enhance efficiency of controlling copyright.

1 table, 34 ref

007610   Jeon J;Lee C;Park Y (Industrial Engineering Dep, Seoul National Univ, Gwanak 599 Gwanak-ro, Gwanak-gu, Seoul-151 742, Republic of Korea, Email: hwan63@snu.ac.kr) : How to use patent information to search potential technology partners in open innovation. J Intellect Prop Right 2011, 16(5), 385-93.

With the increasing trend towards collaborations for innovation across organizational boundaries, the strategic gravity of exploring potential technology partners has been accentuated in the paradigm of open innovation. However, as the openness across nations or industries has become broad, the conventional approaches to searching external partners have encountered a number of difficulties. Therefore, this paper aims to propose a systematic approach to searching potential technology partners using patent information which is accessible from anywhere. To specify the meaning of patented inventions more specifically, the inter-relationships of words in patent documents are taken into account, instead of simple use of technological keywords. The design of the proposed approach is comprised of three consecutive steps: data collection and preprocessing, transforming patent documents into co-occurrence vectors with the aid of text mining technique and domain experts, and deriving potential technology partners via a similarity indicator. A case study of the automatic car washing technology has shown that this method has advantages over the conventional keyword-based patent analysis in terms of significance. It is believed that the suggested approach can facilitate decision making in technology partner selection, and can serve as a starting point for a more general model.

6 tables, 43 ref

007609   Cook T (NO, , Bird & Bird LLP, 15 Fetter Lane, London, EC4A IJP, UK, Email: trevor.cook@twobirds.com) : Online intermediary liability in the European union. J Intellect Prop Right 2012, 17(2), 157-9.

One of the greatest challenges faced by legal systems throughout the world in recent times has been how they approach the question of the liability of online intermediaries for the infringement of intellectual property rights that can take place, without actual knowledge on their part, over their networks or on their platforms. Such online intermediaries can take a wide variety of forms, but specific types of 'real-life' online intermediary whose activities have now been the subject of a considerable body of litigation, both in the EU and elsewhere, are access providers, search engines, the operators of online marketplaces, and those who provide platforms for user generated content. In the EU the status of the first three such online intermediaries has now been considered by the Court of Justice of the EU (CJEU).

8 ref

007608   Cook T (Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : Stem cell patenting in the European Union. J Intellect Prop Right 2012, 17(1), 73-5.

As a European intellectual property lawyer, the author is often struck by the amount of comparative analysis in the area of intellectual property which adopts US intellectual property laws, rather than European ones, as their point of comparison. This seems strange when in many respects US intellectual property laws have their own unique features and when European such laws are often more closely aligned with the laws of most other countries in the world. This series of articles aims to expand knowledge of and to explain something of European intellectual property laws; how they got to their present state, what are current hot topics in them, where they are heading and why they matter. This third article in the series will focus on stem cell patenting in the European Union.

9 ref

007607   Cook T (Bird & Bird LLP, , 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : How IPRs, like nature, abhor a vacuum, and what can happen when they fill it- Lacunae and overlaps in intellectual property. J Intellect Prop Right 2012, 17(4), 296-304.

From time to time some activities which many believe are already or should be, protected by intellectual property, prove in fact not readily to be the subject of any particular IPR. In contrast a particular activity may sometimes be the subject of multiple overlapping IPRs. The former situation can produce responses such as attempts to stretch existing IPRs beyond what might be thought to be their natural limits, or suggestions for the introduction of new IPRs. The latter situation can involve attempts to draw boundaries as between IPRs to minimise overlap between them. This paper examines various examples of such situations, including those of computer programs and Pharmaceuticals, and considers what one can learn from them.

45 ref

007606   Cook T (Bird & Bird LLP, , 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : European intellectual property developments. J Intellect Prop Right 2011, 16(5), 426-8.

As an European intellectual property lawyer, the author is often struck by the amount of comparative analysis in the area of intellectual property which adopts US intellectual property laws, rather than European ones, as their point of comparison. This seems strange when in many respects US intellectual property laws have their own unique features and when European such laws are often more closely aligned with the laws of most other countries in the world. This series of articles aims to expand knowledge of and to explain something of European intellectual property laws; how they got to their present state, what are current hot topics in them, where they are heading and why they matter. This first article will provide an overview of some of these issues and subsequent articles will focus on specific areas of intellectual property.

9 ref

007605   Collan M;Heikkila M (Turku Univ, School of Economics, Pori Unit, PO-Box 170, Pori, Finland-28101, Email: mikael.collan@utu.fi) : Enhancing patent valuation with the pay-off mathod. J Intellect Prop Right 2011, 16(5), 377-84.

Numerical valuation of patents is a difficult task due to great uncertainty regarding the future and inaccuracy in estimation. The pay-off method is an easy to use and understand analysis method that is based on using value scenarios and real options-thinking. The method is designed for the analysis of assets that suffer from difficulties in estimation precision and often face high uncertainty. This paper shows how patent valuation can be enhanced with the help of the pay-off method, based on any of the three 'conventional' patent valuation methods. A numerical case about how the pay-off method can be used together with the discounted cash flow method is presented. The method is already in use by a number of multinational companies for valuation of R&D and is on its way to be introduced into the IPR functions of a number of corporations.

4 illus, 2 tables, 22 ref

007604   Chen R;Cheng-Rong H (Creative Product Design Dep, Southern Taiwan Univ, Taiwan, ROC, Email: ocean@mail.stut.edu.tw) : Changes and challenges in using the formality examination for utility models in Taiwan. J Intellect Prop Right 2012, 17(1), 20-6.

With a View to shortening the time to obtain utility models, the Taiwan government transformed the original substantive examination system of utility models to the current formality examination system in 2004. After four years of implementation, a majority of the utility model applicants have been able to obtain utility models within four to six months. Thus, not only has the time of right endowment been greatly shortened, the needs of the industry in terms of early endowment of utility model has also been satisfied. However, the technical report as part of implementation is not an administrative action, and due to the regulations, the technical report can only be passively used as reference for the holder of the utility model to determine whether the utility patent is valid. The evaluation content and results are not comprehensive enough; there is nothing that can be done regarding inappropriately obtained utility models. This study explores the change to the utility model formality examination system, and also discusses the challenges faced by the Taiwan Intellectual Property Office (TIPO) with this new system which has been applied by most advanced countries. Meanwhile, the proposal in this study will provide a reference for other nations that face changes in utility model procedures.

5 tables, 20 ref

007603   Chakravarti D;Thadani K;Chablani V;Nayak A (Gujarat National Law Univ, , E-4, GIDC Electronics Estate, Sector 26, Gandhinagar-382 024, Gujarat, Email: devadityachakravarti2008@gmail.com) : Abrogating sovereign immunity in patent infringement cases in India: retreating without disgrace. J Intellect Prop Right 2011, 16(5), 418-25.

A broad overview of the present patent regime internationally, reveals that States have an untrammelled, unbridled privilege to derogate from any burden as may arise on infringement of patents held by its citizens, in the name of 'sovereign immunity'. This is in addition to a power conferred upon the State to acquire patents arbitrarily and the discretion to grant compulsory licenses to third parties. In the United States of America, this has aroused much debate ever since the judiciary maintained a stand in favour of the' doctrine of sovereign immunity which has its roots in the British Common Law concept of 'the king can do no wrong'; a principle that is regarded anachronistic by many. Even in India, the Indian Patent Act, 1970 has provisions which immunize the State from liability in cases of patent infringement and provide for arbitrary acquisition of patents; for reasons that need not necessarily fall within the ambit of medical emergencies or only for life-saving medicines or technologies, as many would wrongly tend to believe, but for any use by the government. Under the Act, the government can infringe or acquire a patent directly and openly without any liability. In the light of this, can Article 300A of the Indian Constitution (the right to property), interpreted in the light of the doctrine of reasonableness, be used as a remedy by patentees in case of infringement by the State through a writ petition under Article 226 of the constitution? After all, the jurisprudence of the liability of the State in India is indeed much more evolved and more oriented in favour of the rule of law than it is in the United States. This article examines and denounces the sheer incongruity between patent infringement liability for acts by a private individual and exemption for the same acts by the government and suggests some reforms in the present Indian patent law.

28 ref

007602   Basheer S;Khettry D;Nandy S;Mitra S (The WB National Juridical Sciences Univ, Dr Ambedkar Bhavan, 12, LB Block, Sector III, Salt Lake City, Kolkata-700 098, Email: shamnad@gmail.com) : Exhausting copyrights and promoting access to education: an empirical take. J Intellect Prop Right 2012, 17(4), 335-47.

In what must rate as a momentous occasion in Indian copyright history, the Copyright Amendment Bill, 2012 cleared both Houses of Parliament after 12 years of intense debate, discussion and politicking. These set of amendments were particularly celebrated for fostering social justice through provisions that included a special copyright exception for the disabled and a mandatory royalty sharing arrangement for hitherto exploited Bollywood artists. However, despite the general euphoria surrounding the passage of these highly progressive provisions, there are causes for concern. In particular, the abrupt deletion of a clause legalising parallel imports, contrary to the suggestion of an expert Parliamentary Committee, raised many an eyebrow. It would appear that publisher lobbies prevailed upon the government to effect this last minute volte-face. The main claim advanced by publishers to effectuate this change of heart was that the Indian market was well served with the latest books at affordable prices, rendering redundant the very need for a provision legalising parallel imports. In this paper, the authors limit themselves to empirically testing this claim. The data from three different libraries demonstrate that the Indian versions sold by international publishing houses are often old and outdated editions. The latest versions are available only through imports via websites (or through mainstream distributors) and costs as much, or more than their western counterparts. Further, the legality of such imports is uncertain under the present copyright regime. Based on this evidence, the authors argue in favour of retaining Section 2(m) of the Indian Copyright Act, 1957. They also argue that legal policy ought to favour free market competition, unless the evidence suggests that the gains from such competition are outweighed by the harm to the copyright owner and the growth of the indigenous publishing sector. As of today, no such countervailing evidence has been proffered.

54 ref

007601   Banerjee A;Agrawal A D (Pangea3 Legal Database System Pvt Ltd, , B 23, Global Logic Building, 2nd Floor, Sector 58, Noida-201 301, Uttar Pradesh, Email: anurabha.nlu@gmail.com) : Morality of copyright- a critique in view of the '3 Idiots' controversy. J Intellect Prop Right 2011, 16(5), 394-401.

Seeks to examine debatable issues that have arisen following the controversy involving author's rights after the release of the film '3 Idiots' based on Chetan Bhagats's novel '5 Point Someone'. The fact that Bhagat failed to get due recognition in the credits of movie along with alleged mutilation of the original work raises the question of recognition of moral rights in India. Following the 1994 amendment, copyright law has drifted away from the objective of viewing a work as an integral expression of the author's personality - probably reason why contracts continue to dictate the rights and obligations of parties in such transactions. This article throws light on the need to restore focus on these legitimate concerns by undertaking a critical comparison of the position under foreign laws. The difference in the perspectives of common law and civil law countries in treating the issue of morality of copyright has been marked. A number of illustrative case laws and international conventions have been discussed under various jurisdictions to cull out the basic tenets of moral nature of copyright. The article also puts forth certain suggestions to address the legal concerns.

52 ref

007600   Arumugam V;Jain K (Shailesh J Mehta School of Management, Indian Institute of Technology Bombay, Mumbai-400 076, Email: arumugam.v@iitb.ac.in) : Technology transfer from higher technical institutions to the industry in India-a case study of IIT bombay. J Intellect Prop Right 2012, 17(2), 141-51.

Technology transfer from academic institutions to industry plays an important role in shaping industrial growth and improving the economy of a nation. Considerable research on technology transfer from academic institutions to industry in advanced countries is available. This paper aims to investigate on how Indian technical institutions manage technology transfer. This paper presents a case study of an Indian higher technical institution to show how to develop effective technology transfer process to transfer technologies to industry. The case analysis clearly supports the critical role played by an intellectual property management system in enhancing the effectiveness of the technology transfer. The paper also provides qualitative insights to design effective technology transfer process for Indian academic/technical institutions.

3 illus, 6 tables, 30 ref