007599   Albayrak;Mevhibe;Ozdemir M (Ankara Agricultural Univ, Faculty of Agricultural Economics Dep, Ankara, Turkey, Email: albayrak@agri.ankara.edu.tr) : Role of geographical indication in brand making of Turkish handcrafts. Indian J Tradl Knowledge 2012, 11(3), 420-6.

Handcrafts reflect the Cultural, natural and historical features of a region and society. These handcraft products are also used as souvenirs. Turkey has a rich and culturally diverse potential for handcrafts. While especially carpets, rugs, and hand woven fabric, are found in all regions of Turkey, other products depend on the resources found in the region and include woodcraft, basketry, stone craft, precious metal crafts and ceramics. Through globalization and machine manufactured products, the production of handcrafts is decreasing. To allow handcrafts that make use of idle labor, spare time, and leftover resources and materials to develop and compete with imported goods, it is important to raise the producers' awareness of geographical indication. Geographical indication in handcraft goods affects brand making and trust on the market. This study, which focuses on the development of handcraft in Turkey, geographical indication practices, and its importance in marketing, reveals an increase in registration of geographical indication (GI) in handcraft products in Turkey. In fact, 30% of products registered with GI consist of handcraft products. GI should be considered an important instrument in making Turkish handcraft products a world brand.

3 illus, 3 tables, 28 ref

007598   Ahmad T;Dan S (College of Law, Alliance Univ, Chandapura-Anekal Main Road, Anekal, Bengaluru-562 106, Email: tabrezahmad7@gmail.com) : Comparative analysis of copyright protection of databases: the path to follow. J Intellect Prop Right 2012, 17(2), 111-21.

Databases are generally perceived as static warehouses, storing up valuable facts and information. With the advent of e-commerce, entire businesses are being built upon databases and generating revenue streams from subscriber fees, royalties, or advertising. In order to recover the initial investment of time, money and skill put into it and to avoid parasitic competition, database manufacturers protect their compilation efforts. Therefore, without the ability to restrict access to and use of databases that it compiles, a company is effectively discouraged from participating in the information age. Although traditionally, databases have been protected under copyright laws; advances in information technology have enabled potential competitors and pirates to engage in market-destructive copying. Further, in many jurisdictions, the required level of originality has been in a state of flux in recent years, particularly in the US and Europe, after the Feist decision. The position in India regarding databases is governed by the theory of rewarding investment in labour, time and money coupled with the very low requirement of creativity. A few guidelines have been suggested which may be used to develop a new law taking into account the private and public interests and keeping in mind the primary objective of the intellectual property regime to promote creativity and innovation, and to maintain a vigorous public domain.

70 ref

006590   Yu Y;Zhang L (NO, School of WTO Education & Research of Shanghai Institute of Foreign Tr, Gubei Road 620, Changning, Shanghai, China, Email: yuyangchina2008@gmail.com) : Analysis of enforcement mechanism of section 337 of the US tariff act through perspectives in law and economics. J Intellect Prop Right 2012, 17(3), 209-17.

Analyses made in this article aim at providing distinct explanations and making some predictions on the enforcement mechanism of Section 337 of the Tariff Act of 1930 of the United States from three specific perspectives in the domain of law and economics. Firstly, from the perspective of cost-benefit analysis, it is apparent that the utilization of this enforcement mechanism is the more rational choice for patent holders and exclusive licensees to prohibit and prevent patent infringement in import trade compared with patent litigation in federal district courts. Secondly, from the perspective of negative externalities, it could be ascertained that negative externalities would possibly be incurred by the issuance and enforcement of the general exclusion order issued by the US International Trade Commission (ITC). Whether evaluated by Pareto-efficient or by Kaldor-Hicks-efficient standards, economic inefficiency would potentially be incurred by the issuance and enforcement of general exclusion order especially from the global perspective. Some other institutional measures should be designed and implemented to assure that the possible negative externalities and economic inefficiency caused by general exclusion order should be regulated and restrained to the greatest extent. Finally, from the perspective of path dependence, it can be concluded that the legal institution of Section 337 has been locked-in after the history of 90 years' development. Consequently, even if there would be another dispute against Section 337 adjudicated by the Dispute Settlement Body of the WTO in the future, Section 337 would not be totally abolished or substantially derogated.

32 ref

006589   Yang D (Business Administration Dep, Trinity Univ, One Trinity Place, San Antonio, TX 78212-7200, USA, Email: dyang@trinity.edu) : Colour markability: registrable in few nations, but debatable among many!. J Intellect Prop Right 2012, 17(3), 246-50.

Colour marks have been equally debatable before and after they became registrable in few countries. Before some landmark cases set the broad legal framework for colour mark protection, debates centred on the registrability. Nowadays, registrability remains an issue, but heightened debates have been surrounding the conditions and interpretations of this non-traditional mark. With the increasing importance of marks for businesses and organizations, colour mark issues have become internationally controversial. This Global IP debate thus, opens with two landmark cases: Qualitex v Jacobson and BP v Woohvorths. It then focuses on some conceptual issues relevant to the colour mark itself, its origin with relevant exemplar cases and historical evolvement, to enrich the legal framework and accumulate case experience to resolve colour mark disputes. Next, this column discusses the debates for or against colour mark registrations by drawing arguments and reasoning from scholars and practitioners. The debate ends with some reflections and a possible solution.

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006588   Vaish V;Haji M (NO, National Academy of Legal Studies and Research, Justice City, R R District, Hyderabad-500 078, Email: varunvaish29@gmail.com) : Is there a need to 'substantially modify' the terms of the TRIPS agreement?. J Intellect Prop Right 2012, 17(3), 195-208.

TRIPS Agreement is no stranger to controversy and since its inception has been subject to harsh criticism and calls for modification. The task of defending the TRIPS Agreement, particularly from the point of view of an observer from a third world country is, therefore no mean feat. This article focuses on four major fields where a substantial modification of the TRIPS is being debated and suggests that in light of the recent decisions of the TRIPS Council, the special and differential treatment incorporated, the intrinsic flexibilities available, and the initiatives undertaken at Doha, 'substantial modification' is avoidable. The first issue of focus is traditional knowledge. It is increasingly felt that traditional knowledge can be protected within the framework of TRIPS, without a substantial overhaul of its provisions, through a 'Declaration of Traditional Knowledge and Trade'. The second area of focus is 'seed patents' and rights of farmers to 'save seeds'. This area is in line with the larger debate on bringing the TRIPS into conformity with the Convention on Biological Diversity in order to prevent bio-piracy. This segment is concluded with a discussion on how India has incorporated in its local laws the flexibility available inherent in TRIPS. The third area deals with transfer of technology and whether there exists a need for the TRIPS to be reworked to ensure stricter compliance of developed countries to the relevant obligations already listed in the TRIPS. The fourth and final area of focus is the impact of TRIPS on 'access to medication' brought to light by campaigns carried out by organizations such as the Third World Network and Health Action International in view of the ongoing struggle for access to HIV medication throughout the world, particularly in South Africa.

75 ref

006587   Uluko H;Oyewunmi A;Mandewo G (Faculty of Agriculture, Bunda College of Agriculture, Lilongwe, Malawi, Email: huluko@yahoo.co.uk) : Protecting geographical indications in malawi: current situation and future prospects. J Intellect Prop Right 2012, 17(3), 226-34.

This paper examines the challenges and opportunities available for the protection of geographical indications (GIs) in Malawi. Like in many countries in Africa, there are no statutory provisions for the protection of GIs in Malawi. The challenges and opportunities available for GI protection in Malawi were determined using the SWOT analysis which included data from consumer preference survey, key informants, interviews and desk study. The analysis showed that Malawian consumers are not only influenced by price but also the place of origin of a product (geographical indication) and the quality associated with it. It also showed that Malawi has limited human capacity, infrastructure and finances to successfully implement a sui generis system of protection despite having many potential GIs to benefit from. A comparative analysis found that the available regime of protection is inadequate in protecting GIs. The study concluded that Malawi stands to benefit from GI protection of its products which already have local, regional and international reputation. This would be achieved by short term revisions of the trademark laws and in the long run through a sui generis system of protection.

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006586   Sebastian T (Delhi Judicial Academy, Karkardooma Courts, New Delhi-110 032, Email: sebastian_tania@rediffmail.com) : 'Copyright world' and access to information: conjoined via the internet. J Intellect Prop Right 2012, 17(3), 235-42.

Access to information, despite wide intellectual acceptance, is still a struggle for many in various quarters of the world. In today's era there exist constraints in the way information is shared; dividing continents based on the way information is accessible to its people. This paper strives to understand the underpinning of the accessibility to information in the human right perspective, with a special mention of the current debate on accessibility of the Internet on the lines of concepts which constitute emerging access to knowledge coalition. The arguments of the present paper take the following form: It begins with an introduction to the oft-debated access to information question; goes on to elucidate the view of various scholars on why information needs to be free and extends the aspect of freedom of information to the human right paradigm; then expounds the activism of 'access to knowledge' advocates for access to information; and finally talks about European Union's legalization of access to information on the Internet as a 'fundamental right' before conclusion.

55 ref

006585   Mazzocchi C;Sali G (Agricultural Dep, Food and Environmental Economics, Via Celoria 2, Milan Univ, Italy, Email: chiara.mazzocchi@hotmail.it) : Classification of geographical indications: a proposal of codification. J Intellect Prop Right 2012, 17(3), 218-25.

Despite the will to establish a uniform geographical indication (GI) system during the GATT negotiations in 1994 through regulation (the so-called TRIPS Agreement), the current situation retains a large degree of heterogeneity. Registration-based protection is not compulsory and members can protect GIs under different administrative or judicial regimes. However, given the move towards harmonization, an international register and a common, unique classification for GIs may be indispensable. This paper aims at classifying the different types of protection in the world, to propose a common language to simplify negotiations and promote GIs in the international arena. This classification allows for both commodity features of GIs, those making them potentially largely diffused, as well as specific features, which make them unique agro-food goods. The resulting complex code has the potential to become a reading and cataloguing tool for existing GIs. The paper thus proposes classification categories, called classificators, which associate a product with an identification code. The resulting complex code is designated the International Geographical Indication Code (IGIC) and is a flexible tool that can summarize and represent Gl laws, GI interpretations, and alternative GI classifications that can coexist in a product protected by GI. Furthermore, the classification allows collecting in a single compilation all international GIs and their information.

1 table, 24 ref

006584   Koo D (College of Law, Seoul Univ, Jeon Nong dong, Dong dae Mun gu, Seoul-130 743, Email: kdh@uos.ac.kr) : Trial to confirm the scope of a patent in Korea. J Intellect Prop Right 2012, 17(3), 185-94.

Trial to confirm the scope of a patent against another in Korea is a trial to confirm whether the subject matter of a third party invention that is being worked or going to be worked falls within the scope of an existing patent right. Notwithstanding the legal limitation of such a trial in the enforcement of patent rights, the number of trial cases is substantial because it is cheaper and quicker than litigation in court and the decisions by technology experts possessing knowledge of intellectual property law convince the parties better. The trial is effective in resolving patent disputes especially between patented inventions that are in a 'utilizing relationship', because the trial may judge not only whether the second patented invention infringes the first patented invention, but also whether the two inventions are in a 'utilizing relationship'. However, the Korean Supreme Court has not coherently dealt with either the passive trials to confirm the scope of a patent in general or active trials to confirm the scope of one patent against another in a utilizing relationship, in particular. In order to secure consistency and enhance the lawsuit economy in these trials, it is necessary to regard the trials as legitimate regardless of whether they are active or passive trials. In addition, it is necessary to describe whether a utilizing relationship exists between patents. The notification of a utilizing relationship in passive trials would provide the plaintiff with the likelihood of obtaining a non-exclusive licence. Once the Court finds that the second patent falls within the scope of the first without a utilizing relationship, the Court may inform a patent examiner as to its decision, who then has an obligation to file immediately an invalidation trial for the second patent.

43 ref

006583   Cook T (Bird & Bird LLp, 15 Fetter Lane, London, EC4A 1JP, UK, Email: Trevor.Cook@twobirds.com) : Exceptions and limitations in European Union copyright law. J Intellect Prop Right 2012, 17(3), 243-5.

Most countries, including all those in the EU, provide for exceptions and limitations to copyright by exhaustively listing and defining in their copyright laws all such permitted exceptions and limitations. The United States has been an exception in this respect, having instead a so called 'fair use' approach which provides four parameters for its courts to apply. Some EU Member States, unhappy at the inflexibility of their respective approaches to this issue are now starting to explore to what extent they can move towards a 'fair use' approach. This article considers why this issue has become a particular problem in the EU, what sort of scope EU Member States have to amend their national laws in such circumstances, and where further flexibilities might develop in the case law as a result of the courts applying principles from outside copyright law, notably on the basis of fundamental human rights.

31 ref

003383   Thapa R (NO, Kathmandu School of Law, P O Box 6618, Dadhikot 9, Bhaktapur, Nepal) : Waiver solution in public health and pharmaceutical domain under TRIPS agreement. J Intellect Prop Right 2011, 16(6), 470-6.

WTO adopted the waiver solution in compulsory licensing, beginning from the Doha Declaration to the amendment of TRIPS Agreement, to facilitate access to medicine to the countries lacking manufacturing capacity. This article examines challenges faced by countries while issuing compulsory licensing; waiver decision with regard to Article 31(f) and 31 (h) of TRIPS Agreement. The article further analyses the causes as to why the waiver solution has not been as effective as it was hoped and envisages an increase in its importance in the coming days.

60 ref

003382   Paul S;Chugh A (Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur, West Bengal-721 302) : Assessing the role of ayurvedic 'bhasms' as ethno-nanomedicine in the metal based nanomedicine patent regime. J Intellect Prop Right 2011, 16(6), 509-15.

Traditional medicine system is gaining wider popularity in the present times leading to increase in its commercialization at an international level. The present study is an attempt to analyse various facets of the patent regime of metal-based contemporary nanomedicine, with focus on Ayurvedic 'Bhasms' (alternative traditional medicine) used for various disease treatments. The study proposes a new dimension of understanding of Ayurvedic Bhasms as ethno-nanomedicine in the surging era of nanomedicine. The study proposes to have organized open-sourcing of the knowledge associated with Ayurvedic Bhasms, so that both, the ethno-nanomedicine as well as the emerging metal-based nanomedicine systems can co-exist symbiotically, thereby preventing misuse of traditional knowledge and promoting cumulative benefit to mankind.

13 ref

003381   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyur, Chennai-600 041) : TRIPS, WTO and IPR: biodiversity protection-a critical issue. J Intellect Prop Right 2011, 16(6), 519-21.

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 the critical issue of biodiversity protection.

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003380   Kulkarni V;Konde V (Biotechnology Management Dep, MITCON Institute of Management, Pune-411 045) : Pre- and post- geographical indications registration measures for handicrafts in India. J Intellect Prop Right 2011, 16(6), 463-9.

Over the recent past, Geographical Indications (GIs) have emerged as a significant form of intellectual property rights in the Indian context. In view of the commercial potential of handicrafts, adequate legal protection of GIs becomes necessary to prevent their unauthorized utilization. The illegitimate practice of using geographical names not only damages the reputation of the original product, but also deprives the genuine right holders of the returns on investments for developing goods and its reputation in the market. Moreover, the consumers are likely to be misled into purchasing the counterfeits. This paper provides an overview of the current status of registered GIs and their classification with respect to handicrafts and their region-wise registrations. More importantly, this paper focuses on the need to improve the existing pre-and post-registration GI measures along with its reinforcement measures as critical factors to the success of the handicrafts industry in India.

2 tables, 3 illus, 16 ref

003379   Himanshu V K (Law Centre-I, Faculty of Law, Delhi Univ, New Delhi-110 007, Email: vjyhimanshu@gmail.com) : Patent monopoly and doctrine of exhaustion: limits on exclusive right. J Intellect Prop Right 2011, 16(6), 453-62.

Patent is granted for an invention that is novel, non-obvious, and has an industrial application. The proprietor of the patent grant is able to exploit and control the use of patented matter. Patent as a form of personal property may be assigned, licensed, mortgaged and may devolve by operation of law. The patent exhaustion doctrine, also known as the first sale doctrine, operates to 'exhaust,' or extinguish, the exclusive rights of sale and use as to patented articles sold with the patent owner's authorization. In this background, this article develops the concept of exhaustion and surveys the nature, scope and ambit of the doctrine of patent exhaustion. The relevance of doctrine and right of exclusivity is thoroughly discussed with regard to commercial transactions involving licensing, assignment, sale, disposal or offer of disposal of the patented articles. The article concludes that those conditions which are within the scope of patent monopoly act as limits on the doctrine of exhaustion of right in the sold goods. The exhaustion of right is limited to patented goods, therefore the purchaser has all rights except right to reconstruct. This article while discussing the doctrine from international and national perspective suggests rethinking of the nomenclature of doctrine of exhaustion as contained in Article 6 of the TRIPS Agreement.

20 ref

003378   Escobar-Andrae B (Faculty of Economy and Business, Diego Portales Univ, Av Manuel Rodriguez Sur 253, Santiago, Chile) : North-south agreements on trade and intellectual property beyond TRIPS: an analysis of US bilateral agreements on comparative perspective. J Intellect Prop Right 2011, 16(6), 477-99.

This article lays out qualitative and quantitative information of the extent of intellectual property (IP) protection reached by industrial property related sections of US bilateral trade agreements (TAs) agreed during 2000 decade. The paper classifies IP protection provisions of such TAs. Their extent of protection is measured through the identification of 'shall+' commitments, i.e. compulsory commitments that imply protection beyond WTO-TRIPS benchmark. The metrics built highlight the fact that despite significant similarities in structure and content found across TAs, there is a notable dispersion in the extent of protection they contain. Indices produced show that pharmaceutical provisions comprise a significant part of 'shall+' commitments of such agreements. This finding supports the hypothesis of pharmaceutical industry's success in setting the agenda for US international trade and IP policy¹ and the role that IP protection plays in such industry.^2,3 The extent of IP protection is highly correlated across IP categories and they reveal that Chile agreed to the lowest number of such commitments, whilst Oman and CAFTA agreed to the greatest number of such provisions. Duration of negotiations appears to be negatively and significantly correlated with indices for patent and data protection for Pharmaceuticals. This finding suggests that such provisions indeed became the core of the negotiations, and countries that strove to limit their inclusion, succeeded partially.

17 tables, 26 ref

003377   Cook T (Bird & Bird LLP, 15 Fetter Lane, London, EC4A 1 JP, UK) : The role fo Europe in the development of related rights laws. J Intellect Prop Right 2011, 16(6), 516-8.

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 second article in the series will focus on related rights.

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003376   Ahmad T;Choudhury P P (School of Law, KIIT Univ, Bhubaneswar-751 024) : Rebirth of opt-in-system in copyright: analysis in the light of 'google books' controversy. J Intellect Prop Right 2011, 16(6), 500-8.

Recent copyright controversy, the Google Books litigation, has revived interest in the role that opt-in requirements can play in copyright law. Google Books sought to make every book in the English language text-searchable. To realize this goal, however, Google intended to scan the text of each such book - thereby making a copy - the right to which was vested in different persons around the world. This number of persons amounted to millions and gaining access to all was an onerous task. So, when the company failed to get permission from all the copyright owners, it gave two options to the authors either to opt-out of the copyright or agree to it by as per the result of a class action litigation. In both these circumstances, the user of the copyright had the right to exploit, without authorization, unless the copyright holder took affirmative action. It is the essence of opt-in system in copyright which reared its head once more along with this controversy. This paper critically examines the protection regime in copyright law and the philosophy of protection given to any author over his/her original creation in the light of the above mentioned controversy bearing a potential impact over the fair use doctrine in copyright law. In the present context of highly digitalized society, the dilemma is whether an opt-out system is the need of the hour or the opt-in system should regain its place.

40 ref

023389   Ye F Y (NO, Zhejang Univ, 38 Zheda Road, Hangzhou, Zhejiang Province-310 027, China, Email: yye@zju.edu.cn) : National scientific fingerprint. Curr Sci 2010, 99(12), 1641-42.

1 illus, 5 ref

023388   Nagarajan S;Trivedi R K;Raj Ganesh D S;Singh A K (NO, , S-2, A-Block, NASC Complex, DPS Marg, Near Todapur Village, New Delhi-110 012, Email: sn@nagarajans.net) : India registers plant varieties under PPV&FR act, 2001. Curr Sci 2010, 99(6), 723-5.

The Protection of Plant Varieties and Farmers' Rights 2001 came into force in 2005 and procedural details for the registration of 12 species of plants were completed by 2007. Applications were received from May 2007, and so far 168 varieties of various kinds have been registered. Presents a brief on the same.

1 illus, 1 table, 11 ref

022212   Saberwal G (NEN Wadhwani Centre for Excellence in Entrepreneurship Education, Institute of Bioinformatics and Applied Biotechnology, Biotech Park, Electronics City Phase I, Bangalore-560 100, Email: gayatri@ibab.ac.in) : Bio-business in brief: a bit about technology transfer. Curr Sci 2010, 99(2), 177-80.

Various factors concerning the scientist, the academic institution, a fresh entrepreneur or an existing company, government policies and the environment contribute to greater efficiency in transferring technologies from academia to industry. These factors are discussed here with reference to the situation in the US and India.

2 tables, 9 ref

021074   Chikate A N (NO, Central Library North Maharashtra Univ, Jalgaon, Maharashtra) : Handicrafts geographical markers: Indian scenario. Asian J Libr Inf Sci 2012, 4(1-2), 19-28.

Intellectual Property (IP) is the creation of human intellect and an asset to be bought, sold, mortgaged, licensed, exchanged or gratuitously given away like any other form of the property. The creator of the IP seeks exclusive right and property to be used by others only after owner consent. Geographical Indication is an emerging trend in intellectual property. Geographical indications (GIs) of goods are basically industrial property referred to a country or a place situated in the country or place of origin of product. The present paper takes an overview of the current scenario of geographical indications in India. It also provides a list of geographical markers in India registered under Handicrafts till July 2011

2 illus, 4 tables, 5 ref

019896   Tripathy I G;Yadav S S;Sharma S (Management Studies Dep, Indian Institute of Technology, Delhi-110 016, Email: ishita.tripathy@nic.in) : FDI flows into the Indian pharmaceutical industry: an analysis of trends and constraints. J Intellect Prop Right 2011, 16(4), 330-4.

India's economic reforms since 1990s and World Trade Organisation's Agreement on Trade-Related Aspects of Intellectual Property Rights have caused significant changes in the operational environment of the Indian pharmaceutical industiy (IPI). In this backdrop, this study examines the Foreign Direct Investment (FDI) flows into the firms of IPI. It finds that the amount of FDI, the number of FDI recipient firms and the number of source countries of FDI are larger during the product patent regime as compared to the process patent regime. The factor analysis of primary data presents the perception of 64 sample firms of IPI as regards the main constraints of FDI inflows in the product patent regime.

1 illus, 2 tables, 20 ref

019895   Sakthivel M (Inter Centre for IPR Studies Univ, Cochin Science & Technology Univ, Cochin-682 022, Kerala, Email: msakthi1985@gmail.com) : 4G peer-to-peer technology- is it covered by copyright?. J Intellect Prop Right 2011, 16(4), 309-12.

This article highlights the legal issues that have developed since the advent of the fourth generation peer-to-peer (4G P2P) Internet file transmission technology especially in the copyright regime. A right over third generation pecr-to-peer technology for communicating work to the public has already been extended to authors and also recognized by most of the countries. However, extending authors' right over 4G P2P is too complex because of the nature of the technology i.e., the method of transmission is entirely different from the other generation P2P. While examining the technology, one can very well understand that the method of file transmission has some characteristics similar to that of traditional broadcasting. Therefore, broadcasting organizations and some of the streaming companies seek protection for such transmission just like broadcasters' protection. In this paper, it is argued that without studying the technology as well as defining rights of the author over the 4G P2P, extension of rights to the broadcasters as well as streamers (webcasters in a limited context) is impossible.

22 ref

019894   Nomani M Z M;Rahman F (Law Dep, Aligarh Muslim Univ, Aligarh-202 002, Email: zafarnomani@rediffmail.com) : Intellection of trade secret and innovation laws in India. J Intellect Prop Right 2011, 16(4), 341-50.

Uniqueness of trade secret law is that it fits into the extensive framework of contract, competition, innovation and intellectual property rights. The trade secret doctrines are closely linked to the domain of tort and criminal law although subject to different rationalizations. The remedial part of the law is inconsistent with the cause of action. The varied nature of trade secret calls for its holistic comprehension as a form of intellectual property. An incentive based approach in granting legal protection to trade secret harnesses the idea, inventions, and utility patent. This is best suited to varied categories of innovators and inventors in a post liberalized Indian economy and TRIPS compliance. The paper traces evolution and development of trade secret law in a comparative perspective and critically analyses the potential impact of innovation law on trade secret protection in the context of national innovation policy and laws of India.

42 ref

019893   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:IPA 2005: potential for disputes nd litigation. J Intellect Prop Right 2011, 16(4), 351-53.

World Trade Organization (WTO) was set up in 1995 and has been the custodian of all matters related to 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 IPA 2005 and its potential for disputes and litigation.

019892   Mahajan M M (Economics Dep, Goswami Ganesh Dutta Sanatan Dharam College, Sector 32, Chandigarh-160 030, Email: madhureco@gmail.com) : The emergence of new R&D paradigms in the Indian pharamaceutical industry: post TRIPS period. J Intellect Prop Right 2011, 16(4), 321-9.

India, being a signatory of WTO agreements, has moved from no or partial patent protection to full fledged patent protection. This represents a radical break from the past in which developing countries typically had only weak levels of patent protection. In this context, this research examines the steps involved in development of R&D capabilities in the Indian pharmaceutical firms as a response to strengthening of patent law. This paper analyses the post-TRIPS behaviour of domestic pharmaceutical firms in India with respect to R&D intensification, development of new molecules and enhanced DMF filings. The study establishes that firms in the post WTO era have increased their R&D efforts tremendously and are moving towards the development of advance level process and product R&D capabilities. Such firms have also opted for vigorous DMF filings abroad reflecting qualitative modifications and adjustments in its R&D capabilities in the production of exportables.

2 illus, 5 tables, 27 ref

019891   Jethi M (NO, Amarchand & Mangaldas & Suresh A Shroff & Co., Peninsula Chambers, Peninsula Corporate Park, Ganpatrao Kadam Marg, Lower Parel, Mumbai-400 013, Email: mishita.jethi@yahoo.com) : Dealing 'fairly' with software in India. J Intellect Prop Right 2011, 16(4), 313-20.

Section 52(1)(ab) of the Copyright Act, 1957 deals with the fair use exception in case of computer software. This paper attempts to analyse the scope of this exception when applied to software as a work of art in India. The right to decompile, as found in different countries and enactments, is compared with the Indian position. It is argued that this right must be given very strictly. The Indian position on the right to decompile is very nebulous. The statutory guidelines are insufficient and poorly drafted, leaving the limits of this right uncertain. Allowing decompilation without placing distinct restrictions on how to use such extracted information, completely outweighs the reasoning of fair use doctrine. Inadequate guidelines as to the extent to which a program may be reverse engineered and who is allowed to reverse engineer, leaves loopholes in the protection of software copyright, allowing circumvention of copyright and the defence of fair use while commercially exploiting competing interoperable programs. The paper concludes by stating that with the growing rate of peer-to-peer sharing in India, this exception, unless narrowed down in its scope, may go beyond mere fair use and may be used to circumvent liability for infringement of copyrighted software.

62 ref

019890   Ghafele R;Gibert B;DiGiammarino P (Oxfirst Ltd, Oxford Science Park, Thomas Eccleston House, Oxford OX1, 3BJ, UK, Email: roya.ghafele@oxfirst.com) : Driving innovation through patent application review: the power of crowdsourcing prior art search. J Intellect Prop Right 2011, 16(4), 303-8.

Worldwide filing of patent applications and the ensuing invalidation requests have seen staggering growth over the last decade. The result is increasing patent backlog, deteriorating patent quality and an uncertain economic environment. Patent application review is an integral part of the examination procedures undertaken by patent offices before a patent grant is given. Prior art search is a complex and time consuming part of this process. Crowdsourcing this critical stage is a valuable opportunity to render the patent application review process more efficient. This paper describes the Crowdsourcing phenomenon and details how it can aid patent review. The open source review pilot projects of the USPTO and JPO are presented in order to assess the potential of opening prior art search to the wider community of experts and practitioners. Public-private partnerships between patent offices and companies managing online review communities are proposed as a valuable opportunity to leverage the benefits of open review while providing sufficient incentives and quality assurances to yield useful contributions.

2 illus, 14 ref

019889   Dahiya K (NO, National Law Univ, NH-65, Nagour Road, Mandore, Jodhpur-342 304, Email: kirti.dahiya@gmail.com) : Cinematographic lyricists right to royalty: myth or reality?. J Intellect Prop Right 2011, 16(4), 335-40.

Deals with the issue of a cinematographic lyricist's right to copyright royalty after the producer of a film has been assigned the right. The position of law in India is not in favour of writers, who are often marginalized and cut-out from a share in the profits by generally exploitative and unfavourable terms of a contract. In the light of the same, the author's view is that an amendment to the Copyright Act was long overdue and the Copyright (Amendment) Bill, 2010 is an affirmative step by the government to correct inequitable balance of interests that has plagued the Indian film industry. In order to arrive at a deeper understanding of the matter, reliance needs to be placed on the stand taken by the Indian judiciary with respect to the right of authors over lyrics used in songs in cinematographic vehicles. Recourse will also be taken to considerations on the basis of which the Bill is being pushed. An analysis of the lacunae that may exist even if the reforms arc brought to fruition is concluded with certain suggestions to overcome them.

25 ref

007429   Solanki N (Quality Assurance Dep, Saraswati Institute of Pharmaceutical Sciences, Dhanap, Gandhinagar, Email: solankinitesh1188@gmail.com) : Review of organisational structure of the office of the Controller General of Patents, Designs, Trade Mark and geographical indications. Int J pharm Res Biosci 2012, 1(1), (NULL).

As part of its inclusive approach to the formulation of various policies, this Department has been engaging in prior public consultations on important issues on which policy reform is contemplated. These structured discussions are triggered by the publication of Discussion Papers (DPs) outlining such issues. So far, published eleven discussion papers, of which two have a direct nexus with Intellectual Property Rights. The Discussion Paper in the consultation series and dealing with issues relating to intellectual property rights. It is requested that, to the extent possible, facts, figures and empirical evidence may be furnished, in the context of the specific observations/ suggestions made. The objective is to examine what steps are required to enhance the efficiency and effectiveness of the Office of the Controller General of Patents, Designs and Trade Marks, including through reorganisation. The views expressed in the discussion should not be construed as the views of the Government of India. The Department hopes to generate informed discussion on the subject, so as to enable the Government to take an appropriate policy decision.

^iia3 tables, 14 ref

005250   Silva E F D;Peralta P P (Mestrado Profissional em Properedade Intelectual e Inovacao, Instituto Nacional de Prperoedade Industrial-INPL, Praca Maua 7 s1 1010-Centro, Rio de Janeiro-RJ-Brasil, Email: silvaef@inpi.gov.br) : Collective marks and geographical indications-competitive strategy of differentiation and appropriation of intangible heritage. J Intellect Prop Right 2011, 16(3), 246-57.

This article aims to evaluate the potential use of collective marks and geographical indications as forms of protection for ownership and differentiation of handicraft production in Brazil, considered as intangible heritage. Although, the instruments of intellectual property are, a priori, suitable only for products with industrial application, the above instruments of IPR could be applied to traditional crafts as well. Geographical indications and collective marks are forms of intellectual property protection that are associated with reputation protection and market distinctiveness. Apparently, they could be effectively used to protect and appropriate benefits of economic exploitation in the case of craftsmanship as in Brazilian artisan products.

31 ref

005249   Ping D Tse;Hsien S Chun (Graduate Institute of Global Business and sttrategy, College of Management, National Taiwan Normal Univ, 162, HePing East Road, Section 1,Taipei city, Taiwan) : Exuberance or bubble? Study of nano-based herbal medicine patents in the PR China. J Intellect Prop Right 2011, 16(3), 225-34.

The growing economic and therapeutic importance of Chinese herbal medicine (CHM) has prompted the governments of East Asian countries to develop it into an industry. The current research on the application of nanotechnology in CHM is deemed a new field of study. This article focuses on the issue of overly broad patent applications and assignments in the PR China by examining a case in which a patentee successfully registered more than 900 nano-based CHM patents in China's State Intellectual Property Office (SIPO), all of which were based on the same preparation process. This article further shows that the proliferation of nano-based CHM patents in China is due to the illusion of biomedical technological progress and that the current irrational exuberance for patents not only is a bubble that will burst, but also presents barriers to innovation and invention in the emerging biopharmaceutical ind ustry and the nano-based CHM market.

62 ref

005248   Nair M D (NO, , A-11, Sagarika, 15, 3rd Seaward Road, Valmiki Nagar, Thiruvanmiyar, Chennai-600 041, Email: mdnair@vsnl.com) : TRIPS, WTO and IPR: Recent happiness in WTO. J Intellect Prop Right 2011, 16(3), 267-9.

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 recent happenings in WTO.

005247   Musyuni P (NO, Lachoo Memorial College of Science and Technology, Pharmacy Wing, Jodhpur, Rajasthan, Email: pankaj_musyuni.co.in) : Overview of assets of Intellectual Property Rights: strategic management option for competitiveness and globalisation challenges. Int J Pharm Life Sci 2011, 2(7), 940-4.

Intellectual property rights are accepted as the most important asset of many of the world's largest and most powerful organization; it is the foundation for the market supremacy and continuing productivity and profitability of leading corporations. Provides the various assets of intellectual property rights and their significance in growth of research and development. IPR can be utilized as strategic management tool in the present scenario of increased competitiveness and globalization challenges. Various IPR forms and mode of protection is discussed in order to increase awareness. It is emphasized that for IPR management it is just beginning and more awareness is required for better growth. Further it is focused to utilize IPR as strategic management tool for sustainable growth.

17 ref

005246   Liu W (Social Science Dep, Zhejiang Shuren Univ, Shuren Road, Hangziang Province-310 015, PR China, Email: wenqiliu@gmail.com) : Critical review of China's approach to limitation of the Intenet service provider's liability: a comparative study. J Intellect Prop Right 2011, 16(3), 235-45.

In an information society, granting the Internet Service Provider (ISP) exemption from liability under certain circumstances is an important approach to strike a balance between the interests of the copyright holder, the ISP and the public. Although many countries conditionally provide safe harbour protection for online services, the certainty, feasibility and efficiency of the relevant provisions are different from one country to another. This article reviews China's approach to limitation of the ISP's liability from a perspective of legislation and judicial practice, compares differences in this context between China, the US and EU, and based on which discusses the feasible options for China to increase the certainty of law and inconsistency in judicial practice.

36 ref

005245   Kutty A A;Chakravarty S (Hidayatllah National Law Univ, Uparwara Post, Abhanpur, New Raipur-493 661, Email: adityarukutty@gmail.com) : Competition-IP dichotomy: Emerging challenges in technology transfer licenses. J Intellect Prop Right 2011, 16(3), 258-66.

Technology transfer agreements are necessary to fulfil technological needs that are impossible to meet with local technical capabilities. Traditional devices of licence transfer often fall within the purview of antitrust scrutiny and are deemed anti-competitive practices in general trade, as in the case of territorial restrictions in licensing. Antitrust laws, although fit to evaluate general trade agreements, often fail to address intricate problems involving IPR and therefore, lack the tools to adequately solve them. The blanket protection approach to IP as provided by Section 3(5) of the Indian Competition Act is equally ineffective due to lack of a mechanism to deal with IP-related unfair trade practices. The TRIPS under Article 40, permits member states to prevent abuse of IP through anti-trust legislations. India has permitted cross licensing under its patent laws but has failed to prevent its anti-competitive fallout in technology licensing. This article draws from the EU TTBE 2004 Regulations as well as the US antitrust guidelines to highlight the need for a balance between the two conflicting interests of competition policy and the protection of technological know-how. It further purports to set forth an adaptation of guidelines for India, keeping in mind the anti-trust laws of other jurisdictions.

64 ref

005244   Kadri H;Saykhedar M;Thakur N B (Law College, College Road, Nasik-422 005, Email: kadriharun2001@yahoo.co.in) : Post-trips patenting trends in India with special reference to USA: A comparative analysis. J Intellect Prop Right 2011, 16(3), 217-24.

The TRIPS Agreement, it was expected, would prove beneficial for developing countries, as it would foster innovation, stimulate competitiveness, promote transfer of technology and encourage investment and international trade. India being a signatory to the TRIPS Agreement amended its patent legislation to comply with the obligations under it. After having become fully compliant with TRIPS, one now needs to examine how far has TRIPS contributed in fostering inventive activity in India, specially with reference to USA, a strong advocate of the TRIPS Agreement. The patenting data worldwide and the relevant data from USA and India is compared and analysed to interpret trends in various aspects. The study shows that there has been a tremendous growth in patenting in India after the implementation of TRIPS, but no corresponding spurt was observed in inventive activity in India as expected. Majority of the patents in India are owned by foreign inventors mostly from USA, indicating that TRIPS has benefited USA and other developed countries. On the contrary, India has a negligible share in patents granted in USA. The patenting trend in India shows that TRIPS has neither encouraged innovation in India nor has it played any major role in the development of India.

6 illus, 2 tables, 20 ref

003129   Songara R K;Bisla S;Jain D;Ipshita;Gupta S; Kalyanwat R (NO, Jaipur National University, School of Pharmaceutical Sciences, Jaipur, Rajasthan) : Indian regulatory scenario of trademark attorney. Asian J biochem pharm Res 2011, 1(2), 307-20.

Trade marks are used to identify a person's or company's products or services and may take several forms, including logos, shapes and company names. Trade mark attorneys in India are specialist legal professionals qualified to advise customers about protecting and enforcing their trade mark rights. Not only trademark attorney can solve the trademarks issues, but also they help you in making the right choices.

1 illus, 24 ref

001982   Vijayaraghavan K;Akshat M;Shruthi A;Chiranth C R (NO, Sathguru Management Consultants Pvt Ltd, Plot No 15, Hindi Nagar, Panjagutta, Hyderabad-500 034) : Circumventing complex intellectual property hurdles to enable access to proven upstream technology for poverty alleviation and benefiting resource poor farmers: case studies. J Intellect Prop Right 2011, 16(2), 200-3.

Licensing of technologies by companies and research institutes is a recent phenomenon that has gained immense popularity in the agricultural sector, it being imperative for the research fraternity to gain access to validated technologies, enhance their product portfolio, and accelerate access to commercialization ensuring outreach of good science to farmers. Two case studies pertaining to rice and chickpea are discussed in the paper to elucidate this process.

6 ref

001981   Strachan J M (United States Dep, of Agricultue Plant Variety Protection Office, Beltsville, Maryland, USA, Email: janice.strachan@ams.usda.gov) : Intellectual property rights for plants in the united states. J Intellect Prop Right 2011, 16(2), 84-7.

The United States offers several ways for plant breeders to protect their inventions; plant patents, utility patents, or plant variety protection. There are differences in the type of material that can be protected under each system and the criteria used to examine the application. There is often confusion among applicants regarding why the United States has so many choices, which choice or choices apply to their situation, how to file an application and how that application will be examined. This article provides a basic overview of plant patents, utility patents and plant variety protection in the US.

2 tables, 16 ref

001980   Sreedharan S (NO, SKS Law Associates, F-40, Flat No-4, UGF, Kalkaji, New Delhi-110 019, Email: sunita@skslaw.org ) : Agricultural research vis-a-vis the cresting IPR wave in the 21st century. J Intellect Prop Right 2011, 16(2), 124-30.

Innovative resource use or 'jugaad' by ordinary Indian has contributed immensely to adapting to hardships on the one hand and adding to the global knowledge bank on the other hand. In the present era, India possesses one of the more elegant IPR systems in the world, although the newly enacted laws have encountered minor hiccups. In fact, it was an Indian agricultural product (Basmati rice) that caused a furore over three continents on three different aspects of intellectual property laws in the last decade of the 20* century. However, the 21st century seeks answers to problems beyond the major milestones in Indian agriculture (the green and white revolutions) to tackle the problems of food security and volatile food prices. The gap in the perception of researchers and legal acumen needs to be bridged; wherein IP audit is an important tool to assess and project the intellectual properties of clients. This paper attempts to synthesize a well-knit idea for IPR awareness in agriculture sector using sectoral as well as external examples.

12 ref

001979   Spink J (Anti-Counterfeiting and Product Protection Program, School of Criminal Justice Michigan State Univ, 560 Baker Hall, East Lansing, MI48824, USA) : Challenge of intellecutal property enforcement for agriculture technology transfers, additives, raw materials, and finished goods against product fraud and counterfeiters. J Intellect Prop Right 2011, 16(2), 183-93.

One often-overlooked aspect of intellectual property rights (IPR) strategy is the deterrence and enforcement against 'irresponsible defendants' including product counterfeiters. When applied to food, the consumer product fraud or product counterfeiting is referred to as food fraud, or economically motivated adulteration. While this problem is not unique to agriculture and food products, there are special circumstances and issues to consider. The objectives of this paper are to: (1) review the underlying fraud opportunities (complex and on a massive scale), including an exploration of types of fraudsters and types of fraud (near infinite); (2) review how globalization and source economies contribute to the problem; (3) review the complexity and challenges of enforcement for companies and agencies; and (4) introduce the 'chemistry of the crime' or the 'crime triangle', to shift the focus from reactionary intervention and response to proactive prevention. Five applicable case studies are included, bringing insights on the irresponsible nature of many of the fraudsters. Through its review of fraudsters and types of fraud, this study will provide information to assist with IP technology transfers and the effective enforcement of IPR. Product counterfeiting often poses a very serious public health and economic threat to agriculture and food products. There are very motivated, intelligent, resilient and aggressive fraudsters, but they can be deterred by companies or agencies focused on reducing fraud opportunities. Standard business practices-even identified best practices-often inadvertently contribute to fraud opportunities.

1 illus, 2 tables, 84 ref

001978   Soam S K;Hussain M (National Academy of Agricultural Research Management, , Rajendrangar, Hyderabad-500 407, Email: soamjee@gmail.com) : Commercialization of indigenous health drinks as geographical indications. J Intellect Prop Right 2011, 16(2), 170-5.

Survey under United Nations Conference on Trade and Development project in 25 states of India identified promising indigenous drinks that merit protection as Geographical Indications (GI) including 'nannari' from Andhra Pradesh, 'kokum' from Western Ghats and 'burransh' from Uttarakhand. These are obtained from roots of Hemidesmus 1 indicus, fruits* of Garcinia indica and flowers of Rhododendron arboretum, respectively. Manufacturing procedures involving application of community traditional knowledge, and ethno-medicine properties are scientifically documented. Product acceptability by the retailers and consumers is high; hence companies would be willing to invest in such products. Here, one of the important issues to be addressed is benefit sharing with traditional knowledge holders and alleviation of their socio-economic condition. Producers are unorganized and dispersed with seasonal employment and are not known outside restricted area. Therefore, can GI be a platform for product and market development addressing socio-economic issues? The products have a sufficient niche market since per capita fruit juice consumption in India is only 20 ml. Market demand is expected to increase from 27.4 to 64 billion rupees by 2020 with 8.9 per cent market growth, with 65 per cent market share restricted to South India. In such a scenario, can registered GIs accelerate the growth through market penetration? The study offers solutions/models for GI registration and business strategy with sustainable rural livelihood development.

3 illus, 2 tables, 9 ref

001977   Singh A P;Manchikanti P (Rajiv Gandhi School of Intellectual Property Law, Indian Institute of Technology, Kharagpur-721 302, Email: chawlahs_patent@yahoo.com) : Sui generis IPR laws vis-a-vis farmers' rights in some asian countries: implications under the WTO. J Intellect Prop Right 2011, 16(2), 107-16.

The expansion of scope of intellectual property protection to include plant varieties and ensuing monopoly on genetic resources has raised concerns as it affects traditional rights of farmers. The International Treaty for Plant Genetic Resources for Food and Agriculture (ITPGRFA) provides an international recognition of farmers' rights. The International Union for the Protection of New Varieties of Plants (UPOV) is one of the most accepted sui generis system for the recognition of plant breeder's rights. The present study aims to analyse the farmers' rights development in South Asia from the perspective of intellectual property enforcement. Based on the membership to WTO, ITPGRFA and UPOV, the Asian countries were divided into four groups. It is observed that only Group B countries (which are members of ITPGRFA) have legislations with respect to farmers' rights. A comparison of the policy and legislation revealed that Nepal, Bangladesh, Pakistan and Philippines have framed the policy but legislations are yet awaited.

2 tables, 33 ref

001976   Sidhu A K (Office of Technology Commercialization, Univ of California, Riverside 92507, USA) : Managing intellectual property for agriculture inventions in the university. J Intellect Prop Right 2011, 16(2), 194-9.

One essential function of a technology transfer office is the proactive management of intellectual property related to crops and germplasm. Most of the agriculture stations and universities over the world have established technology transfer offices to protect their own plant varieties all over the world. This paper focuses on the patent policies, technology transfer policies and special practices within the office of technology commercialization at the University of California, which, by some measures, is the largest public technology transfer program in the world.

14 ref

001975   Sastry K;Rashmi H B;Badri J (National Academy of Agricultural Research Management, Indian Council of Agricultural Research, Rajendranagar, Hyderabad-500 407, Email: kalpana@naarm.ernet.in) : Research and development perspectives of transgenic cotton: evidence from patent landscape studies. J Intellect Prop Right 2011, 16(2), 139-53.

Rapid developments of technological tools in the development of transgenic cotton harbouring the Bacillus tliuringiensis (Bt) gene for conferring resistance to bollworm have played a major role in ushering an agri-biotechnology revolution at the global level and more so in Southeast Asian countries like India and China. The unprecedented increase in the use of these technologies and major investments by technology providers through strategic alliances or through agreements has brought the tools into a developing country like India. The objective of the present study is to assess patenting trends of this revolutionary technology in agriculture and its role in commercialization of the crop. Patent landscape analysis was deployed to map bibliographic patterns such as publication and priority year, country, assignees and technological analysis of major research areas with applications in technology development. The study illustrates the crowded domain of technology providers and the need to build strategic partnership platforms for effective use of the products.

7 illus, 5 tables, 37 ref

001974   Sandal N;Kumar A (Directorate of ER & IPR, Defence Research and Development Organization, New Delhi-110 015, Email: avinash@hqr.drdo.in) : Role of freedom to operate in business with proprietary products. J Intellect Prop Right 2011, 16(2), 204-9.

A comprehensive Freedom to Operate (FTO) analysis requires analysing all forms of valid intellectual property (IP) rights and associated agreements and contracts to ensure that development or launch of any particular product/process in a particular market, in a particular country does not infringe any IP right of third party. FTO opinion is usually a legal advice; however, R&D organizations engaged in frequent patenting may also need to develop their in-house capability for FTO analysis. This paper illustrates methodology for FTO analysis, limited to patent rights.

15 ref

001973   Sakthivel M (NO, , 7/41, South Street, Sendurai, Ariyalur, Tamil Nadu-621 714, Email: msakthi1985@gmail.com) : Is it broadcast or broadcasting?. J Intellect Prop Right 2011, 16(1), 23-6.

An authors' right to communicate to the public also includes the right to 'broadcast' the work. However, the right to broadcast can only be commercially exploited with the help of broadcasting organizations. Due to the technical contributions of broadcasting organizations to disseminate the works to the public, they are given some rights which are known as broadcast reproduction rights or neighbouring rights. The Indian Copyright Act defines the word 'broadcast' which may be used for the purpose of determining the scope and ambit of broadcasting organizations' 'broadcast reproduction right'. In effect, there arises an ambiguity in law regarding the author's right to broadcast and the broadcasting organization's rights. Clarity on the definition of broadcast for the purpose of determining the rights of the author as well as those of the broadcasting organizations is necessary. This paper critically analyses the definition of broadcast under Indian Copyright Act by way of examining the relevant provisions in detail.

13 ref

001972   Ramesha K P (Southern Campus, National Dairy Research Institute, Adugodi, Bangalore-560 030, Email: kpragb@gmail.com) : Intellectual property rights regime for livestock agriculture in India-present status and future prospects. J Intellect Prop Right 2011, 16(2), 154-62.

In order to protect the interest of all stake holders of livestock farming in India, it is necessary to protect innovations in livestock sector through appropriate IP instruments along with conservation and sustainable use of native livestock breeds and associated traditional knowledge through sui generis system in the modern IPR regime. The unique attributes of indigenous livestock breeds could be exploited for profits by getting some form of intellectual property rights (IPR) or protection. An appropriate internationally accepted legal system with respect to use of livestock biodiversity and patenting of novel genes may bring about economic benefit to the livestock keepers in the IPR regime through benefit sharing. Harmonization of IP regimes, access to technologies required for biotechnological research and development through easy licensing and/or patent exemptions especially for public benefit oriented research would pave way for making private investments and private-public participation attractive. Present status of IPR protection in livestock sector in India and future prospects considering the typical livestock production situation existing in the country are analysed.

21 ref